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    • FM News
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      • Common Topics
      • More Common Topics
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  • FM News
  • The Approach
  • The Cost of Noncompliance
  • Legal Cases
  • The Basics
  • Employer's Obligation
  • Common Topics
    • Common Topics
    • More Common Topics
  • Industry Benchmarks
  • Environmental Protection
  • Fire Safety
  • Special Subjects
    • BIM and Soft Landings
    • BREEAM in Use
    • COVID Secure Plus
    • Sick Building Syndrome
    • Using the UKCA marking
    • Vacant Property
    • Work-related Stress
    • Copyright Section 72
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What the Act means for Building Owners

The Building Safety Act is also clear that building owners and landlords will need

to contribute to the costs of fixing their own buildings.


changes to RRO 2005 that will affect all Responsible Persons

The quality and consistency of building information

Katie Cornhill, Tactical Fire Officer and Silver Commander

  • Fire Safety information is an important element of the contents that must be included in the health and safety file and it should be comprehensible in nature.
  • On occupation, The Regulatory Reform (Fire Safety) Order 2005 (the FSO) applies and requires that the responsible person must ensure that duties imposed by articles 8 to 22 (Fire Safety Duties), or by regulations made under article 24 (and Article 38) of the FSO is complied with in respect of those premises so far as the requirements relate to matters within their control.
  • BIM methodology if applied correctly, enables a digital based comprehensive understanding by duty holders and responsible person(s) and secures a common operating picture (particularly during occupation) resulting from key inputs about the passive, active and managerial (including systematic) preventive and protective measures in relation to the full lifecycle of the built environment.
  • If the correct and required methodical approach is taken by duty holders so that requirements, responsibilities, and accountabilities of the CDM Regs, Building Regs, FSO and Employees Capabilities Regs are met and effective passive measures secured, then this is still the best approach.
  • It is important to recognise that the outcome of the Fire Safety Bill and the new Building Safety Regulator is not to achieve new building and fire safety passive and active fire safety measures per say. Rather the intention is to strengthen and place beyond doubt ownership, responsibility, and accountability for fire and building safety components that have been required for years.
  • Greater stakeholder knowledge of any given premises is key to ensuring the safe use of a building for as long a term as possible.


Building Safety Bill 2019-2021

The system of duty holders

  • A system of duty holders will be established.
  • During design and construction specific duty holders (such as the client, designer and contractors) will be responsible for showing compliance with the regulatory regime through three gateways: before planning permission is granted, before construction begins and before occupation. Under gateway 2 the Building Safety Regulator will take on the role of the Building Control Body. At gateway 3 it will issue a Building Registration Certificate.
  • During occupation two roles will be established: the Accountable Person and the Building Safety Manager.
  • A Building Registration Certificate will be required for occupation and must detail the Accountable Person and Building Safety Manager. The regulator may apply conditions to the certificate.
  • Submitting a safety case to the Regulator will be a mandatory requirement and the Building Safety Manager will be required to keep it up to date. The safety case will be based on the risk assessment principle applied as part of the current Fire Safety Order responsibilities. The case will be reviewed periodically by the Regulator, and it will have the power to require changes to mitigations in place.
  • Across the life cycle of the building there will be requirements on duty holders, such as to maintain the golden thread of building information and mandatory occurrence reporting (of structural safety or fire safety related events).
  • Refurbishment works that are subject to building regulations will come under a similar process involving sign off from the Building Safety Regulator.
  • Existing buildings in scope will be required, after a transition period, to obtain a Building Registration Certificate and have the same system of Accountable Person and Building Safety Manager.

Advice for Building Owners

Multi-storey, Multi-occupied Residential Buildings

  • It is a legal requirement for a responsible person (as defined within the  Regulatory Reform (Fire Safety) Order 2005) to have an up-to-date fire risk  assessment and to take general precautions for buildings within the scope of the  Regulatory Reform (Fire Safety) Order 2005. Fire risk assessments should take  into account the principles set out in the Fire Safety in Purpose-Built Blocks of  Flats guidance published by the Local Government Association. Any fire risk  assessment conducted should take in to account the likely fire performance of  the external wall, as set out in section 72 of the LGA guidance.  

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