CPD 24 2025: Navigating the Building Safety Act

Learning objectives

• Recognise design-related duties under the Building Safety Act (BSA).
• Know what the CCPI is and understand what a product being “CCPI assessed” means.
• Understand how BIM objects support traceability and safety.
• Recognise the value of manufacturer support and its role in confident specification.

Background to the BSA

The fire at Grenfell Tower in June 2017 claimed the lives of 72 people. That tragedy, and Dame Judith Hackitt’s Building a Safer Future report that followed it in 2018, exposed the need for a cultural shift in the construction industry. The full extent of the required shift was made clear by the Grenfell Inquiry’s Phase 2 Report that was published six years later – and, responding to the Phase 2 Report in February 2025, the government confirmed it would act on all the recommendations. Fundamental change is underway in the sector, and this module aims to give an overview of the key changes as they impact building designers.

The Building Safety Act

The BSA is central to the new building safety regime. This has created three new bodies, a range of new responsibilities and various new systems, as well as reforming a host of existing legislation. There is further legislation yet to be published.

Higher-risk buildings

Because of the nature of the Grenfell Tower fire – and the understandable focus on cladding remediation that followed – it can be easy to think of the BSA applying only to high-rise buildings. Or, in the language of the act itself, “higher-riskbuildings” (HRBs). There are actually separate definitions of HRBs for the design/construction stage and operational life of buildings.

During design and construction, a building is a HRB if it is:

• at least 18m in height or at least seven storeys, and
• contains two or more residential units,

or

• is a hospital (applies only during design/construction),
• or
• is a care home (applies only during design/construction).

This definition applies when a building is being newly designed, newly constructed or refurbished in a way that amounts to a new building or major alteration. Hospitals and care homes are included in this design/construction-phase definition even though they are excluded from the occupation-phase definition of an HRB. This is because they contain sleeping, vulnerable occupants, so the government wants stricter oversight during construction. However, they don’t fall into the occupation-phase HRB regime because, once built and in use, they are governed by separate regulatory bodies/regimes, such as the Care Quality Commission, NHS estates, HMO licensing, fire safety orders, etc.

If a building falls within this HRB definition at design/construction stage, it must go through the gateway process, the new system of checkpoints designed to ensure that building safety risks – especially fire and structural safety – are properly considered before, during, and after construction. This consists of:

• Gateway One (planning)
• Gateway Two (before construction)
• Gateway Three (completion/before occupation)

with the BSR acting as the building control authority.

Once built, only residential buildings count as HRBs, because the regime is designed to protect residents, not transient or supervised populations who, as we said, are protected by other regulations. A building is an occupation-phase HRB if it is:

• at least 18 metres in height or at least seven storeys, and
• contains two or more residential units, excluding the following building types if they are used entirely for that purpose: hotels, hospitals, care homes, prisons/secure institutions, military barracks, Ministry of Defence living accommodation.

Under the HRB occupation regime, once the residential building is occupied, it must be registered with the BSR and a principal accountable person (PAP) must be appointed. The PAP must prepare a safety case report, which is a document setting out the major fire and structural risks in the building and how they are being controlled to keep residents safe. Ongoing resident engagement and reporting duties also apply.

Non-HRBs

It is important to make it clear that the BSA applies to all buildings, not just HRBs. It imposes additional requirements on designers, contractors – and clients – on projects of all types, from the simplest domestic dwelling to the most complex non-domestic building. The responsibilities are not as onerous for small, low-rise projects as for HRBs, but it is important to know what they are.

In broad terms, the principal designer (PD), principal contractor (PC), designers, contractors – and even clients – must:

• be competent – ie possess the necessary skills, knowledge, experience and behaviours to fulfil their role
• play their part in planning, managing and monitoring the work
• cooperate and share information
• ensure building work complies with building regulations
• keep and share design/construction information relevant to safety and regulatory compliance.

Companies must have systems for managing competence and must be able to evidence this.

