Industry coalition urges clients to step up building safety compliance

The BESA’s Clients’ Guide to the Building Safety Act 2022 is a direct response to growing concerns that many clients are still basing their procurement decisions primarily on cost and speed of delivery, while avoiding their legislative responsibilities to improve safety and sustainability.

Published late last year, the BESA’s own research highlighted the fact that many clients were either unaware of or otherwise choosing to ignore their legal responsibilities under the Building Safety Act.

The new guidance sets out clients’ legal duties and emphasises their leadership role in the industry transformation needed to keep all building occupants safe and protect their long-term health and well-being. It reiterates the core message that the new building safety regime applies to all buildings, not just higher-risk structures or high-rise residential developments.

Importantly, the document also boils down the complexity of the legislation into simplified guidance using plain English and avoiding the overload of information that can lead to important messages being misunderstood or ignored.

Timely reminder

Jon Vanstone (chair of the Industry Competence Committee, which advises the Building Safety Regulator) feels the BESA’s guidance serves as a timely reminder of the central role clients play in delivering compliant and safe buildings.

“The Building Safety Act places clear legal duties on clients,” affirmed Vanstone. “They set the tone for projects through their procurement decisions, appointments and allocation of resources. If those duties are taken seriously and supported by competent appointments and informed oversight, the quality and safety of outcomes will improve. If they’re not, no amount of downstream control can fully compensate.”

Vanstone added: “Guidance that helps clients to understand both their statutory responsibilities and the practical implications of those responsibilities is therefore welcome, particularly so where it aligns with the Building Safety Regulator’s Principles for Informed Clients and supports consistent cross-industry understanding.”

The BESA’s document defines ‘Who is the client?’ and the legal requirements of that role. It sets out the client’s duties and how they can ensure their projects remain compliant at every stage, while also focusing on the potential consequences of failure. The guide explains the specific rules and processes required for higher-risk buildings and how to avoid common problems.

What good looks like

“This is a practical guide designed to help clients navigate the building safety process,” outlined Rachel Davidson, the BESA’s director of specialist knowledge. It’s intended to educate, not intimidate by explaining what good looks like so that clients can make better and safer procurement decisions that also make sense for their businesses.”

Further, Davidson observed: “By following the information in the guide, clients can reduce project risks and avoid costly mistakes that could lead to expensive delays and re-designs.”

Davidson added that the guide will also help contractors and other supply chain members explain some of the key elements of the legislation to their clients and emphasise the importance of only appointing competent individuals and companies to work on their projects.

“It should also afford contractors the confidence to challenge decisions and point out errors in procurement that can compromise safety and quality,” concluded Davidson. “Contractors are duty bound under the legislation to refuse to start work unless they are wholly satisfied that the client is fully aware of their responsibilities.”

Lilly Gallafent, CEO of the Cast real estate consultancy, explained: “Change needs to start with clients. While many already do, clients all need to recognise that they have the power to drive a new culture through their supply chains, but they need to be willing to allocate risk fairly and focus on how their decisions will affect the operational life of their buildings.”

Meaningful and lasting change

Gallafent also said: “Pushing hard for cost savings at the start of a project can, when not managed appropriately, end up being very expensive in the long run. Risk needs to be properly assessed and not just pushed down the supply chain. This excellent new guide reminds us that this is a ‘once in a generation’ opportunity to bring about meaningful and lasting change to construction procurement for the benefit of the industry and all building users.”

The Chartered Institute of Building has also welcomed the guide, which highlights some of the key issues contained in the organisation’s own Client Guide. Linda Stevens (head of client development) observed: “The Building Safety Act 2022 places responsibilities on both clients and their contractors. For many clients, we hear that it can be a struggle to come to terms with exactly what they’re required to do by law.”

Stevens concluded: “Among other important subjects, our own Client Guide includes information on building safety. We very much welcome this additional resource from BESA, which can help clients in their understanding of the legislation. It can only be through everyone conforming to the Building Safety Act that we will ensure the built environment is safe for every community.”

Strong support

The BESA Clients’ Guide to the Building Safety Act is supported by Constructing Excellence, the Chartered Institute of Building, the Construction Clients’ Leadership Group, the Cast Consultancy, SFG20, the Industry Competence Steering Group, Ackroyd Lowrie and the Safety & Health Engineering Partnership.

The guide, which can be downloaded for free, will also be the focus of a special building safety briefing event to be held at the Palace of Westminster on 5 May.