The government has taken significant steps to enhance building safety regulations to ensure the safety of residents and occupants. Key updates and developments include the government establishing a robust regulatory regime, centred around the newly formed Building Safety Regulator (BSR), to ensure the safety of buildings. In doing so there have been recent changes in statutory guidance on fire safety which include:

• a ban on combustible materials for residential buildings, hotels, hospitals, and student accommodation above 18 meters in height
• additional guidance for residential buildings between 11 meters and 18 meters
• a lower threshold for sprinkler systems in new apartment buildings, reduced from 30 meters to 11 meters
• requirement for wayfinding signage for firefighters in residential buildings above 11 meters
• Mandatory Evacuation Alert Systems for residential buildings over 18 meters and Secure Information Boxes (SIB) for new residential buildings over 11 meters.

Second staircases in higher risk buildings

The new guidance will require the inclusion of second staircases in residential buildings in England above 18 meters, aligning with expert recommendations and international standards.

As part of transitional arrangements developers will have 30 months after the publication of the updated guidance to choose between following existing guidance or the new requirement for second staircases. After this period, all applications must conform to the new guidance.

In relation to projects that are currently under construction; approved applications that do not comply with the new guidance will have 18 months to initiate construction according to the old guidelines; otherwise, they must submit a new application based on the updated requirements.

In relation to matters concerning the safety of existing buildings; existing single-staircase buildings, when built in accordance with relevant standards and properly maintained, are considered safe. Lenders, managing agents, insurers, and other stakeholders should not impose additional requirements on these buildings.

It is important to note that buildings over 18 meters are subject to enhanced scrutiny through the new building control gateways and planning gateway one, ensuring their fire safety arrangements are thoroughly assessed.

Building Safety Act 2022

The new regulations introduced under the Building Safety Act 2022 (BSA 2022) which took effect starting from October 1, 2023 provide that these regulations are applicable to both buildings that are already occupied and those currently under construction. For buildings that fall under this new regime and are considered "completed" after October 1, 2023, registration is mandatory before occupancy.

Under these updated rules, the BSR will be responsible for making all regulatory decisions related to the design and construction of High-Risk Buildings (HRBs) before they are occupied. The criteria for identifying an HRB at the design and construction phase are outlined in Part 3 of the BSA 2022 and are generally similar to those used for buildings that are already occupied, with the inclusion of care homes and hospitals at this stage.

It is essential to obtain building control approval from the BSR before commencing construction on an HRB. Specific transitional arrangements may apply to HRBs that are still under construction or where construction has not yet begun. To qualify for these transitional arrangements, an initial notice must be submitted to the local authority (without rejection) or full plans must be submitted (without rejection) by October 1, 2023.

To remain under the previous regulatory framework, construction on the HRB must have made sufficient progress (e.g., the placement of permanent foundations must have started) by April 6, 2024. After project completion, the HRB will then be subject to the occupational requirements outlined in the BSA 2022, as applicable.

The BSR is actively working on design details for Approved Document B, with further announcements to follow soon. These developments and transitional arrangements aim to provide confidence to developers and the market to continue constructing high-quality homes while prioritising safety and compliance with updated regulations.

How Capsticks can help

Our housing and regeneration team, one of the largest in the country, advises on all types of development transactions from forward funded schemes, section 106 developments and stock rationalisations to plot sales and general asset management work. We are experts on all aspects of construction dispute resolution and health and safety matters.

If you have any questions around what is discussed in this insight, please contact Wilton Thomas or Spencer Vella Sultana.