2023 has by any method of measurement been a challenging and game-changing year for the residential property management sector. In just 12 months we have seen changes to the Regulatory Reform (Fire Safety) Order, and changes to Building Regulations, the largest developers and house builders have (mostly) signed the remediation contract with the government, and the sub 18m storey height Cladding Safety Scheme has been launched and of course the Building Safety Act (BSA) has sent property managers across the land into varying levels of flat spin, having to deal with deadline after deadline vis-à-vis building registrations, key building information and so on.
Is it safe yet?
But if you thought it was safe to get back in the calmer waters of your day-to-day raison d'être, then think again because 2024 is set to be another year of challenge with more deadlines and new stuff in the offing.
The date that property managers and residential portfolio advisers now seem to be most vexed by is April 2024. The reason for this is that the Building Safety Regulator (BSR) has advised that from April 2024 they will commence their assessments of Building Assessment Certificate (BAC) applications. A BAC is going to be required for all in-scope high-risk buildings (HRBs), including those that are not new and are already occupied.
But what is a BAC and when can I get one?
BAC To The Future!
Firstly, unless you have been living under a rock, property managers will by now be familiar with PAPs (Principal Accountable Person) and APs (Accountable Persons). It is the PAP that has the responsibility to apply for a BAC. For many buildings, this function will be carried out via property managers. However, neither the PAP nor their property manager can nominate their buildings for an application for a BAC. You will need to wait to be invited by the BSR to make your application, which could be April 2024 or a much later date in the future.
And by the way, the BSR has a 5-year plan to assess existing buildings, with the timings driven by building height, number of dwellings and the information that was provided when the building was registered. Consequently, you may have to wait rather longer than you had anticipated to apply for a BAC.
BAC To Basics
So what’s included in a BAC application? The BSR will require the following:
- A copy of the latest Safety Case Report (SCR)
- A copy of the Residents’ Engagement Strategy
- Information on how the mandatory occurrence reporting system operates
- A statement confirming all APs have supplied relevant information and documents to all appropriate persons (BSR, residents, other APs etc.)
It is perhaps the preparation of the SCR that is causing the most consternation. In part because it is new, there is no fixed template and the process is to an extent open to interpretation.
SCR Overview
My advice at this juncture is to recognise that the SCR needs to make an argument (supported by evidence) that all reasonable steps have been taken to prevent building safety risks and reduce the severity of an incident should it occur. The onus will be on assessing possible scenarios around fire safety and structural failure.
For those preparing SCRs, proportionality is key in that the SCR should be proportionate to the risks in that particular building. Just because something is possible, does not automatically mean it is reasonable – it will depend on the circumstances. Demonstrating to the BSR that the risks and any resultant measures in place are proportionate, will go a long way to achieving a successful BAC application.
Shaun Harris,Managing Director, Harris Associates
