Screen Reader Mode Icon Check SCREEN READER MODE to make this survey compatible with screen readers. MHCLG Building Safety Regime Consultation Comments Question Title * 1. Please enter you details Name Company Address Address 2 City/Town County Postal Code Email Address Phone Number OK Question Title * 2. In-Scope Buildings:Chapter 2 Defines the Scope and explains the risk-based process that has helped make its decision to only include HMO’s and Residential buildings above 18 meters or over. Later or immediately, other complex buildings such as, Supported/sheltered housing and non-residential halls of residence. Q. 1.1. Do you agree/ that the new regime should go beyond Dame Judith’s recommendation and initially apply to multi-occupied residential buildings of 18 metres or more (approximately 6 storeys)? Please support your view. Q. 1.2. How can we provide clarity in the regulatory framework to ensure fire safety risks are managed holistically in multi-occupied residential buildings? Q. 1.7. On what basis should we determine whether some or all categories of supported/sheltered housing should be subject to the regulatory arrangements that we propose to introduce during the occupation stage? Please support your view. Q. 1.8. Where there are two or more persons responsible for different parts of the building under separate legislation, how should we ensure fire safety of a whole building in mixed use? Please enter you additional comments or include additional questins and your responses you feel should be included. OK Question Title * 3. Accountable PersonThe Duty Holder - responsible for ensuring that building safety risks to occupants are reduced so far as is reasonably practicable. The introduction of an Accountable Person (an office not a person) who is responsible for the management, repairs and occupation, this may be more important for private residential building where ownership and management can be unclear, but we have seen Local authority owned buildings being managed by arm’s length managing agency, who manage the occupancy and general repairs to the flats and communal areas, but major capital works still the responsibility of the LA, has this caused ambiguity? Ensuring all actions undertaken during the lifespan of the building in under one office of responsibility is a good idea. Have a general duty to promote building safety and the safety of persons in and around the building.Do you agree with having an accountable person, do you see any problems and why should this not include existing building and have a duty to promoting safety? (Q3.5 - Q3.7 & Q4.19) Q. 3.5. Do you agree with the proposed approach in identifying the accountable person? Please support your view. Q. 3.6. Are there specific examples of building ownership and management arrangements where it might be difficult to apply the concept of an person? If yes, please provide examples of such arrangements and how these difficulties could be overcome. Q. 3.7. Do you agree that the accountable person requirement should be introduced for existing residential buildings as well as for new residential buildings? Please support your view. Q. 4.18. Should one of the building safety regulator’s statutory objectives be framed to ‘promote building safety and the safety ofpersons in and around the building’? Please support your view. Q. 4.19. Should dutyholders throughout the building life cycle be under a general duty to promote building safety and the safety of persons in and around the building? Please support your view. Please enter you additional comments or include additional questins and your responses you feel should be included. OK Question Title * 4. Building Safety ManagerResponsible Person - The building safety manager would be appointed by the accountable person and would carry out the day to day functions of ensuring that the building is safely managed and maintained, including engaging residents and overseeing safety works, and others employed in management, maintenance or checks of the building.A building safety manager would be required to carry out their functions in accordance with the requirements in the building safety certificate and the safety case, and the accountable person would be required to register them with the building safety regulator as the building safety manager for the building(s) in which they are operating.• Ensuring that those employed to maintain and manage the building have the necessary skills, knowledge and experience;• Maintaining information management systems to facilitate safe management of the building;• Maintaining the safety case for the building so that risks are proactively identified and mitigating measures put in place and maintained;• Ensuring that necessary and appropriate building remediation is undertaken to ensure that the conditions set out in the building safety certificate are met;• Engaging residents in safe management of their building through a Resident• Engagement Strategy that includes routes of escalation for resident concerns;• Ensuring that fire risk assessments for the whole building are undertaken and reviewed regularly and any recommendations are undertaken in a timely manner; and• Being responsible for reporting mandatory occurrences to the building safety regulator.But if where the building safety manager is no longer suitable by reason of their conduct, we propose a default position through which the building safety regulator would appoint an independent building safety ma ager. This will help to safeguard building safety and ensure that the occupants of the building can be kept safe. All cost accrued will be charged to the Accountable Person.In response to Q3.9 - Q3.16, Do you agree with the role, what competencies should they have, and do you think the regulator should have the power to remove them and appoint their own. In response to Q4.17, How can a Qualification/competence be shown and should that person be registered on a Third-Party register? Q. 3.9. Do you agree with the proposed duties and functions of the building