The Health and Safety Executive details new enforcement policy

The Health and Safety Executive (HSE) has recently detailed its Enforcement Policy Statement (EPS) for the newly established Building Safety Regulator (BSR), highlighting its regulatory functions and enforcement approach.

Published in December 2023, the EPS delineates the BSR’s enforcement methods, especially in situations involving non-compliance, hazards, or significant risks.

This development follows the BSR’s establishment as the building control authority for high-rise residential buildings, with a focus on a range of enforcement actions.

Enforcement actions and responsibilities outlined

The enforcement actions encompassed by the BSR include issuing written information on legal breaches, verbal warnings, demands for improvements in risk management, actions to rectify non-compliance, cessation of hazardous activities, recommendations and prosecutions for serious legal breaches, and the appointment of special measures managers for failing higher-risk buildings.

Additionally, the BSR’s role extends to regulating the building control profession, involving local authorities, registered building control approvers, and individual registered building inspectors.

The BSR’s powers include making disciplinary orders, varying or cancelling registrations, imposing financial penalties, prosecuting criminal offences, issuing improvement notices, and issuing serious contravention notices.

Building Safety Act 2022 and its implications

The Building Safety Act 2022, effective from October 2023, introduced a more stringent regulatory regime for buildings classified as ‘higher-risk’, typically those at least 18 metres or seven storeys high containing two or more residential units.

The Act’s passage followed recommendations from Dame Judith Hackitt’s 2018 ‘Building a Safer Future’ report, commissioned in response to the Grenfell Tower fire.

The BSR, a part of the HSE, will oversee safety standards across all buildings, focusing on higher-risk structures to promote industry competence in building design, construction, and management.

New offences and powers under the act

The Act introduces several new criminal offences, such as obstructing or impersonating a BSR officer, providing false information, failing to register higher-risk buildings, and allowing occupation without a completion certificate.

It empowers the BSR to issue compliance and stop notices during the design and construction phase of higher-risk buildings to address non-compliance.

These measures aim to prevent dangerous work from continuing, with failure to comply constituting a criminal offence.

The overarching goal is to ensure compliance with the Act, drive positive industry change, and elevate building safety as a primary concern.

IFSJ Comment

The introduction of the new enforcement policy by the Building Safety Regulator marks a pivotal shift in the UK’s approach to building safety.

The comprehensive nature of the enforcement actions and the introduction of new offences under the Building Safety Act 2022 signify a rigorous and proactive stance towards ensuring higher safety standards in building construction and management.

This policy is likely to have far-reaching implications for the building industry, necessitating heightened compliance and accountability.

As the policy takes effect, it will be crucial for industry professionals and stakeholders to adapt to these new regulations to ensure the safety and well-being of residents and the broader community.