Key Facts

• Amendments provide Welsh Ministers the ability to define 'building' under section 120I.
• The power to define 'higher-risk building' is subject to affirmative procedure.
• In England, higher-risk buildings are defined as at least 18 metres or seven storeys high.
• Section 120D(6) includes a power for future adjustments subject to the affirmative procedure.
• The objective threshold is set at 18 metres or seven storeys.
• Properties below 18 metres are generally considered less risky than those above that height.
• Clause 30 mandates the Secretary of State to have regard to the Building Safety Regulator’s advice and recommendations.
• Clause 32 provides powers to set procedural requirements in building regulations.
• New building control route procedures are included for design, construction, and refurbishment of higher-risk buildings.
• The clause allows consultation arrangements between local authorities and fire and rescue authorities on fire safety measures.
• Gateway 2 is a mandatory approval process before construction can commence.
• Gateway 3 involves inspections by the Building Safety Regulator upon completion of work.
• Applicants must provide plans and documents to the regulator for other stages of work when control approval is limited.
• New paragraph 1B allows applicants to submit applications for minor refurbishments without disproportionate requirements.
• New paragraph 1C enables robust statutory frameworks for competent person schemes.
• New paragraph 1D creates a power to enable building regulations to require the supply and retention of information, known as the golden thread.
• New paragraph 1D creates power to set out information and document standards for the golden thread.
• Paragraph 1E enables mandatory occurrence reporting for higher-risk buildings during design and construction phases.
• Proposed new paragraph 1F allows prescribing form and content of documents for building control applications, including a design-and-build approach document, fire-and-emergency file, and construction control plan.
• New paragraph 1G provides powers for building regulations to make provisions for inspection and testing by building control authorities.
• Paragraph 1A sets prescribed timetables for building control authority determinations, preventing unnecessary delays.
• Paragraph 1H allows extension of timetables with agreement from applicants if necessary.
• Paragraph 1I enables drafting regulations allowing appeals against decisions made under the Building Act and building regulations.
• Repeals sections 16, 17, and 31 of the Building Act.
• New powers apply in both England and Wales.
• Amendments to references in the Building Act include replacing paragraphs 2 to 5 with new paragraphs 1A to 1I.
• Clause 32 sets rules for building safety compliance.
• The golden thread must provide information about a building's design, construction, and management throughout its lifecycle.
• Secondary legislation will detail specific requirements for the golden thread to allow flexibility in technical developments.
• Funding has been provided to the Health and Safety Executive for setting up the shadow Building Safety Regulator.
• Clause 33 relates to amendments to schedule 1 of the Building Act 1984.
• It implements recommendations from Dame Judith's review regarding key roles and responsibilities in building processes.
• Draft regulations will identify duty holders such as clients, principal designers, and contractors.
• Clause 34 amends the Building Act 1984.
• It imposes duties on those doing design or building work to have appropriate competence.
• The requirements relate to skills, knowledge, experience, and behaviours for individuals, and organisational capability for organizations.
• The Government announced £700,000 funding for training 2,000 external wall system 1 assessors.
• Training commenced in January of the current year.
• An approved document as statutory guidance will be provided to support duty holders.
• Clause 34 aims to ensure individuals undertaking construction work have proper qualifications.
• The Building Safety Regulator must lead industry competence rather than only addressing issues after they occur.
• Trade unions should be involved from the outset in training and discussions.
• British Standards Institution is developing competence standards.
• The Government is sponsoring BSI to create a suite of national competency standards for high-risk buildings.
• The Building Safety Regulator will establish an interim industry competence committee followed by a statutory one.
• Building control approvals will lapse automatically after three years if work has not started, simplifying the system and saving local authorities administrative costs.
• The small change made in clause 35 aims to address the challenge of build-out.
• Christopher Pincher is committed to working broadly across the House on this issue.
• Further substantial planning reforms are expected in the future.