Following the events of Grenfell, the government took the decisive action to create the Building Safety Act in 2022, marking a significant step to prioritise residential safety.
The Act introduces several new requirements, ultimately aimed at improving the safety of buildings and those who live in them. Key among these is the safety case report, a necessary measure for ensuring comprehensive documentation of building safety protocols and evidence of good building management.
All occupied residential high-rise buildings have a Principal Accountable Person (PAP) which is an individual or organisation ultimately responsible under Building Safety. The Principal Accountable Person (PAP) is mandated to compile a detailed safety case report, ready for submission to the Building Safety Regulator (BSR) from April 2024. The report covers a variety of elements and contains information used for the safety management of the building focusing on two key risks:
- The risk of fire spreading
- The structural safety of the building
From April 1st 2024, the Building Safety Regulator has started the process of inviting PAPs to submit their safety case report as part of the Building Assessment Certification application. The submission timeline is structured in tranches, determined by the Regulator, based on risk assessments of height, number of units in the building, any known issues such as external wall remediation programme or cladding and compartmentation issues.
The BSR has published its first three-year strategic plan, committing to assess circa 40% of occupied higher risk buildings (65% of residential dwellings) by April 2026. On this basis, we have started to reach out to our clients who will likely qualify under the first tranche. These are typically buildings which fall under these qualities:
- Buildings over 30m in height and 141 units
- Buildings with known fire safety issues, such as combustible cladding
- Any buildings with concerns over structural safety of the building i.e. a balcony collapse
Given the complexities of compiling a safety case report, it’s often necessary to engage with safety consultants to undertake a gap analysis or applicability review. This employs an in-depth review of what information or documentation is needed to properly determine the risks faced by a building and could include (but is not limited to):
- External wall surveys (FRAEW)
- Maintenance records for key fire safety equipment
- Utilities details
- Layout drawings
- Original or retrospective fire strategy
- Details of the building structure
- Compartmentation surveys
Please note as the gap analysis identifies missing items, further surveys may be required.
The safety case report is a continuous document that requires regular reviewing and updating if work is carried out to manage building safety risks or if work on the building impacts the safety risks. This should be reviewed on an annual basis or following a serious incident.
Another key element to the safety case report is the resident’s engagement strategy. A core principle to the Building Safety Act is ensuring those responsible for buildings engage with residents on matters of safety. Each PAP must submit a residents engagement strategy which sets out how residents and owners over the age of 16 can be consulted on building safety decisions. The strategy should also set out the complaints process if residents want to report a safety concern relating to the fire and structural safety of the building.
HOW HML CAN HELP
We can support our clients by working with our panel of safety consultants through B-hive Property Solutions in carrying out the gap analysis to ensure that the essential building information is available. The regulator does anticipate that with existing buildings, that may have changed owner/manager several times over the years, this information may not be readily available. However, there is an expectation that the Principal Accountable Person takes reasonable steps to obtain the information.
Once the gap analysis is complete, we will work with the consultants to fill in the missing pieces of information and begin compiling the safety case report.
The safety case report is a fundamental element of Building Safety and how the Principal Accountable Person has considered the fire and structural risks associated with the building and how those risks will be managed and mitigated. It is a tool in showing that all reasonable steps have been taken to ensure the residents safety.