On Monday, 15 July we hosted our Building Safety Act webinar featuring Chandru Dissanayeke, Director at the Ministry of Housing, Communities and Local Government . The event provided valuable insights into the legislation's implications for the construction and housing sectors. Following the webinar, we received several questions from attendees seeking further clarification on various aspects of the Act. We are pleased to share additional insights based on these queries.
Timelines and investor engagement
There is a strong commitment to adhering to the timescales set out in the Building Safety Act, which are now enshrined in statute. The Government anticipates that as the new systems and processes become more familiar, these statutory timescales will represent the upper limit rather than the minimum expectation. Delays in decision-making can indeed affect the housing market, leading to the reallocation of capital and impacting home building. The Government has not observed a trend of investors withdrawing funding due to the new regime but remains open to understanding specific instances where this may be occurring.
Defining serviced apartments vs hotels
The Department for Levelling Up, Housing and Communities has published guidance to help interpret the definition of a higher-risk building (HRB). When distinguishing between serviced apartments and hotels, several factors should be considered, including the amenities provided, the level of service, and the typical length of stay. The guidance can be found on the Government's official website.
Feedback on safety case reports
The Building Safety Regulator (BSR) is currently reviewing the initial building assessment certificate applications and is actively engaging with applicants to address any significant gaps. There is already two pieces of published guidance on safety case reports, these being a safety case toolkit and preparing a safety case, and further amendments will be made as necessary to assist the industry. As the higher-risk regime matures, the BSR aims to expedite the assessment process.
Addressing delays in safety case approvals
The BSR began directing applications for building assessment certificates in April 2024. While applications are being assessed, the regulator is working with applicants to fill in any significant gaps to ensure proper building management. The BSR acknowledges that the implementation of the new regime has encountered some delays, but as the system becomes more established, these issues are expected to be resolved.
For a comprehensive understanding of the Building Safety Act and its implications, we invite you to watch the full webinar, "The Building Safety Act: Current Impacts and Future Directions," available on the Mishcon de Reya website. This session offers an in-depth exploration of the topics discussed here and more.