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Nearly six years from Grenfell, the landscape has certainly started to change. The Government has introduced new statute, made amendments to existing statute, launched funds, brought responsible parties to the table and signed up nearly fifty of the largest developers to put right the wrongs of the past. I could fill several pages providing commentary and advice on the multiple aspects of the fire safety landscape as it exists in 2023, but for the purposes of this editorial, I will consider just three areas, set against the backdrop of the Building Safety Act 2022 (BSA).
A is for Accountable Person
An AP is a new role under the BSA. An AP is required to be appointed for all occupied high-risk buildings (a building with a storey height of at least 18 metres). Section (72) of the BSA provides clarity that the AP can be an individual, organisation or business. The AP has a duty to take all reasonable steps to prevent a building safety risk from occurring and to reduce the seriousness should one happen. In short, the AP has the following broad responsibilities:
Where there is more than one AP (such as a board of directors) a Principal Accountable Person (PAP) needs to be appointed. Failure to carry out AP and PAP responsibilities could lead to both being criminally liable.
B is for Building Safety Case
The Building Safety Case (BSC) is primarily the culmination and drawing together of key records and methodologies that will ensure a building is kept safe. All occupied buildings in scope will require a BSC and will need to include:
The preparation of a BSCR requires clarity of thought, accuracy and attention to detail and will require regular review and updating and will form a critical pillar of a building’s registration with the Building Safety Regulator.
C is for Culture & Competence
The Hackett Review, post Grenfell, identified four key findings:
A cultural shift was necessary built on mindset and competence.
Competence and culture go hand in hand. You can’t have one without the other. The changes in statute, regulations, best practice and standards now provide a much more robust framework. It follows that the culture and competence of those delivering the services and providing you and your clients with advice should be nothing short of A1.
Shaun Harris, Founder and Managing Director, Harris Associates