safety manager? Please support your view. Q. 3.10. Do you agree with the suitability requirements of the building safety manager? Please support your view. Q. 3.11. Is the proposed relationship between the accountable person and the building safety manager sufficiently clear? Please support your view. Q. 3.12. Do you agree with the circumstances outlined in which the building safety regulator must appoint a building safety manager for a building? Please support your view. Q. 3.13. Do you think there are any other circumstances in which the building safety regulator must appoint a building safety manager for a building? Please support your view with examples. Q. 3.14. Under those circumstances, how long do you think a building safety manager should be appointed for? Q. 3.15. Under what circumstances should the appointment be ended? Q. 3.16. Under those circumstances, how do you think the costs of the building safety manager should be met? Please support your view. Q. 4.17. Do you agree that the enhanced competence requirements for these key roles should be developed and maintained through a national framework, for example as a new British Standard or PAS? Please support your view. Please enter you additional comments or include additional questins and your responses you feel should be included. OK Question Title * 5. Safety CaseThe safety case goes further than a full fire risk assessment of a building and the HHSRS undertaken in each property and be scrutinised the building safety regulator before a building certificate is issued.It is proposed to consider: • Provide the necessary information, in a structured way, concerning the hazards affecting the building;• Be an argument that goes beyond a risk assessment and demonstrates that fire and structural risks, and any measures in place to manage those risks, are being managed so far as is reasonably practicable;• Be supported by a body of appropriate evidence;• Use plain language (to facilitate communication with those who need to understand the safety systems in buildings); and• Be kept under constant review.The safety management system for a new building that includes:• A comprehensive description of the building – including information on preventive measures and protective systems.• An understanding of the life-critical risks (for fire and structural safety) and evidence how they are proactively and proportionally managed for safe occupation• Management structure employed:• Evidence of through regular inspection, reviews and maintenance of the building• Evidence of continuous improvement over time, i.e. a living document that references the most up-to-date versions of supporting evidence (including records of changes, e.g. to the technical data pack)• Mandatory occurrence reporting (see Part C)• Emergency preparedness (akin to a business continuity plan), so that appropriate actions are taken to mitigate hazards and minimise incidents (by 53 avoiding hazards altogether, reducing the frequency or reducing the consequences of hazards being realised)• Evidence that legislation, requirements, standards and policies applicable, have been met or complied with• Reference to other documents, such as a Resident Engagement Strategy, a Fire and Emergency File and any relevant structural or fire safety inspections, and other appropriate documents.With Safety Cases for an existing (occupied) buildingThe above will be more complex for many existing buildings where information on the building or the safety systems within it might be limited, absent entirely or very expensive to obtain. Therefore, where information is not available and cannot be collected, the accountable person will need to explain why this is reasonable and what steps they have taken in mitigation against the (potentially unknown) risks, so far as is reasonably practicable.This includes the decision to undertake intrusive survey as a first step to build an accurate record to support the safety case. This could include destructive inspection and testing, such as a Type 4 fire risk assessment, which looks at the fire and structural risks. The scope of any inspection needs to be relevant to the nature of the premises and the amount known in respect of the structural protection so that the accountable person has the assurance that it provides information as to the risks that are inherent across the whole building.Please note: This is the whole of the building, including leased commercial and residential part.Once a relevant safety case has been obtained, this needs to be reviewed and updated on a regular basis and continued assessment and potentially intrusive surveys required to inspect the product that deteriorates such as cavity and fire barriers.It is expected that the registration will be reviewed every five years. We propose that this will also trigger a formal review of the safety case by the building safety regulator.Q3.11 - 3.16 Do you agree with our proposed content, Should the ongoing assessment be more precise, how will you be able to mitigate the costs of the intrusive surveys to leaseholders. Q. 3.11. Is the proposed relationship between the accountable person and the building safety manager sufficiently clear? Please support your view. Q. 3.12. Do you agree with the circumstances outlined in which the building safety regulator must appoint a building safety manager for a building? Please support your view. Q. 3.13. Do you think there are any other circumstances in which the building safety regulator must appoint a building safety manager for a building? Please support your view with examples. Q. 3.14. Under those circumstances, how long do you think a building safety manager should be appointed for? Q. 3.15. Under what circumstances should the appointment be ended? Q. 3.16. Under those circumstances, how do you think the costs of the building safety manager should be met? Please support your view. Please enter you additional comments or include additional questins and your responses you feel should be included. OK Question Title * 6. Building