The Government has published the Building Safety Act 2022 (Commencement No. 3 and Transitional Provision) Regulations 2022, which bring further provisions of the Building Safety Act 2022 (the Act) into force (the Regulations).
What is in the Regulations?
The Building Safety Act 2022 (Commencement No. 3 and Transitional Provision) Regulations 2022 (made on 18 November 2022) bring three sections of the Act into force from 1 December 2022. These are all in relation to the new Building Safety Regulator (the Regulator):
- sections 4(1), (2), (3) and (4), which impose a duty on the Regulator to assist specified groups in the improvement of building safety (the Regulations also include a transitional provision in relation to section 4(3)(d) until section 32 of the Act comes into force);
- sections 9(1) and (2), which require the Regulator to establish a building advisory committee; and
- section 11, which requires the Regulator to establish and maintain a committee of residents of higher-risk buildings to advise it on its functions.
These committees are a new feature of the regulatory landscape and the Regulator will consult with them on buildings, building industry competence, and resident representation.
The building advisory committee
The building advisory committee implements one of the Hackitt Review’s recommendations that Government should create a new structure to validate and assure guidance, oversee the performance of the built environment sector and provide expert advice. This committee will give advice and information to the Regulator about matters connected with the Regulator’s building functions (except relating to the competence of persons in the building industry and registered building inspectors or matters within the remit of the Residents Panel). The building advisory committee is due to meet for the first time in December 2022 and will consist of a high level steering group, underpinned by separate technical working groups focussing on specific areas of work.
The residents’ panel
The residents’ panel will consist of residents of higher-risk buildings and other relevant persons and is intended to ensure that residents are placed at the heart of the new regulatory regime and are contributing to key policy changes related to their homes.
Industry competence
There will be a third committee under section 10 of the Act (which has not yet been brought into force) relating to industry competence. This committee will implement an observation in the Hackitt Review that the current landscape for ensuring competence is fragmented, inconsistent and complex. This industry-led Committee will be concerned with monitoring and improving competence of persons in the built environment industry.
