Integrated Retirement Communities: a seasonal recap of health and safety

The Building Safety Act 2022 (BSA) is the most significant piece of legislation to affect the construction sector in over 30 years and it is easy to feel overwhelmed by the complex nature of the BSA together with the volume of material generated on the subject. 

Here, we summarise the key changes brought about by the BSA for those involved in the construction of, or works to, Integrated Retirement Communities (IRCs) as well as looking ahead to what are likely to be significant BSA-related developments affecting IRCs in 2025.

Where are we now? 

Competency / Dutyholder requirements

Any building and design work to IRCs which falls within the scope of the Building Regulations 2010 must comply with The Building Regulations etc (Amendment) (England) Regulations 2023 (the Dutyholder Regulations).

The Dutyholder Regulations denote certain “Dutyholders” involved in building works who must carry out certain prescribed roles. Dutyholders include developers, contractors and designers. All Dutyholders must demonstrate competency to carry out any building work in accordance with the Building Regulations 2010 and Dutyholder Regulations. 

The categories of Dutyholder use the existing terminology of the Construction (Design and Management) Regulations 2015 (CDM Regulations) (i.e. Client, Principal Contractor, Principal Designer, Contractor and Designer) but the obligations pursuant to the Dutyholder Regulations are in addition to obligations pursuant to the CDM Regulations and cannot be contracted out of.

Gateways – Higher-risk buildings

While the requirements set out above apply to all IRCs, those IRCs which fall within the definition of a “higher-risk building” (HRB) need to comply with additional processes, in particular the building control gateway regime. 

As a reminder, an IRC will qualify as a HRB if it: 

1. is at least 18 metres or 7 storeys high; and 
2. contains at least two residential units or other units of living accommodation. 

The process for the design and construction of HRBs is known as the “gateway approval regime” as a result of the three approval points (i.e. gateways) where sign-off from the Building Safety Regulator is required.

In addition, all HRBs must be registered with the Building Safety Regulator and comply with a set of advanced competency requirements set out in the Dutyholder Regulations.

Increasingly, we are seeing IRCs being constructed at a scale bringing them within the definition of a HRB. As such, those involved in the construction of IRCs, or involved in works caught by the BSA to IRCs which qualify as HRBs, need to be alert to these prescriptive approval processes. 

What’s coming up in 2025?

Grenfell Inquiry Phase 2 Report recommendations

The Grenfell Tower Inquiry published its Phase 2 Report on 4 September 2024. Key recommendations arising from the report include: 

• Construction Regulator – the report recommends the creation of a single “Construction Regulator” to address the fragmented nature of the current building safety and fire approvals processes, which at present involves numerous bodies. The Construction Regulator would be responsible for a number of functions including oversight of building control, regulation of construction products and the development of appropriate methods for the testing and certification of construction products. 
• New definition of “higher-risk building” – the report recommends that the definition of a HRB under the legislation is reviewed so as to broaden the scope of the definition beyond the height of the building and to include consideration of the use of the building and the likely presence of vulnerable people. Given that IRCs are more likely than other types of residential accommodation to include a high proportion of residents who have limited mobility or other vulnerabilities, it may well be that IRCs find themselves caught by any new definition of a HRB (and therefore need to comply with the prescribed legislative requirements) even where the height thresholds for the building are not met. 
• Contractor licensing – the report seeks to strengthen the checks in place to ensure the competency of professionals within the construction sector. For example, the report suggests that contractors wanting to carry out the construction or refurbishment of HRBs must do so within the bounds of a new licensing framework. 

The report’s recommendations are currently being considered by the government and a formal response is awaited as to which of the recommendations will be implemented and what shape these will take. 

Personal Emergency Evacuation Plans

The Parliamentary Under-Secretary for the Ministry of Housing, Communities and Local Government announced in September 2024 that the Home Office will, in the near future, bring forward proposals for “Personal Emergency Evacuation Plans” (each plan known individually as a “PEEP”) for disabled and/or vulnerable residents of "high-rise residential buildings". Such residents shall be entitled to an individual risk-assessment and bespoke evacuation plan in order to aid the fire safety of all residents. 

The proposal for PEEPs comes in response to the Grenfell Tower Inquiry’s Phase 1 Report which recommended that the owner and manager of every high-rise residential building be required by law to prepare a PEEP for vulnerable residents. Developers and operators of high-rise IRCs should keep on their radar that the requirement to prepare a PEEP for each vulnerable resident may soon become law.

So, whilst investors, developers and operators continue to get used to the new legislative landscape and the current building safety related rules and requirements we have, all will need to remain vigilant going into 2025 as the building safety picture will not stand still and we're likely to see further developments. Getting the right professional advice to plan ahead and avoid any future issues will, of course, be important – and Trowers & Hamlins LLP are here to help!