Other changes the act brings in include stronger enforcement: building inspectors may request information at any time, and there are new criminal offences for knowingly allowing non-compliant work. Liability timeframes are greatly extended: the Defective Premises Act has been amended to allow 30-year retrospective claims and claims for 15 years post completion; while Section 38 of the BSA introduces a much clearer right to sue for damage/injury caused by breaching of building regulations. Changes to building control include mandatory competence of building control professionals, and greater scrutiny of projects, particularly at completion

Devolved nations

The act applies in its entirety only in England. It applies in parts in Wales and Northern Ireland and does not apply in Scotland. In Wales, only the design and construction parts of the BSA are in force, including the definition of HRBs and the regulation of the building control profession. The occupation-phase regime (registration of HRBs, safety case reports, accountable person duties) has not yet been implemented in Wales and will instead be introduced through the forthcoming Building Safety (Wales) Bill. In Northern Ireland, none of the English HRB/BSR regime is in force yet, and Northern Ireland is exploring its own building safety legislation. Building safety in Scotland is mostly governed by the country’s own legislation and upcoming reforms, not by the English laws.

Designers’ responsibilities under the BSA

Building regulations and Construction Design and Management (CDM) regulations already require certain things of professionals in the role of PD and PC – fundamentally, the BSA is simply expanding on those existing roles and responsibilities. The act doesn’t require you as a building designer to become an expert in every aspect of design and construction. Rather, it means:

• becoming more aware of the steps you take to reach decisions
• thinking about what information you base decisions on
• taking accountability for your decisions
• having a record of those decisions
• recognising what you don’t know and asking for support when you need it
• showing that any sources you use can meet their obligations under the BSA too.

Government guidance Design and Building Work: Meeting Building Requirements says, “During the design stage, you must be satisfied that a design, if built, complies with all relevant requirements.” The PD must take all reasonable steps to ensure that compliance. They must cooperate with the client, other designers, contractors and the principal contractor. And, as part of that, they must provide sufficient information about the design, construction and maintenance of the building.

As a responsible and competent designer, you should already have robust processes in place for taking on and communicating with new clients – especially for more complex projects. In the industry more generally, processes may not be quite so robust. In particular, domestic projects often proceed relatively informally, and it is interesting to reflect on what the BSA expects, given that it applies to all projects.

The act sets out ways in which the PD should support clients in meeting their duties. This includes not starting any design work unless they are satisfied the client is aware of their legal duties. As PD you must plan, monitor and coordinate the design work; and this involves making sure other designers comply with their duties, and assessing their work for compliance. It also means helping the client to provide relevant information to others.

Contractors’ responsibilities

Just as designers have particular duties and responsibilities in the design phase, so contractors have similar duties and responsibilities in the construction phase. In the table below these are mapped against one another so you can see the similarities. The table isn’t an exhaustive list of duties, but it gives a broad overview of key responsibilities. An interesting point to note is that designers and contractors alike have a duty to inform the PD and PC respectively if their work makes other design or building work non-compliant, and vice versa.

Clients’ duties

The table also includes duties on clients. Some seem quite onerous, and it is interesting to reflect on whether clients are willing and able to supply the level of information required by the act – and whether, as a designer, you seek as much information as you can from clients. The BSA distinguishes between “domestic clients” and “clients”. A domestic client is simply somebody who has building work carried out on their home (or the home of a family member). This distinction is another useful reminder that the act applies to all projects – and that you need to adapt regardless of the type of work your practice takes on.

The client’s duties are essentially the same whether they are a domestic client or otherwise: manage the project and appoint designers and contractors who can fulfil their role competently – though where a project involves an HRB, the client has more onerous requirements relating to the building control approval application, record keeping and information sharing. “Managing the project” means allocating enough time and resources for the building work to comply with building regulations. It also means enabling cooperation between designers and contractors.

The third row of the table highlights the fact that this requirement for cooperation spans across the roles defined in the act. This a key thing to think about: what does cooperation looks like in your work currently, and what changes might you need to make to make collaboration and information sharing a more formal process?

