Small firms “overwhelmed” by new building safety regime

A lively panel session informed by new research from the Building Engineering Services Association (BESA) debated the need for more targeted information about the Building Regulations, stronger enforcement and sector-specific training to overcome the barriers to compliance reported by the SMEs and micro-businesses that comprise 99% of the construction sector and its related professions.

Rachel Davidson (BESA’s director of specialist knowledge) informed the attendees at London’s Olympia that 88% of the industry’s professionals are aware of the Building Safety Act, but most SMEs find the legislation to be “overwhelming and daunting” and feel “left behind”. Davidson asserted: “This is critical because those companies are the lifeblood of the industry. There are also many people who still think the legislation only applies to higher-risk buildings.”

The BESA’s second annual survey of the sector’s response to the legislation also shows that many clients are carrying on with ‘business as usual’, meaning that they continue to prioritise cost and speed over safety. “A lot of this comes back to leadership and culture,” suggested Davidson. “78% of companies tell us that this is important to them, but fewer than half report having taken enough action.”

Enforcement of the legislation

Davidson stated that building engineering contractors are increasingly calling for clear and consistent enforcement of the legislation. “Unless there are consequences, clients will continue to think compliance is optional.”

Davidson added that the BESA is delivering more guidance to help firms see “what good looks like” in their sector. “It’s also important to reassure people that they don’t need to know or understand everything about the Building Safety Act. Rather, they should focus on the parts they can control and their specific roles and responsibilities.”

Fellow panellist Hannah Carpenter from the Building Safety Wiki said the communication challenge is enormous due to the size and diversity of a sector that employs 2.6 million individuals. Carpenter said the message would need to go beyond compliance to address behaviour and encourage people to take pride in their work.

“We need to be innovative about how we communicate and appeal to personal values because that’s going to be more effective than continually talking about regulation,” outlined Carpenter. “Making sure that 2.6 million people pull in the same direction is a huge challenge. We need to ask why we are doing this [which is] to keep people safe and make sure the Grenfell tragedy cannot happen again. That means talking about ‘purpose’. People should want to make a difference. This cannot be about ticking boxes.”

Carpenter called for greater use of “non-traditional communication routes” and partnering with organisations like His Majesty’s Revenue and Customs, where there are strong connections to individuals and small construction businesses.

Signs of progress

According to Hertfordshire Building Control’s CEO Gary Cass, there were definite signs of progress at the top of companies, but imparting the message about improving behaviour and doing the right thing further down the work chain will take longer.

On planning, Cass said the new team running the Building Safety Regulator has already made rapid progress on reducing the backlog at Gateway 2 for higher-risk buildings with the average time for a submission now taking 17 weeks. The timescale was at a high of 38 weeks earlier this year.

Cass said the Building Safety Regulator had been “very honest” about its failings and was now moving in a more positive direction, but the success of its mission will rely on closer collaboration with the industry.

“The industry needs more education about the Building Regulations,” noted Cass. “People need to be looking at compliance and focus on what’s required in the regulations, not guidance. Building Control officers are regulators first and foremost, but industry practitioners used to rely on them to guide them through the process. Now, the industry needs to be educated [about how the new process works].”

Cass added that enforcement could be conducted “in a positive way” and should not just be about taking legal action. However, the number of Building Control officers has plummeted, leaving the industry with a serious resource problem, including a significant shortage of experienced building inspectors.