What Will The Building Safety Bill Mean For Delivering Affordable Homes?

• Published date: 02 November 2021
• Subject Matter: Real Estate and Construction, Construction & Planning, Real Estate
• Law Firm: Winckworth Sherwood
• Author: Charis Beverton

Charis Beverton, Partner in our Construction team, looks at the Building Safety Bill and considers what it will mean for the delivery of affordable homes.

The Building Safety Bill, published on 5th July, will fundamentally change the landscape of construction and building management in this country and will, says the Government, ensure safety for residents. Greater regulation is undoubtedly needed to allow residents to be clear on how their building was constructed and to feel safe in their homes.

It is also likely to impact the delivery of new homes both because of the increased cost to build but also the increased cost to manage and maintain. For housebuilders, including social housing providers, many of the policies included in the Bill will have significant ramifications for an industry already squeezed by labour and material shortages and an ever-shrinking professional indemnity insurance market. The increased regulation may push some players out of the high rise sector altogether, and potentially hinder housing delivery.

The Bill modifies more than 35 pieces of existing legislation and consequently will not just affect buildings over 18 metres in height. We are likely to see requirements affect processes for all large developments.

The Government intends the new regulatory regime to be introduced within 12 to 18 months of Royal Assent, which could occur within six to 12 months of the publication of the Bill. Realistically, we can expect implementation in or around 2023.

The broad impact of the Building Safety Bill from planning to occupation

The Bill affects construction from planning through to occupation. The new regulator, the Building Safety Regulator, will have a power of veto to stop construction of new tall buildings at three gateway points: planning, pre-construction and pre-occupation. The new product regulator will also be able to prescribe what materials do and do not make the grade for UK construction.

Existing CDM Regulation duty holders will find their duties enhanced for tall buildings and, once built, new duty holders (Accountable Persons) will have responsibility for registering the building with a regulator, establishing a 'safety case' and implementing building safety. Criminal penalties now await those who fall short of the statutory requirements.

The Bill means that residents will be involved in the safety of their buildings ' including having their own duties and penalties for non-compliance, and contributing to the cost of...