Responsibilities

Clients	Designers	Contractors
Manage the project, and appoint designers and contractors.	Provide sufficient information about the design, construction and maintenance of the building.	Provide sufficient information about the building work to assist the client, other contractors and designers to comply with relevant requirements.
Take all reasonable steps to ensure appointees have the necessary competence and organisational capability.	Be satisfied that a design, if built, complies with all relevant requirements.	Make sure building work that you (and others you manage) carry out complies with all relevant requirements.
Cooperate with others, and enable cooperation between designers and contractors.	Cooperate with: the client other designers contractors the PD the PC.	Cooperate with: the client designers other contractors the PD the PC.
Additional duties for HRBs
Manage the building control approval application. Inform designers and contractors that their work relates to an HRB. Record steps taken to ensure competence, in writing.	PD: Assess design work to make sure all designs comply with relevant building regulations.	PC: Assess building work to make sure it complies with relevant building regulations.
	PD: Assist the client in providing information to others.	PC: Assist the client in providing information to others.
	PD: Make sure anyone working on the design cooperates, communicates and coordinates work with: the client the PC other designers and contractors.	PC: Make sure anyone working on the building work cooperates, communicates and coordinates work with: the client the PD other designers and contractors.

The golden thread

Staying with the theme of information sharing, arguably the most notable aspect of the BSA – or the one that has struck a chord with most people, perhaps? – is the concept of the “golden thread” for HRBs.

The term describes the information and documents that must be collated and stored for the purposes of safely occupying, managing and operating a HRB throughout its lifecycle. The process begins in the design phase, and continues through the construction and occupation phases.

The golden thread is a “single source of truth” for what has been built. It is the client’s responsibility to put in place the golden thread for a building, and the PD and PC should both store information required about the building and provide it to the client. The golden thread should then be used by accountable persons in the use and operation of the building, and it should provide residents with accurate information to reassure them that their building is being managed safely. While the requirement applies only to HRBs at the moment, there is a general expectation in the industry that the scope of the golden thread will be widened in future.

Competence

Underpinning all the duties and responsibilities set out by the BSA is the need for competence. When competence was first discussed in the construction industry, it was framed in terms of SKEB: skills, knowledge, experience and behaviour. The BSA defines individual competence in the same terms. And anybody who appoints an individual or organisation to a construction project now has a legal duty to ensure that that appointee meets the competence requirements set out by the act.

Where the PD is concerned, they should be able to coordinate the design team and support others – including explaining to contractors how to demonstrate that elements are built properly. The PD is not expected to be an expert in every design specialism. However, they should know enough about building regulations, technical guidance and codes of practice to assess whether a design will comply. Standard PAS 8671 sets out the competencies required the PD role, and it can be used to help demonstrate and assess competence of PDs.

In summary, individuals must:

• cooperate with others
• refuse to carry out work beyond their competence
• make sure work complies with relevant requirements
• ask for assistance from others where necessary.

Organisations must:

• demonstrate organisational capability
• have policies, procedures, systems and resources in place.

Communication and collaboration

In everything we have talked about so far, information sharing is key – in all directions. This means, for example, that PDs and PCs must “consider any comments” each other make in relation to compliance, and a domestic client must “provide building information they have, or which it is reasonable to get” to designers and contractors. Collaboration and clear communication are essential to achieving better standards of quality and safety in the built environment, and information management matters – and not just in projects featuring HRBs.

Building safety and BIM

The golden thread often dominates thinking and discussion around the BSA. But the responsibilities placed on all parties working on projects of any size mean having robust processes in place for sharing digital information is now an important aspect of organisational competence. That is where building information modelling (BIM) comes in…

The Digital Construction Report published by National Building Specification (NBS) in 2023 showed 70% of construction professionals had adopted BIM, though that figure dropped to 60% for organisations with 25 or fewer staff, and the figure was lower again where an organisation had 15 staff or less.

