REGISTERS
[PAGE REGULARLY UPDATES - BUILDING SAFETY ACT 2022 + PAS 867#]
Building Safety Act 2022
The Building Safety Act 2022 enacted with provisions intended to secure the safety of people in or about buildings and to improve the standard of buildings
The Parts:
Part 2 ─ contains provision about the building safety regulator and its functions in relation to buildings in England
Part 3 ─ amends the Building Act 1984
Part 4 ─ is about occupied higher-risk buildings in England, and imposes duties on accountable persons
Part 5 ─ contains further provisions, including —
(a) ─ provisions about remediation and redress;
(b) ─ provision requiring a new homes ombudsman scheme to be established;
(c) ─ powers to make provision about construction products;
(d) ─ further provision about fire safety;
(e) ─ provision about the regulation of architects;
(f) ─ provision about housing complaints
Part 6 ─ contains general provisions
PAS 8670 Framework
The new Building Safety Regulator (BSR) has been established in England to oversee the safe design, construction and occupation of higher-risk buildings (HRBs). While the establishment of the BSR in England is intended to oversee a new, more stringent regime for HRBs, it also aims to drive improvements in building safety and performance in all buildings.
As part of the regulatory transformation there is a requirement for two safety-critical roles, namely the Principal Designer and Principal Contractor, with building safety responsibilities. These dutyholders are required to have the necessary skills, knowledge, experience, and behaviours for the role, alongside any sector-specific competences.
Essentially, these dutyholders require an overarching understanding of all aspects of building safety, and individuals carrying out the Principal Contractor role are expected to demonstrate they have the appropriate competence to:
a) interrogate design and construction activity;
b) challenge the quality of work and bad practices; and
c) identify major hazards and minimize the risk to safety during building use.
The Built Environment Competence Standards work programme
BSI, sponsored by DLUHC and working with HSE and the sector, has spent two years developing a new suite of building safety standards covering competence in the built environment to support the new Building Safety regime.
The Built Environment Competence Standards (BECS) work programme ran from 2020-2022 and its output includes:
A framework standard, BSI Flex 8670, setting core criteria for building safety competence frameworks;
Three PAS documents setting out requirements for two Dutyholder roles [statutory roles marked ◙] and for those who manage,
◙ Principal Designer (PAS 8671:2022 )
This PAS specifies competence thresholds that individuals are expected to meet when delivering or managing the dutyholder functions of the Principal Designer role, and additional competencies for working on higher-risk buildings (HRBs)
◙ Principal Contractor (PAS 8672:2022), and
This PAS specifies competence requirements for the role of Principal Contractor. It also describes specific competencies common to all Principal Contractors and those which are additional for those undertaking the role on HRBs
for those responsible for the management of safety (PAS 8673:2022);
This PAS specifies competence requirements for the management of safety in residential buildings and other developments incorporating residential accommodation. It also gives guidance on detailed competencies and the assessment of competence ─ and goes beyond the requirements of the Building Safety Act 2022 (the Act). The PAS guidance only relates to the elements in the Act, so is only applicable to those managing building safety risks (defined as the spread of fire and structural failure1) in HRBs across England
The Act requires every in-scope HRB (buildings at least 18 metres in height or at least 7 storeys with at least two residential units) to have principal accountable persons (PAP) or accountable persons (AP) to take responsibility for the building. PAPs or APs can be an entity or person.
When buildings have a single AP, that is the PAP. If the building has more than one AP, the AP responsible for the structure and exterior of the building will be the PAP
A new BSI technical committee, CPB/1 Competence in the Built Environment, to manage standards output.
The PAS sets the thresholds of competence duty holders are expected to meet and informs the creation of domain-specific competence frameworks but is not one itself.
The Institute of Construction Management is developing domain-specific competence frameworks to agree the learning pathways, validation methods (including the required standards of evidence to support validation), and terms and conditions of certification and revalidation that are suitable for their particular cohorts.
For the purposes of demonstrating their competence to be considered by appointing clients to work as Principal Designers, individual designers are advised to consider obtaining accredited independent assessment and certification by The Institute of Construction Managers which is aligned to the PAS to verify their competence.
Who are the building safety competence standards for?
- The suite of standards is applicable to those working on new and existing buildings of all types and scale across the design, build, and management life cycle;
- The standards are applicable to individuals not organizations;
- BSI Flex 8670 is applicable to those developing or updating sector or sub-sector competence frameworks to ensure a harmonised approach to competence across the sector; and
- The PAS documents are for use by:
– those carrying out a specific role or function (i.e. Principal Designer, Principal Contractor, managing safety)
– those assessing the professional’s competence
How is building safety competence standardised?
BSI Flex 8670 sets out core criteria for competence including:
- Building safety aspects
a) Fire, structural and public safety;
b) Managing building safety;
c) Knowledge management and communication; and
d) Buildings as systems, building systems, products and materials.
- Behaviours
a) Act ethically;
b) Demonstrate leadership;
c) Manage competence;
d) Demonstrate personal responsibility; and
e) Respect duty of care to others.
Principal Designer competence?
PAS 8671:2022 provides requirements based on the recommendations and core criteria set out in BSI Flex 8670 with regards to:
- roles and responsibilities;
- skills, knowledge and experience;
- behaviours and ethics;
- additional competences for higher-risk buildings (HRBs); and
- limits of competence.
Principal Contractor competence?
PAS 8672 provides requirements based on the recommendations and core criteria set out in BSI Flex 8670 with regards to:
- roles and responsibilities;
- skills, knowledge and experience;
- behaviours and ethics;
- additional competences for higher-risk buildings (HRBs); and
- limits of competence.
It also describes competences common to all Principal Contractors and those which are additional for those undertaking the dutyholder’s role of Principal Contractor on HRBs.
Is a single Principal dutyholder is expected to know everything?
No sole individual can be expected to possess the full range of competences given the breadth and complexity of building works. However, Principal Contractors are expected to have sufficient technical expertise for ensuring building safety, compliance with building regulations and the quality of work by others under their responsibility and, the Principal Designer role may be appropriately undertaken organisationally too.
Principal duty holders are also expected to possess managerial expertise that enables them to effectively liaise with all others undertaking any project or supplying building work, materials/products or services for buildings. Being able to manage the information flows throughout the project through to the building’s end-users is critical to achieving compliance with building regulations so that all buildings are safe and perform throughout their lifetime.
How do I demonstrate competence in the Principal Designer role?
PAS 8671:2022 provides advice and guidance on education, training and competence assessment. The Institute of Construction Management has its own existing professional and technical training and competence framework standards for building professionals, which are constantly reviewed and updated to reflect the full range of competences required; the developing secondary legislation when it is enacted; and, caselaw and precedent when it is determined through the courts.
How do I demonstrate competence in the Principal Contractor role?
PAS 8672 Annex A provides advice and guidance on education, training and competence assessment. The standard is not intended to replace existing professional and technical training or competence frameworks for building professionals, but it does recommend that these are reviewed and updated to reflect the full range of competences required.
Which organisations can carry out assessments of Principle Dutyholders?
Third-party assessment and validation of Principal duty holders can be provided by organizations that are qualified for this purpose either through their constitution and codes of conduct or through accreditation by a regulated body. The Institute of Construction Management is a professional membership body originally founded in 1842 with independence and standards of conduct open to scrutiny.