Important Update: Building Safety Regulator Pauses Work on 50 Higher-Risk Projects

The Building Safety Regulator (BSR) has issued an update that is likely to impact RICS members in a number of fields, and the construction industry as a whole.

Work has been immediately suspended on more than 50 building projects, following the compulsory liquidation of the private registered building control approver AIS Surveyors.

While those directly affected will be aware of the suspension of their projects, this immediate and substantial increase in the BSR’s workload is likely to cause delays across the wider profession.

The suspended projects are those categorised as higher risk. These include:

• high rise buildings spanning at least seven floors or reaching at least 18 metres in height.
• two residential units, or care homes and hospitals.

In light of AIS Surveyors’ liquidation, and the greater level of scrutiny required on these projects, the regulator is forced to intervene by validating applications on the affected projects before construction work can continue.

BSR has also highlighted issues relating to Assent BC, another private building control service provider, which may further impact its service delivery.

The BSR has communicated these issues directly to the parties involved, and further details were published in a Construction News article on 18^th June 2024.

To support RICS members during this potentially challenging period, we have provided a summary of the situation and some advice for those impacted below:

Key Details:

• Scope of suspension: The pause affects specific “in flight” projects which were going through approvals with the private building control company prior to the new legislation coming into force in October 2023.  Affected projects will need to apply to the HSE / BSR and stop work until they have validated applications.

• Impact on wider profession: The capacity of the BSR (and associated supporting registered building control approvers RBCA) will be reduced with immediate effect whilst they process and prioritise applications for these “in flight” projects, to help mitigate increased project timelines and budgets.

RICS Surveyors should consider how this may affect them, their clients, or others owed a duty of care:

1. Project Review: Identify whether any of your ongoing or upcoming projects fall under the high-risk category as defined by the BSR.  Review all project timelines to identify the potential impact of reduced BSR and RBCA capacity on projects.
2. Compliance Check: Ensure all documentation and building safety measures meet the current regulatory requirements.  Support the building control profession by ensuring high competence in design work with compliant submissions. Prepare for potential inspections or reviews by the BSR, RBCAs and individual registered building inspectors (RBIs).
3. Client and stakeholder communication: Proactively inform your clients and stakeholders about the suspension and its implications. Discuss revised timelines and any necessary adjustments to project plans with the project team.
4. Stay Informed: Keep abreast of updates from the BSR and other relevant authorities. Timely information will be crucial in navigating this regulatory landscape. Subscribe to the free BSR eBulletin: https://www.hse.gov.uk/building-safety/regulator.htm.

We understand that this pause might present challenges and disruptions for members. However, it is a necessary step to ensure the safety and integrity of our built environment, and RICS supports the BSR with its important work.

RICS is available for both members and the public throughout any disruption. We encourage the wider profession to be understanding of the unique stresses in the registered building inspector/building control sector at this time of significant, legislative, and procedural change.

We encourage members to put any questions to RICS via myRICS community.  We are committed to supporting our membership through these changes and ensuring that our practices align with the highest safety standards. For regular news and updates on building safety please see the RICS Building Safety Act Information Centre and Frequently Asked Questions.

Update 7^th August 2024

The Construction Leadership Council (CLC) and the Building Safety Regulator (BSR) have held talks regarding the backlog and delays in building control applications. We understand further resources will be made available by the BSR, who have experienced a higher than expected number of HRB applications. They also cite a high number of applications which are incomplete or are unclear, making them unsuitable for approval.

For full details, see this link.

Article updated 07 August 2024