Defining BIM

Where you are as an organisation on your adoption journey changes how you view what BIM is… For some, BIM is a process, defined in standards, for the better management of information, where structured data has the potential to enable wider transformation, and a part of which is working in a 3D modelling environment. For others, BIM is a process used to design and understand a building in a virtual environment. The extent of BIM use often depends on the size and complexity of a project, but it is always important that the virtual environment is one that all parties can access and contribute to. We have seen the information flows and cooperation between clients, designers and contractors that are required under the BSA. When it comes to fulfilling duties set out under the act, BIM has an essential role to play.

One thing to note: another interesting statistic from the NBS Digital Construction Report is that, of the clients that responded to the survey, just 53% said they had adopted BIM. This raises interesting questions as to how a designer might share information with a client who is not as far into their journey of adopting BIM. This is one of many similar questions raised by the implementation of the BSA and the way the construction industry has got to grips with the act in its first few years.

ISO 19650 series

Earlier we described how the roles of PD and PC required by the BSA are not brand new. They build on roles already defined by other regulations. Similarly, what the BSA sets out – in terms of cooperation, providing information and establishing audit trails – builds on existing requirements to provide information. The biggest change lies in the complexity of that information and the need to ensure all information is traceable.

This is where the ISO 19650 series of standards comes in. ISO 19650 is the international standard for managing information over the lifecycle of a built asset using BIM. It is part of the UK BIM framework and should be the starting point for compliance with the BSA. It tells teams:

• what information they should produce
• when they should produce it
• how it should be checked
• how it should be shared
• who is responsible for what
• how to keep the project’s information organised and traceable.

Building information comprises all sorts of information, not just drawings and specifications. It also includes strategies, risk assessments and photographic records of installation, among many other things. Nevertheless, the 3D model of a building remains a significant part of BIM and the “building information model” feeds into the overall “building information management” approach.

Using BIM to support BSA compliance

BIM can play a vital part in BSA compliance because it supports:

• digital record keeping
• design coordination
• version control
• traceability of every product decision.

Specification decisions are critical to building safety and regulatory compliance, so BIM object data from manufacturers is essential to the successful use of BIM, and embedded metadata in digital product information contributes to a transparent supply chain.

Build UK’s recent publication Golden Thread – An Overview says that, where it is used, and where relevant information can be easily identified, that BIM may provide the foundation for the golden thread. And while, for now at least, the golden thread applies only to HRBs, the principles of digital record keeping, information management, traceability and transparency apply universally. In other words, there are very few projects that will not benefit from the application of BIM in some way – especially when it comes to complying with the BSA.

Using a product manufacturer’s BIM objects in a 3D model is the culmination of a specification process, not the beginning of one. Before you get to the stage of requesting and using BIM objects, how do you decide that a manufacturer is one you are willing to work with, and that it can contribute to your BSA obligations?

Code for Construction Product Information

Government guidance on the BSA says a PD is not expected to be an expert in every design specialism, and, as part of competence requirements, individuals are expected to ask for assistance from others where necessary. When it comes to construction products, manufacturers are experts about their products. Despite this, designers and specifiers have historically been unwilling to speak to manufacturers – perhaps because they expect to be told what they want to hear rather than being given the factual information they need. This is where the CCPI comes in.

It was created in response to the Building a Safer Future report. Prepared by the Construction Products Association’s Marketing Integrity Group, it is the sector’s way of addressing issues identified with the mis-selling of products used in the Grenfell Tower refurbishment. The overarching aim of the CCPI is for construction product manufacturers to provide information about their products that meets the following five tests. Is it:

• clear
• accurate
• up to date
• accessible
• unambiguous?

This is achieved by complying with the code’s eleven clauses. Meeting the clauses of the code means a manufacturer has a documented sign-off process for creating product information, supported by a formal version-control process; they accurately represent product information and are clear about what any warranties cover; and contact details for technical support are visible and accessible. Of particular relevance for the kind of cooperation and information sharing we have been discussing is the final clause, which requires there to be training programmes in place to ensure anyone conveying product information is competent for the level of knowledge required in their role.

