The transitional period for the new building control regime for higher-risk buildings will end on 6 April 2024. Compliance with the new gateway regime may cause project delays – contracts must, therefore, clearly allocate the potential time and cost consequences of these delays.
The gateway regime will apply to buildings that are at least 18 metres in height or that have at least seven storeys and either contain at least two residential units or are care homes or hospitals.
Higher-risk building projects will need to obtain building control approval from the Building Safety Regulator (BSR) before building work can commence. Residential units in higher-risk buildings cannot be occupied until the BSR has issued a completion certificate at Gateway 3 and the building is registered with the BSR. Those involved in construction projects will need to ensure contracts allocate the responsibility for complying with the new regime appropriately between the parties.
The transitional provisions for the new dutyholder regime are also set to end on 6 April 2024.
The dutyholder regime will impact a wide range of projects and those involved in the design and construction of projects to which the Building Regulations 2010 apply – i.e. not just to higher-risk buildings – will need to be aware of their duties and ensure those that they appoint are competent.
Dutyholders involved in the design and construction of higher-risk building projects will need to be aware of their enhanced duties. Demonstrating competence will be key to the new dutyholder regime and so, in 2024, more guidance is expected as to how competence can be demonstrated, together with accreditation by third parties. Many organisations in the industry will be on a fast-track mission to upskilling and training their teams to comply with the requirements.
What is less clear is the appetite for the industry to take on these roles and the associated risks. This is particularly the case with the role of Principal Designer and it is unclear at this stage whether insurers will seek to manage their risk by setting limits in PII cover offered in respect of this role.
There may also be some confusion when it comes to fit-out works and refurbishments in existing higher-risk buildings, particularly in mixed-use developments. It may not be immediately apparent that fit-out works in an office located within a mixed-use development could be caught by the new gateway regime, but it might, and so these situations will need to be carefully analysed in the context of the proposed works and the configuration of the buildings to ascertain if they are effected.