Building Safety Regulator publishes Enforcement Policy Statement
The Building Safety Regulator's enforcement policy statement details how it will enforce the building safety regime.
The policy statement sets out the BSR's approach to enforcement and action to enforce the law when non-compliance, hazard or serious risk during the building or alteration and management of higher-risk buildings have been identified.
When acting as a Building Control authority for higher-risk buildings, the BSR can serve the following enforcement notices:
- a compliance notice when a duty holder contravenes or is likely to contravene a provision of building regulations
- a stop notice can be served when building work contravenes a provision of building regulations and the use of the building would present a risk of serious harm to people in or around the buildings, or where work is taking place without building control approval, or a compliance notice has been contravened
- a notice requiring alteration or removal of offending work where building work contravenes a provision of building regulations
When regulating occupied higher-risk buildings, the BSR can:
- serve a compliance notice on an accountable person when it appears to the regulator that there is a contravention that requires action to be taken within a certain time period - if the contravention places people in imminent danger, the regulator can specify that the contravention notice is an urgent action notice
Failure to comply with any of these enforcement notices is a criminal offence and can result in prosecution. The BSR can also apply to a tribunal to appoint a special measures manager for an occupied higher-risk building. This action will be considered where the accountable person is repeatedly failing to manage building safety risk, is taking no action to comply with duties, and residents are put at risk of serious harm. This action can be taken in addition to prosecution.
Under the Building Safety Act 2022, the BSR is also responsible for regulating the building control profession. The BSR can:
- make disciplinary orders
- vary, suspend or cancel registration for RBCAs and RBIs; and/or
- impose financial penalties on RBCAs and RBIs
- prosecute criminal offences relating to registration and the OSRs
- issue an improvement notice to a LA or RBCA if it appears they have contravened the OSR
- issue a serious contravention notice to a LA or RBCA if it appears that either the OSRs have been contravened and, as a result, the safety of persons in or about building has been, or may have been, put at risk; or they have been given an improvement notice and failed to remedy the contravention(s) contained within that notice
- recommend to the Secretary of State a transfer of a LA’s building control functions to another LA or the Secretary of State
The Enforcement Policy Statement can be found in full here
This article appears on the CIAT news and blog site as "BSR publishes Enforcement Policy Statement" dated December 8, 2023.
--CIAT
[edit] Related articles on Designing Buildings
- AT Building Safety Hub.
- Building Safety Alliance.
- Building safety certificate.
- Building Safety Regulator.
- Chief inspector of buildings.
- CIC response to Hackitt report.
- Consultation on banning the use of combustible materials in the external walls of high-rise residential buildings.
- Grenfell Tower articles.
- Grenfell Tower Fire.
- Grenfell Tower independent expert advisory panel
- Grenfell Tower industry response group.
- Grenfell Tower Inquiry.
- Grenfell Tower working group.
- Hackitt review of the building regulations and fire safety, final report.
- ICE Grenfell Tower review.
- Independent review of the building regulations and fire safety.
- Joint Competent Authority.
- Reform of building safety standards.
- Sweeping building safety measures announced.
- The Building Safety Bill and product testing.
- The Construction Industry Council summarises what to expect from the Construction Products Regulations.
Featured articles and news
What it is and how to use it.
Investors in People: CIOB achieves gold
Reflecting a commitment to employees and members.
Scratching beneath the surface; a guide to selection.
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.
UK gov apprenticeship funding from April 2024
Brief summary the policy paper updated in March.
For the World Autism Awareness Month of April.
70+ experts appointed to public sector fire safety framework
The Fire Safety (FS2) Framework from LHC Procurement.
Project and programme management codes of practice
CIOB publications for built environment professionals.
The ECA Industry Awards 2024 now open !
Recognising the best in the electrotechnical industry.
Sustainable development concepts decade by decade.
The regenerative structural engineer
A call for design that will repair the natural world.
Buildings that mimic the restorative aspects found in nature.
CIAT publishes Principal Designer Competency Framework
For those considering applying for registration as a PD.
BSRIA Building Reg's guidance: The second staircase
An overview focusing on aspects which most affect the building services industry.
Design codes and pattern books
Harmonious proportions and golden sections.
Introducing or next Guest Editor Arun Baybars
Practising architect and design panel review member.