Building Safety Regulator delays “unacceptable” asserts House of Lords Committee

While welcoming the increased scrutiny the Building Safety Regulator has brought to the design, construction and management of buildings in the interest of safety, the Industry and Regulators Committee’s 80-page report (entitled ‘The Building Safety Regulator: Building a Better Regulator’) also warns that the delays mean the Government is in danger of missing its stated target of building 1.5 million homes by 2029.

Having heard from a range of witnesses including representatives of campaign groups and other organisations, developers, housing associations and regulators working closely with the BSR, the Committee also finds that:

*the BSR has not given clear enough guidance on how applicants are supposed to demonstrate that their buildings are safe

*many applications are being rejected or delayed due to basic errors and applicants’ inability to evidence how they are considering elements of fire and structural safety, which reflects poorly on the construction industry

*many construction products don’t have relevant product standards, leaving them entirely unregulated

*difficulties in local authority funding and the introduction of regulation have left an ageing workforce of building inspectors wherein it’s a struggle to meet demand

*despite these skills shortages, smaller works such as bathroom renovations in high-rise buildings are being subject to the scrutiny of the BSR’s hard-pressed multidisciplinary teams (MDTs)

Further, the report is calling on:

*the BSR to give greater guidance to its MDTs on how compliance with the Building Regulations should be evidenced and assessed to ensure greater consistency

*the Government to remove smaller works from the BSR’s Building Control approval processes or introduce a streamlined approval process for them

*the BSR to allocate the same MDTs to similar buildings or projects built by the same organisation, which could improve efficiency and consistency

*the Government to provide long-term funding for the training of new building and fire inspectors

Anxiety and frustration

Baroness Taylor of Bolton, chair of the Industry and Regulators Committee, observed: “The tragic loss of 72 lives due to the Grenfell Tower fire laid bare the urgent need to reform building safety regulation in England, particularly so for high-rise buildings. The introduction of the Building Safety Regulator was a necessary and welcome step.”

Baroness Taylor continued: “However, the scale of the delays caused by the BSR has stretched far beyond the regulator’s statutory timelines for Building Control decisions. This is unacceptable. We welcome the fact that the Government and the BSR are now acting to try and make practical improvements, but this will not address the anxiety and frustration that residents and companies have experienced.”

Further, Baroness Taylor noted: “It doesn’t improve safety to delay vital remediation and refurbishments, nor to deter the delivery of new housing in high-rise buildings. We expect to see further action from the Government and the BSR to ensure that construction projects in high-rise buildings can be brought forward more quickly and without compromising on vital safety improvements.”

BSR response

The BSR has issued a response to the report through the Health and Safety Executive (HSE). It states: “We recognise that Building Control applications have been taking too long to process. Since the Committee began its hearings in the summer, we have made significant changes to speed up decision-making with a focus on new build and cladding remediation applications. These changes include the introduction of a new Innovation Unit, batching processes and account managers to improve communication with applicants.”

The statement continues: “These improvements are helping to increase industry confidence and, in the 12 weeks to 24 November, enabled construction to proceed on over 11,000 new homes. We also saw a 73% approval rate for new build decisions during that time, demonstrating that changes introduced are beginning to work.”

Further, the statement – issued through the Engagement and Policy Division at the HSE – reads: “Making sure buildings with dangerous cladding are remediated quickly is also a priority and will be the focus of our new Remediation Enforcement Unit, which will begin working on cases in the New Year.”

In conclusion, the HSE comments: “The Committee’s recognition that the BSR has successfully driven a ‘crucial cultural shift’ towards safer homes is a welcome endorsement of the new regime. We remain firmly committed to being a proportionate and enabling regulator that works alongside the construction sector to protect residents and deliver safe buildings in support of the Government’s housing targets.”

*Read ‘The Building Safety Regulator: Building a Better Regulator’ online