星空传媒

From materials delays and rising costs to labour shortages and regulatory uncertainty, it is no secret that the construction sector has faced many and mounting pressures in recent years. And, amid this widespread financial and operational strain, the industry has also been coming to terms with the implications of the 星空传媒 Safety Act 2022 (BSA).

A necessary regulation following the Grenfell Tower disaster, the BSA is a response to long-standing issues around building safety. It focuses mainly on structural and fire safety within design and construction of residential buildings 鈥� distinguishing high-risk buildings (HRBs) of 18 metres in height or seven-plus storeys high from non-HRBs.

Compliance with the act requires passing through three gateways: planning, detailed design and handover. Contractors are largely involved in the design and handover phases, and employers 鈥� typically developers and project owners 鈥� are now shifting responsibility for the timely submission of the design via pre-construction services agreements (PCSA) and, ultimately, the building contract.

>> Also read: 5 minutes with Lee Powell at Henry Boot Construction

Moreover, every detail of the design鈥檚 quality assurance evidence must be listed in what is called the 鈥済olden thread QA document鈥� 鈥� the third gateway.

While the BSA is welcome in principle, its underprepared implementation has been causing significant problems for the industry. And, while the government鈥檚 recent reforms to the 星空传媒 Safety Regulator (BSR) are a welcome move towards a more efficient and responsive system, significant challenges remain.

The impact of the BSA roll-out

For context, the reality of what we have been seeing is that the level of detail required and the limited resources available at the BSR to review submissions has created a backlog. A detailed design review (gateway 2) that should take 12 weeks now takes an average of at least 30, and the eight-week response time for the handover gateway approval process (gateway 3) is reportedly stretching to 20 weeks and counting.

This means that only a very limited number of projects have so far navigated gateway 3 due to the timing of the new legislation.

The poorly planned roll-out means many construction businesses are now struggling to cope with these project delays. Some sectors even risk entering a recession, especially where the delays are exacerbating other cashflow pressures.

It is more than simply a regulatory lag; it is a bottleneck that can compound risk and throttle both momentum and profitability for developers and contractors alike. Many  projects are being shelved altogether.

Funding is slowing for projects that require gateway approval, and HRB projects are becoming less attractive as a result. But this is inconsistent with a goernment policy that pledges to build 1.5 million homes over the course of this Parliament.

Years of delays, uncertainty and operational inefficiencies have caused real disruption across the sector, impacting project viability, delivery timelines and confidence. So, while the government鈥檚 reforms are a positive move forward, repairing the damage and restoring momentum will take time, clarity and a continued partnership between industry and government.

Paving a way forward

There is no denying that the BSA is a necessary and welcome regulation, but it is one that has always had room for improvement. So, how can we speed the process up?

Of course, the issues I have covered here have been mentioned before and only scratch the surface of this very complex issue, but with some carefully considered changes and government-sector collaboration, there must be a way to improve the process.

The government鈥檚 move to bring in 100 additional staff, introduce a fast-track process and work towards a single construction regulator are all steps in the right direction. But there is still a long road ahead. What we need now is clear guidance, consistent decision-making 鈥� and collaboration to make the system truly effective.

Another potential solution the government should consider is the creation of a standard technical manual of robust design/construction details 鈥� used to address fire safety situations encountered in HRBs. Gateway 2 should comprise RIBA stage 3 design information, with reliance on the predetermined standard technical manual for structural and fire safety.

The compilation and publication of such a manual 鈥� complete with robust design details for every conceivable eventuality concerning fire and structural safety in residential buildings 鈥� should be undertaken by a specialist workforce panel headed by the 星空传媒 Research Establishment. It should also include representatives from leading architects, structural engineers, fire safety consultants, and building contractors.

The idea of a government-backed national insurance fund to compensate developers for financial losses relating to unnecessary delays by the BSRs, remains an ambitious but relevant proposition

Any bespoke details relevant to a particular gateway 2 submission that are not covered by the standard technical manual would need to be designed and detailed in full and submitted alongside the RIBA stage 3 design. The 鈥済olden thread鈥� document presented at gateway 3 would then record and validate that the RIBA stage 3 design, along with the necessary standard and bespoke details, has been fully complied with.

In light of the BSR reforms, the idea of a government-backed national insurance fund to compensate developers for financial losses relating to unnecessary delays by the BSRs, remains an ambitious but relevant proposition. And, while such an initiative is unlikely to materialise, it would send a clear message that the government recognises the commercial realities that developers face.

While the reforms are a positive step, a financial safety net would go further 鈥� making HRBs more viable and attractive to developers, and signalling that, while the BSA is vital, its implementation should not come at the cost of delivery. It could also encourage greater collaboration between developers, regulators and the government going forward.

The BSA鈥檚 implementation to date has lacked the practical foresight needed to support delivery. A revised approach has been long overdue to ease the burden placed on developers and contractors.

If the government is serious about hitting its target of 1.5 million new homes, it must ensure that the BSA acts as an enabler of safer housing, and not an unintended barrier to progress.

Lee Powell is managing director of Henry Boot Construction