CCPI assessment process

Before any individual product information is audited for CCPI accreditation, the manufacturer must first undergo an organisational assessment looking at its culture and leadership. This is designed to verify that the company is seeking the CCPI mark because it reflects its values, rather than just trying to obtain it to try to win more specifications. Only after this first hurdle is passed, will product information be assessed.

Even after a manufacturer has been through the initial assessment, they cannot use a CCPI mark or claim to be an “assessed organisation” yet: successful assessment applies only to the individual products applied for. (Although, arguably, by having products assessed, it is reasonable to say that a firm has demonstrated a “bigger picture” commitment to cultural change that goes beyond the scope of specific products.)

Expected adoption of the CCPI

The CCPI scheme is still in its infancy. In time, questions surrounding organisational assessment versus product assessment may be addressed and changes made accordingly. The code is a voluntary scheme aimed at construction product manufacturers. But it also has other forms of membership for “demand-side supporters”. Tier 1 contractors, housebuilders and even insurers are putting their weight behind the code. Over time, this will likely result in CCPI-assessed products being chosen over non-assessed ones. The code also gained momentum by being mentioned explicitly in the government’s Construction Products Reform green paper, which stated, “We see the need for industry to significantly increase the take up of initiatives such as this code.”

Specifying with confidence – how manufacturers can help

What should you be looking for when it comes to working with product manufacturers while meeting your duties and responsibilities under the BSA?

• CCPI assessed products
• full performance and fire test evidence
• classification reports
• declarations of performance (DoPs)
• environmental product declarations (EPDs)
• digital/BIM-ready objects and data
• installation, maintenance, lifecycle, recyclability and end-of-life information
• change notifications and version control, so you know when a product has been altered and can reassess whether it still complies with the design and regulations.
• clear compliance statements
• support for system design, junction details etc
• technical helplines and written confirmations.

We said earlier that nobody knows their products better than the manufacturer. As well as BIM objects, manufacturers should be able to offer declarations of performance issued in accordance with the construction product regulations, as well as CE marks (a self-declaration by a manufacturer that a product meets all applicable health, safety, and environmental standards for the European Economic Area) and UKCA marks (the equivalent for the British market). For these, products undergo independent testing and third-party assessment, and are certified accordingly.

Look out too for suppliers whose BIM competence is evidenced by third party-assessed compliance with ISO 19650. The Building Research Establishment (BRE), Lloyd’s Register Quality Assurance (LRQA) and NQA all offer third-party accreditation of organisations’ BIM processes and products, while the BSI Kitemark assesses organisations against ISO 19650 and additional quality criteria. Another thing to look for is objects with graphical and non-graphical information, which will allow you to alter the level of information in your model depending on the phase of the project.

Some manufacturers have developed online tools to support specification in the new culture. For example, wienerberger has OneSpec, an all-in-one project-specific guide that streamlines the process of specifying wienerberger products, services and support. As a live document, it builds throughout a project. That means you can work with wienerberger from as early as the planning stage, and making design and specification decisions as the project develops.

Final thoughts

Detailing every nuance of the BSA is impossible in a module such as this, but by covering the fundamentals about design duties we have emphasised: 1) that it applies to projects of all types and sizes; and 2) the importance of communication, cooperation and competence when working to comply with it.

This new legislation is about a shift in culture. One way you can work with manufacturers who align with that culture is to look for CCPI-assessed products. The CCPI is a relatively new initiative that ensures product claims are transparent, evidence-based and third-party verified. As such, it avoids ambiguous marketing and technical misinformation.

Armed with the confidence that your specification decisions are technically accurate, then you can look at digital tools like BIM objects. BIM has a critical role when working on higher-risk buildings with a golden thread of information. And, even if HRBs aren’t part of your workload, BIM can help create a common data environment that supports cooperation and information sharing.

 

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