Government Consults On Hackitt Response

The government initiated the Hackitt Review of Building Regulation and Fire Safety in the wake of the Grenfell Tower fire in June 2017.

Following publication of that review’s final report in May 2018, the government is now consulting on its suggestions for reform of the building safety regime.

The consultation proposes a new regime that applies to multi-occupied residential buildings of 18 metres or more in height (approximately six stories). Key features include:

• Creating five dutyholder roles responsible for the safety of a building and compliance with Building Regulations during design and construction (client, principal designer, principal contractor, designer and contractor), together with the concept of an “accountable person” who looks after higher risk buildings once they are occupied. The dutyholder roles align with those in the Construction (Design and Management) Regulations 2015 (SI 2015/51) (CDM 2015) and will be required to show that they are managing risks at new “gateway points” before they can continue with the different stages of the building process.
• Measures to empower residents by giving them the right to information and an avenue for raising concerns.
• The creation of a new building safety regulator to ensure compliance and building safety in England, together with a range of sanctions and enforcement powers. This includes new criminal sanctions and increasing the time a local authority has to serve enforcement notices.

The government also suggests giving private individuals the right to claim damages where they suffer harm because work on a building has not met Building Regulations standards (this would be done by bringing into force section 38 of the Building Act 1984, which is not operative to date).

The consultation ends on 31 July 2019 and runs parallel with a call for evidence on related changes to the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541).

Source

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