Building Act 1984

The Building Act 1984 is a United Kingdom statute consolidating previous legislation concerning the construction process, and the design and specifications for buildings and their component parts, and related matters, in England and Wales. The Welsh Government may make its own Building Regulations under this Act for Wales.

This Building Act does not extend to Scotland or Northern Ireland.[1] They have their own similar but differing legislation.

The Building Act permits detailed regulations to be made by the English Secretary of State and/or The Welsh Ministers (of the Senedd Cymru). The (building) regulations made under the Building Act have been periodically updated, rewritten or consolidated, with the latest and current version being the Building Regulations 2016.

More minor amendments have been issued - in 2019 & 2020 in respect of enhanced Fire Safety measures. (See new Building Regulation 7(2) that placed a urgent ban on the use of combustible materials in external walls, of high-risk buildings - over (six floors) 18m high ).

Following the horrific Grenfell Tower Fire, of 2017, in which 72 people died, in a 24-floor block of flats (without sprinklers and combustible external wall materials had been recently added to the block - for improved energy-efficiency & other building management reasons).

An independent Review into the "Building Control Laws & Building Regulations" was commissioned, by the English Government. The 'Dame Hackett Review' was publish in middle of 2018.

The English Government surveyed 1,200 recently erected "High Rise" buildings and it was found that far too many were in-fact non-compliant with the pre-2017 fire safety requirements of the English Building Regulations. The Government has now ordered many of these "dangerous" higher-risk buildings to be "remediated".

The (English) Government has asked many more 'older' high-rise building owners to examine their stock for safety risks. Some 12,000 blocks have now been reviewed.

Local Housing Authorities and Regional Fire Authorities have been instructed to ensure remediation of recently erected blocks is carried out as quickly as possible. (Source: "Fire Safety Order 2005" & the new "Fire Safety Act 2020")

The new building safety bill defines "higher-risk" (high-rise) as those blocks of flats "with 6 floors or more" or those blocks of flats "over 18m high", whichever occurs first.

On 20 July 2020, a new draft "Building Safety Act" was published, for public consultation. When this in enacted into statute law, which is expected in 2021, it will greatly alter the scope and remit of the existing Building Act 1984.

The new law (Act) heavily amends and extending the "Building Act 1984" and for example, abolishes "Approved Inspectors", creates a single state register for all "building control inspectors" (with 'legal duties' now being at the individual & personal level of professional & legal responsibility), creates a new national Building Safety Regulator (BSR).

The Act creates several new "criminal" offences - including one of impersonating a "registered building control inspector".

The Act creates new "Building Control Authorities" - initially at the "district" or "unitary" local authority level.

The Act confirms the new national Building Safety Regulator will be a "Building Control Authority" for all "higher-risk" buildings. (Residential buildings with two or more flats over 18m high)

The National Regulator will be the sole "Building control Authority" for 'higher-risk' (high-rise) buildings. All existing and under construction, "higher-risk" (high-rise - over 18m high) buildings are to be transferred to the "National Building Safety Regulator" jurisdiction.

All "higher-risk" buildings will have to register with the BSR and prove (over the whole-lifetime of the building) that they are still safe to use & occupy and monitor the "higher-risk" building's fire & structural safe features and systems, to keep this safety case registered with the national Regulator (for England). Periodic re-registration (with the BSR) will be required for all high-risk buildings.

The new law will also alter the "Architect Registration Board's" operational rules to require all 'architects' to undertake annual CPD and competency training for the whole of the "practising career".

Developers, Designers and Contractors will no longer be able to choose their "regulator".

The national regulator will also have powers to test and/or ban any building material or building product, which it knows is "unsafe" or "non-compliant" with the "requirements of the Building Regulations". The national regulator will also have powers to require all claims made about the performance or nature of a building product or material to be truthful and supported by 'up-to-date' scientific testing.

Source: "draft Building Safety Bill" - https://www.gov.uk/government/publications/draft-building-safety-bill - (Accessed 20.07.2020)

The devolved Welsh Government, (the Senedd cymru) has welcomed the (English) draft Building Safety Bill, and will legislate for it to apply (with some welsh amendments) to future building work within the nation of Wales.