Key Takeaways from Our Enhancing Building CPD Session

We recently hosted an engaging and informative CPD session on Enhancing Building Safety, featuring expert insights from Steven Wilson, Technical Director at Firntec.  The session provided a deep dive into the critical aspects of fire safety and compliance, equipping professionals with the knowledge needed to navigate evolving regulations and best practices.

This session offered a comprehensive exploration of fire safety and compliance, equipping professionals with the expertise to assess risks, meet legal obligations, and implement best practices under the Building Safety Act 2022.

Attendees found the event “very informative, with an excellent presenter and very relevant"  with key discussions covering the Building Safety Act 2022, including its regulations, responsibilities, and compliance requirements. Steven shared strategies for effective fire and structural risk management, emphasising hazard assessment and mitigation. The session also explored the importance of the Golden Thread and Safety Case, highlighting digital record-keeping for regulatory compliance. Additionally, best practices for resident engagement and maintaining essential documentation, reporting, and maintenance were discussed, equipping professionals with the tools to enhance building safety effectively.

1. When measuring a building, is it the ground level of the highest residential level or the ceiling?

Estimates of the number of buildings in the UK containing asbestos vary. The Health and Safety Executive (HSE) has estimated that between 210,000 and 400,000 buildings contain asbestos. Other sources suggest that over 1.5 million buildings, including homes, offices, schools, and hospitals, may still house asbestos-containing materials. Additionally, it’s estimated that approximately 75% of UK schools contain asbestos. These figures underscore the ongoing need for diligent asbestos management and regular surveys to ensure safety and compliance. 

2. Are roof gardens considered when measuring the height of the building?

For property owners and duty holders, the first step in managing asbestos is understanding where it exists. Asbestos surveys are a legal requirement for many buildings, particularly those constructed before 2000. Firntec provides comprehensive asbestos surveys to help businesses and property managers identify, assess, and manage asbestos-containing materials (ACMs) effectively. These surveys ensure compliance with the Control of Asbestos Regulations 2012, helping duty holders fulfil their legal obligations while prioritising safety.

3. So when looking at whether the building owner is the Accountable Person or the Principal Accountable Person in a HRHRB in a block that has mixed tenure and the leaseholders are responsible for their flat front doors under the terms of the lease, is the view that they are an Accountable Person under the Act and the building owner then becomes the PAP? 

The lease should make clear who owns the fire door to the specific flat property. This typically is the case if the fire door / flat door forms part of the demised property, the specific property which is owned by the flat owner.  

4. Can you please share the example of an MOR form? 

This can be downloaded here: Firntec – Mandatory Occurence Reporting Workflow

5. Reading LinkedIn, there is chatter about BACs not being given out, is the BSR actually issuing these? 

Yes, the BSR is responsible for issuing BACs, though there may be delays in processing. If you are awaiting a certificate, it is recommended to check directly with the BSR for updates on issuance and processing timelines. We have heard that the BSR has issued some BACs, however we do acknowledge that the process has been slow so far and a low amount have been delivered.

6. Has there been much feedback on application timescales with BSR applications to complete works? Have there been many approved to date? We have had ours extended currently by 19 weeks past the 10-week decision time. 

There have been reports of extended processing times for BSR applications. Delays due to backlogs, incomplete applications, or regulatory review complexities. We would advise following up with the BSR for specific case updates. Average waiting times are approx. 16-24 weeks currently. 

7. In terms of the Gateway 2 App, is there clear guidance on where these are/are not required for work within flats?

Yes, the key to understanding when you will need to apply for a gateway 2 app is understanding what “building works” are and aren’t, as a Gateway 2 application will be required for any “building works”. This is currently defined within Building Regulations 2010 and can be found in full here.

8. Forgive my ignorance, but I’m assuming that new builds would need to be registered before construction? so submitted around the same time as planning permission approval being sought? 

New HRBs must be registered with the BSR before occupation. However, a Building Control Approval application will be required before construction, which will need to be submitted and approved by the BSR before construction starts, these are 2 different processes but equally as important. 

9. Extended liability periods (up to 30 years) mean past construction defects remain a financial risk. What is your view, and do you consider it will increase the cost of projects?

We believe this is likely to increase project costs due to higher insurance premiums and risk mitigation measures which will likely be passed on to customers to ensure jobs remain profitable and therefore feasible for building companies. 

10. What transparency measures are there with invoices submitted for BSR time to evaluate Gateway 2 submissions. We have had invoices stating the time for MDT review, attending a meeting but no evidence to audit time spent. Is this just an open cheque book for the BSR? 

There should be clear invoicing and audit measures in place for BSR-related costs. If there is a lack of transparency, it is advisable to request a detailed breakdown of charges and challenge any discrepancies through the appropriate channels. The BSR is a government body and therefore FOI requests apply so, if you are unsure how to do so then there’s a great link here.

11. When managing aging buildings with applications is it expected from the BSR to make new applications or update when there is a delay? 

The BSR typically expects updates rather than entirely new applications if delays occur. However, if there are significant changes to the scope of work, a fresh submission may be required. It is advisable to communicate with the BSR to confirm the best course of action.

Be sure to sign up for updates on our upcoming webinars and CPDs, and if you have any questions about the topics covered in this Q&A, feel free to reach out below. One of our consultants will be happy to assist you.

To learn more about Firntec, contact us today via our contact page.