In early December the HSE published a Building Safety Regulator enforcement policy statement (https://www.hse.gov.uk/building-safety/enforcement-policy.htm). Since then, the final piece of secondary legislation for the in-occupation phase has passed through the Parliamentary process. The Minister will now sign this and the associated outstanding legislation after his return from Christmas recess. Shortly thereafter all the outstanding provisions of the in-occupation legislation will take effect.
Principal Accountable Persons and Accountable Persons (PAPs/APs) should ensure arrangements are in place for, among others:
Assessment and management of building safety risks
Production of a safety case report
Production of a residents’ engagement strategy
Provision of information to residents
Provision of a complaints’ procedure
Provision of a procedure to report mandatory occurrences.
Implementing these requirements is key to ensuring that residents are safe and feel safe in their homes.
The BSR believe what PAPs/APs need to do should not be news to them as the BSR has been communicating with PAPs/APs about taking appropriate action to prepare for and being ready to implement these requirements.
As set out in the Enforcement Policy Statement, where BSR finds the new requirements are not being implemented we will take action which is proportionate to the risks, the level of non-compliance and to the seriousness of any breach of law. This will range from verbal and written advice, rising to enforcement notices and ultimately prosecution in the most serious cases.
BSR look forward to the new in-occupation phase of the regime being successfully implemented in all high-rise residential buildings and seeing the central objective of ensuring residents’ safety reaffirmed with clear rights and duties. The residents are the people who matter most in these buildings.
BSR further comment that they will continue to keep the sector up to date. With the in-occupation legislation coming into force BSR will be increasingly communicating with residents directly to ensure they are fully informed. BSR’s communications strategy for PAPs/APs will also continue to ensure that all those who are responsible for building safety are aware of what they must do and how best they should deliver it.