Safety CertificatesThe accountable person will be required by law to register with and obtain a building safety certificate for their building from the building safety regulator. It would be a criminal offence for a person having control of a building in scope not to make a valid application for its registration.This will be for the whole of the building an is proposed to include;Identify the accountable person, the building safety manager, and the obligations (conditions) for ensuring the building is safe for residents.Building safety certificate to be displayed in a prominent part of the common parts of the building and be valid for 5-years.Q3.17 - Q3.21 Do you agree with the Building Safety Certificate, that it should be displayed and the 5 year-lifespan. Q. 3.17. Do you agree that this registration scheme involving the issue of a building safety certificate is an effective way to provide this assurance and transparency? If not, please support your view and explain what other approach may be more effective. 180. A person applying to register a building with the building safety regulator will pay a fee to do so. On receipt of a valid application, the building safety regulator will need to process and determine it within a reasonable period. The building safetyregulator may require the applicant to provide additional information as it considers necessary for that purpose and may inspect the building and any parts of it. An application will not be valid if the documentation provided does notcomply with statutory requirements or if the details on proposed safety management arrangements are insufficient for the building safety regulator to decide on their suitability.181. The building safety regulator must formally consult with the proposed accountable person and the proposed building safety manager before making a final decision on whether to issue or refuse to issue the building safety certificate,following a consultation with other responsible bodies on their suitability. Q. 3.18. Do you agree with the principles set out in paragraphs 180 and 181 for the process of applying for and obtaining registration 183. The Independent Review recommended a ‘whole building’ approach, so we propose that the obligations of the accountable person under the building safety certificate should extend to all parts of the building including, for example, individual flats where they can access them, in so far as they form part of the safety system of the building as a whole and, in the case of complex buildings, parts of the building which are owned by others. The proposed duty on residents to co-operate with the dutyholder will encourage collaboration between residents and the dutyholder in adopting a whole building approach to managing the fire and structural safetyQ. 3.19. Do you agree with the suggested approach in paragraph 183, that the building safety certificate should apply to the whole building? Please support your view. 186. Voluntary conditions – These would be proposed by the accountable person as additional conditions under which they will operate to mitigate identified safety risks. These volunteered conditions will be agreed with the building safetyregulator.187. Special conditions – These will be imposed by the building safety regulator and will be specific, measurable time bound. These could be imposed as a result of an industry-wide issue or because the building safety regulator feels there arespecific risks within a building that the accountable person must act on. A special condition can include a requirement which the goes beyond that which accountable person had volunteered to do.Q. 3.20. Do you agree with the types of conditions that could be attached to the building safety certificate? Please support your view. Please enter you additional comments or include additional questins and your responses you feel should be included. OK Question Title * 7. Please note I have jumped to the residential section, this is because the interaction with the resident will change and before discussing the IT and data sharing requirements this resident engagement requirement needs to be considered.ResidentsIncrease in resident involvement:• Proactively, rather than just on request, provide residents with the information they need in a clear and accessible format so that they understand the protections that are in place to keep their building safe;• Provide residents with more detailed information on building and fire safety on request;• Engage with residents through developing and implementing a Resident Engagement Strategy. By developing a culture of resident engagement, we will ensure that residents are empowered to play an effective role in making sure that their building is, and remains, safe. This includes identifying and reporting hazards that may impact on the safety of the building and meeting their responsibilities to ensure their own safety and that of their neighbours;• Address residents’ concerns about fire and structural safety and ensure that they are resolved, with residents being able to use a clear route of escalation if their safety concerns are not being dealt with effectively.Core information which all accountable persons will be required to provide;a) Measures in place to mitigate potential fire and building safety risks to residents, e.g. fire precautions;b) How to reduce the risk of fire in individual dwellings e.g. by not storing flammable materials;c) Process for reporting a fire risk and/or raising any other safety concerns;d) Procedures to follow where a fire occurs in the building, including for evacuation;e) The different roles and responsibilities of the accountable person, building safety manager and residents;f) Key information from the Resident Engagement Strategy e.g. contact details of the accountable person and Building Safety Manager.The following information must be available digitally, in the appropriate languages and format:• Full, current and historical fire risk assessments;• Planned maintenance and repairs schedules;• Outcome