BSR to introduce “more proportionate approach” for HRB assessments

The Building Assessment Certificate (BAC) Foundation Plan responds to feedback from PAPs, financial institutions and other stakeholders. It addresses the implementation of requirements for occupied higher-risk buildings (HRBs) introduced in the Building Safety Act 2022.

In essence, the Building Assessment Certificate Foundation Plan aims to:

*ensure building safety legal duties remain in place for more than 6,000 legally responsible PAPs and ‘Accountable Persons’ (APs) of HRBs across England while it’s developed

*apply learning from the introduction of the BAC regime to improve assessment processes

*only call in new applications when necessary until improved processes are agreed and communicated to duty holders

*prioritise applications already undergoing an assessment

*explore options for proportionate, fast-track reassessments for previously refused certificates once standards are met

*provide greater and more targeted support to resident-led PAPs

*help protect residents and leaseholders from unnecessary or unexpected costs

*continue to work with the Ministry of Housing, Communities and Local Government (MHCLG) to inform potential long-term legislative changes

Ongoing duties of PAPs and APs under the Building Safety Act remain in place. Whatever changes are made in terms of how the BSR approaches its work on BACs, all PAPs and APs must continue to manage their buildings to ensure residents are safe from the risks of fire spread and structural failure.

Considerable progress

Since the BAC process began back in April 2024, the BSR has directed PAPs to apply for certificates for nearly 2,000 buildings.

The BSR originally prioritised assessing the buildings with the most significant risks. This was based on information PAPs supplied when HRBs were first registered with the BSR, including height, number of apartments, the presence of combustible aluminium composite material cladding and whether buildings used large panel system construction methods.

The BSR has made significant progress with the regime, having streamlined processes and increased engagement. However, it continues to face challenges. Assessment processing times are twice as long as initially expected. So far this year, 66% of applications have been refused.

The BSR has found that refusals often occur because applications focus on process compliance rather than effective management of safety. The BSR recognises that many volunteer-led resident management companies, commonhold and Right to Manage organisations have struggled to navigate these new legal requirements. This has often led to the BSR refusing to issue a BAC as applications didn’t show adequate arrangements to address the risks of fire spread and structural failure. These difficulties have led to added or unforeseen costs being passed on to residents.

New approach

In order to address these challenges, the BSR will now shift its approach to ensure that it’s more proportionate, intelligence-led and risk-based. During this transition, the BSR will concentrate on working through existing applications until future processes are finalised.

This will include:

*modifying the risk-based approach, initially concentrating on organisations responsible for multiple HRBs

*carrying out sample interventions based on risk or intelligence about buildings, organisations or duty holders

*granting smaller, volunteer-run resident management companies more time to prepare their evidence

*supporting applicants whose applications are being processed, as well as those who were previously refused and given building safety actions to complete before reassessment

Resident-managed buildings need support to prepare for future inspections, while continuing to meet their legal duties. Providing this help will significantly reduce the likelihood of avoidable refusals and could cut associated financial burdens on leaseholders and other residents.

The BSR is also working closely with MHCLG to review the impact of the regime, including the cost to leaseholders, before agreeing a new system and timescales for future assessments.

Providing greater support

Work is already underway to introduce measures designed to help duty holders to submit high-quality evidence of how they’re meeting their ongoing fire and structural safety-related duties.

These measures include the following:

*simplified assessment criteria will be published to make expectations clearer for both applicants and assessors

*clearer technical guidance will be developed with professional bodies to clarify what constitutes a suitable structural and fire risk assessment

*a single point of contact for PAPs responsible for multiple HRBs, such as local authorities, housing associations and large-scale landlords

*exploring the provision of pre-application advice and support with a named BSR contact (designed specifically for the more than 2,000 resident-managed HRBs)

Initial updated resources are expected to be available from September. The BSR will keep duty holders and building owners informed about additional resources and support as they become available.

The BSR will also produce information for duty holders to give to high-rise residents about how and why future assessments could be carried out.

Ongoing role of duty holders

While the BSR is resetting the assessment process, the legal duties under the Building Safety Act remain firmly in place. As noted, whatever changes are made to how the BSR approaches its work on BACs, all PAPs and APs must continue to manage their buildings to ensure residents are safe.

Obtaining a certificate or approval is not the end goal. All PAPs and APs must proactively prevent and mitigate the spread of fire and structural failure.

PAPs also continue to be legally required to maintain an effective mandatory occurrence reporting system and implement a comprehensive resident engagement strategy.

PAPs must not wait for any future assessments before preparing Safety Case reports. These legal duties have been enforceable since January 2024.

The BSR will continue to refine its guidance in order to help duty holders embed a lasting culture of building safety.

Targeted package of measures

Lord Roe, Board chair of the BSR, commented: “We recognise the first roll-out of the building assessment certificate regime presented significant challenges and costs for duty holders, with determination times and refusal rates falling short of our expectations. The shift in strategy and our longer-term plans are a clear and practical targeted package of measures to reset the system.”

Lord Roe added: “By doing this and supporting all ‘Accountable Persons’ to carry out their essential and ongoing legal duties, we can ensure many high-rise residents see the high safety standards they deserve and expect without facing additional financial burdens.”

Charlie Pugsley, acting CEO of the BSR, noted: “As we enter an important new chapter as a standalone body, our priority is on strengthening safety, building trust and working together with industry. Speed cannot come at the cost of safety, but neither can unnecessary complexity. We are wholly committed to a new and proportionate approach towards assessments as well as providing updated guidance, resources and support.”

Pugsley added: “This is so duty holders, and notably so those in resident-managed buildings, are ready to demonstrate compliance whenever asked. Meeting these standards will ensure residents in thousands of high-rise buildings across England feel safe and are safe in their homes.”