From materials delays and rising costs to labour shortages and regulatory uncertainty, it is no secret that the construction sector has faced many and mounting pressures in recent years. And, amid this widespread financial and operational strain, the industry has also been coming to terms with the implications of the Building Safety Act 2022 (BSA).

A necessary regulation following the Grenfell Tower disaster, the BSA is a response to long-standing issues around building safety. It focuses mainly on structural and fire safety within design and construction of residential buildings – distinguishing high-risk buildings (HRBs) of 18 metres in height or seven-plus storeys high from non-HRBs.

Compliance with the act requires passing through three gateways: planning, detailed design and handover. Contractors are largely involved in the design and handover phases, and employers – typically developers and project owners – are now shifting responsibility for the timely submission of the design via pre-construction services agreements (PCSA) and, ultimately, the building contract.

Moreover, every detail of the design’s quality assurance evidence must be listed in what is called the “golden thread QA document” – the third gateway.

While the BSA is welcome in principle, its underprepared implementation has been causing significant problems for the industry. And, while the government’s recent reforms to the Building Safety Regulator (BSR) are a welcome move towards a more efficient and responsive system, significant challenges remain.