of building safety inspection checks;• How assets in the building are managed, e.g. frequency of lift maintenance;• Details of preventive measures, e.g. smoke alarms;• Fire protection measures in place, e.g. sprinklers, fire extinguishers;• Information on the maintenance of fire safety systems;• The fire strategy for the building;• Structural assessments; and• Planned and historical changes to the building.Failure to provide these details or resident concerns will be allowed to be reported by then to the regulator. Resident Engagement StrategyBuilding safety manager will have to work in partnership with residents to ensure that they are involved in decisions about their building’s safety.a) A management summary setting out how the accountable person will deliver resident involvement and participation in their buildings. and their approach to communication and to measuring the success of their resident engagement;b) An engagement plan for residents setting out how the strategy will work in practice in their building, what residents can expect by way of communication and how they can get involved and raise concerns.The management summary will need to set out as a minimum: • Communicating with residents, including th Q. 5.4. Do you agree with the proposed set of requirements for the management summary? Please support your view. Q. 5.5. Do you agree with the proposed set of requirements for the engagement plan? Please support your view. Please enter you additional comments or include additional questins and your responses you feel should be included. OK Question Title * 8. Residents’ responsibilitiesThe reforms do recognise that the safety of a building includes the residents and also the need for their co-operation with potential changes to the access arrangement Residents providing reasonable information on works carried out to their property and providing reasonable access by allowing the accountable person or building safety manager to inspect and carry out necessary works (such as fitting fire alarms) or undertaking fire and structural safety-related maintenance. Where information or access is required, the accountable person or the building safety manager will provide the resident with reasonable notice.This is not uncommon with private residential properties, but this will include leaseholders, do you think your tenancy agreements allow for this change and how do you think you leaseholder will react?Q. 5.6. Do you think there should be a new requirement on residents of buildings in scope to co-operate with the accountable person (and the Q5.6 - Q5.8 Do you think that there should be better access to a resident property (Tenants and Leaseholder), what would be appropriate and what safeguard for residents should there be? Does this not enable better access for LGSR visits? Q. 5.6. Do you think there should be a new requirement on residents of buildings in scope to co-operate with the accountable person (and the building safety manager) to allow them to fulfil their duties in the new regime? Please support your view. Q. 5.7. What specific requirements, if any, do you think would be appropriate? Please support your view. Q. 5.8. If a new requirement for residents to co-operate with the accountable person and/or building safety manager was introduced, do you think safeguards would be needed to protect residents’ rights? If yes, what do you think these safeguards could include? OK Question Title * 9. Digital Standards (The Golden Thread)The golden thread of information should operate through the whole lifecycle of a building, from design through to occupation.Digital tools and systems to enable this information to be stored and used effectively recording the original design intent and ensuring subsequent changes to buildings are captured and preserved. The golden thread will also make information readily available, and this may include mandating BIM standard.Handover of a new building will require the acceptance of BIM or similar data and then the requirement to maintain this information during the lifetime of the building.For existing buildings in scope, the content of the golden thread will be started during the building safety registration process, and its creation and maintenance will be a mandatory condition of the building safety certificate. During the occupation stage for both new and existing buildings, the information that will be added to the golden thread will be the information required to build and evidence the safety cases.Producing a golden thread for existing buildings will take longer to implement, as information on these buildings may be difficult to find and access. We propose that compiling the key dataset should be the priority and expect to require that this be created and submitted as part of the building safety registration process.This will also require the information required to be available to the residents.Is requiring 3D models of your complex building going too far? Has your organisation the capability to manage a variety of data collection systems? Q. 4.1. Should the Government mandate Building Information Modelling (BIM) standards for any of the following types and stages of buildings in scope of the new system?a) New buildings in the design and construction stage, please support your view.b) New buildings in the occupation stage, please support your view.c) Existing buildings in the occupation stage, please support your view. Q. 4.2. Are there any standards or protocols other than Building Information Modelling (BIM) that Government should onsider for the golden thread? Please support your view. Key dataset202. The golden thread is focused on assuring the safety of individual buildings.However, the building safety regulator will also need to understand characteristics of all buildings in scope to analyse and understand trends and risks across the building stock, and to perform the proposed functions listed atparagraph 315. To enable analysis of key characteristics across buildings in scope, we are also proposing a ‘key