Summary
Key differences between the Bill and the BSA
Topic | The BSA | The Bill |
|---|---|---|
Dutyholder Scope | Higher-risk buildings (i.e., 18m/7 storey and above with 2 or more residential units) are the main focus of the duties. Accountable Person and Principal Accountable Person roles only required in HRBs. | ‘Regulated building’ includes almost all buildings containing 2 or more residential units and it split into 3 categories depending on height or number of storeys. Accountable Person and Principal Accountable Person roles apply to all regulated buildings, regardless of height. The broader regime includes types of residence such as low-rise flats and HMOs. |
Dutyholder identity | The BSA requires only those having ‘relevant’ repairing obligations to fall within the category for an Accountable Person. A lease or the workings of an enactment are required. | The Bill includes anyone who has a contractual obligation for repair or maintenance to be included within the meaning of Accountable Person (in relation to matters within the scope of that obligation). |
Duties of dutyholders | Under the BSA, Accountable Persons are responsible for the assessment of building safety risks within the parts of the HRB for which they are responsible. Assessments must only be ‘suitable and sufficient’. The Golden Thread will only apply to HRBs. | The Principal Accountable Person that must assess for fire safety risks in all regulated buildings. Assessments must be ‘suitable and sufficient’ and be undertaken by a ‘competent person’. The Accountable Persons are responsible for assessing structural safety risks, but only in Category 1 and 2 buildings. The Golden Thread apples to all regulated buildings. |
Meaning of a ‘building safety risk’ | Means the spread of fire or structural collapse in HRBs. | Definition will depend on the category of building – it will include fire safety risks and structural safety risks in Category 1 and 2 buildings (i.e., above 11m or 5 storeys), but only fire safety risks in Category 3 buildings. |
Registration requirements | Only HRBs are (currently) required to be registered. | Category 1 and 2 buildings must be registered. |
Regulator identity | A new, national regulator (the Building Safety Regulator) is established to be responsible for HRBs. | Local authority led with council and fire and rescue service oversight. |
Offences | Breaches of Accountable Person and Principal Accountable Person duties only applicable to HRBs. | All regulated buildings subject to the Accountable Person and Principal Accountable Person duties. Additional offences compared to the BSA, including knowingly keeping or storing false information. |
To receive more briefings and invitations from Devonshires, click here to join our mailing list.
020 7628 7576