The Impact of the Building Safety Act in the Rented Property Sector PBSA, BTR, Co-Living and university accommodation
Here at TPMS, our goal is to ensure that the sector can consistently deliver safe and secure homes, that students want. The introduction of the Building Safety Act 2022, enhances the delivery of safe homes but it does require a change in how buildings are managed. At TPMS we have written this article to help simplify your journey through the Building Safety Act 2022. We recognise the critical need for clear and actionable guidance in navigating these changes, especially given the recent underrepresentation of this topic in sector conferences. This blog post, enriched by the expertise of our newest client specialising in the Building Safety Act, aims to fill that gap.
The Act, a direct response to the Grenfell Tower tragedy, introduces stringent regulations reshaping how PBSA, BTR, Co-Living and university accommodations are constructed and managed. It's not just about compliance; it’s about elevating safety standards to new heights.
how the building safety act affects purpose-built student accommodation (PBSA), Build to rent (btr), co-living and university accommodation
The Building Safety Act has specific implications for residential buildings. A key element of the Act is the introduction of a strict regulatory regime for the design and construction of what it defines as higher-risk buildings. This includes buildings that are at least 18 meters in height or have seven or more storeys (less if any of the storeys have high ceilings or are double height).
Higher-risk definition
Higher-risk buildings are further defined as those containing at least two residential units, care homes, or hospitals. This definition crucially encompasses student accommodation buildings that meet the height requirements, such as flats or rooms in university halls of residence, PBSA, co-living and BTR.
gateway regime
The Act introduces a 'gateway regime,' which requires building safety risks to be considered at each stage of the design and construction of higher-risk buildings. The Building Safety Regulator, part of the Health and Safety Executive, will oversee this process. This includes three gateways:
Gateway One - Before planning permission is granted. This gateway is already in effect.
Gateways Two and Three – These involve additional approval processes before construction can commence and before a building can be occupied.
project timelines and risks
The implementation of these gateways poses specific risks for PBSA projects, especially given the critical need for these buildings to be ready for occupation by the start of academic terms. Any delays in the approval process or during construction could lead to significant schedule disruptions and financial penalties.
dutyholder regime
The Act also establishes a new dutyholder regime, assigning legal responsibilities to those involved in procuring, planning, managing, and executing building work. This regime extends beyond the traditional roles and makes it clear that everyone in the building, from landlords to the operational staff, needs to understand their specific liabilities and responsibilities under the Act. Particularly, landlords always hold a crucial responsibility for the safety of the building, which includes periods of remediation or renovation work conducted by external parties. Therefore, it's imperative that all individuals working within the building, such as cleaners, maintenance workers, and customer service representatives, receive comprehensive training about the Act. This ensures a consistent and thorough understanding of safety practices and legal obligations, fostering a culture of compliance and safety. The regime applies to all works under the Building Regulations 2010, with additional requirements for those working on higher-risk buildings. This includes the need for appointing a Principal Designer and Principal Contractor before the building control approval application, ensuring that every layer of building operation aligns with the stringent standards set forth by the Act.
what property owners need to do to comply
To comply with the Building Safety Act, property owners, particularly those owning or developing PBSA, need to:
Get a height verification report by a specialist surveyor
Get FRAEW assessed by a fire engineer (be sure to account for long waiting times)
Understand the New Regulations: Familiarise themselves with the definitions and requirements of the Act, especially the concept of higher-risk buildings.
Engage in the Gateway Process: Ensure compliance with the gateway regime, preparing for potential delays and additional costs.
Adapt Project Timelines: Adjust project schedules to accommodate the new approval processes and potential delays.
Dutyholder Responsibilities: Recognise and adhere to the new dutyholder regime, ensuring that all legal responsibilities are met.
Risk Management: Develop strategies to manage the risks of delays and additional costs, including contract adjustments and contingency planning for PBSA projects.
conclusion
We hope you’ve found this information both insightful and practical. Remember, staying ahead of regulatory changes is key to successful property management and development.
If you're looking for more guidance or have questions about how we or our client, Inside The Box Advisory can assist you with your building safety applications, please don't hesitate to reach out.
We're here to support and guide you in your property endeavours. Contact Charles at charles@itboxadvisory.co.uk