dataset’ be maintained through the lifecycle of the building. This dataset will be a subset of the information contained in thegolden thread. This could include:• Unique building identifier;• Location;• Size (e.g. height, storeys, footprint, number of dwellings);• Building type/purpose;• Years built and refurbished;• Minimal information (e.g. quantity and location) on safety-related features (e.g. fire doors, sprinkler systems). Identification of which products should be included in the dataset will be based on the individual physical layers ofprotection that each form part of an integrated safety strategy for the building; • Façade and structure information;• Dates and outcomes of gateway points and safety case reviews;• Current and past dutyholders, accountable persons and building safety managers.Q. 4.3. Are there other areas of information that should be included in the key dataset in order to ensure its purpose is met? Please support your view. Q. 4.4. Do you agree that the key dataset for all buildings in scope should be made open and publicly available? If not, please support your view. Q. 4.5. Do you agree with the proposals relating to the availability and accessibility of the golden thread? If not, please support your view. Golden thread in design and construction208. In the design and construction stage, the content of the golden thread will consist of the information and data collected as the building passes through the gateway points (see section in Chapter 3 on gateways).Q. 4.6. Is there any additional information, besides that required at the gateway points, that should be included in the golden thread in the design and construction stage? If yes, please provide detail on the additional information you think should be included. Q. 4.7. Are there any specific aspects of handover of digital building information that are currently unclear and that could be facilitated by clearer guidance? If yes, please provide details on the additional information you think should be clearer. Q. 4.8. Is there any additional information that should make up the golden thread in occupation? If yes, please provide detail on the additional information you think should be included. Please enter you additional comments or include additional questins and your responses you feel should be included. OK Question Title * 10. Mandatory occurrence reportingRIDDOR type reporting for in scope building, there will be a legal responsibility on the Client, Principal Designer and Principal Contractor during design and construction and the accountable person during the occupation to establish a reporting mechanism internally and report specific occurrences and these must be reported within 72 Hours. These would be limited to:Overarching Categories Occurrences relating to construction productsOccurrences relating to construction practice and poor workmanshipOccurrences relating Maintenance of fire protection SystemsSubstandard Occurrences relating the Operation of construction ProductsOccurrences relating Maintenance of fire protection SystemsOccurrences relating the Operation the building safety ProceduresOccurrences relating to a major EventExamples of specific occurrencesSubstandard products delivered to site with fire or structural safety implicationsDefective installation of fireproofingEarly or unexpected decay of structural componentsUnexpected failure of safety critical components such as a fire door.Defects or failure in passive or active fire protection systemsPartial or total failure of emergency fire systemsMajor damage due to an extreme event (fire)Do you agree with the system and timeframe, and the occurrences listed, or should additional element be included (Q4.10 – Q4.15). Q. 4.10. Do you think a ‘just culture’ is necessary for an effective system of mandatory occurrence reporting? If yes, what do you think (i) Industry (ii) Government can do to help cultivate a ‘just culture’? Please support your view. Q. 4.11. Do you agree that, where an occurrence has been identified, dutyholders must report this to the building safety regulator within 72 hours? If not, what should the timeframe for reporting to the building safety regulator be? Q. 4.12. Do you agree that the scope of mandatory occurrence reporting should cover fire and structural safety concerns? If not, are there any other concerns that should be included over the longer term? Q. 4.13. Do you agree that mandatory occurrence reporting should be based on the categories of fire and structural safety concern reports identified in the prescriptive list in paragraph 222? Please support your view. Q. 4.14. Do you have any suggestions for additional categories? Please list and support your view. Q. 4.15. Do you think the proposed system of mandatory occurrence reporting will work during the design stage of a building? If yes, please provide suggestions of occurrences that could be reported during the design stage of a building. Please enter you additional comments or include additional questins and your responses you feel should be included. OK Question Title * 11. Oversight of competenceThe group recommended that relevant professional and trade bodies should lead to the creation of an overarching competency framework, setting out the specific core knowledge, skills and behaviours required of anyone working on buildings in scope of the new regime. This should include an appropriate level of fire and structural safety knowledge as a minimum. The Competence Steering Group has proposed that this overarching competency framework could be captured and maintained in a suite of national standards (e.g. the British Standards Institution, or a Publicly Available Specification (PAS)56, and be overseen by a separate, independent, stakeholder-led standards committee. Do you wish ASCP to be part of this new competency group? Do you think PAS or BSi is the relevant platform to state the competency requirements? Please enter you additional comments or include additional questins and your responses you feel should be included. OK DONE