Section 156 – Tucked away at the back
Tucked away in Part 5 of the BSA (Other provision about safety, standards etc), Section 156 has, to date, received relatively little publicity.
The provision, which appears in the statute’s table of contents under the sub-heading Fire safety, is now beginning to gain attention, particularly as it will come into force on 1 October 2023 when The Building Safety Act 2022 (Commencement No. 4 and Transitional Provisions) Regulations 2023/362 will breathe life into Section 156.
It is important to note that Section 156(4) will not come into force in October. This specific provision concerns the competence of any person appointed under Article 9 of the Regulatory Reform (Fire Safety) Order 2005 (RRO) to assist with making or reviewing a fire safety assessment (and, where more than one such person is appointed, the matter of co-operation between them in relation to the assistance they provide). More about Section 156(4) later.
What does Section 156 do?
In general terms, Section 156 forges a marriage between the RRO and the BSA, between two separate pieces of legislation that are owned by two separate government departments and which create two separate dutyholder regimes. The purpose of Section 156 is to create an alignment between the two.
To receive more briefings and invitations from Devonshires, click here to join our mailing list.
020 7628 7576