Remedial work will be regulated by the conditions that the new regulator applies to the building safety certificate. The certificate and safety case will be subject to review every five years. As well as appointing an accountable person for existing buildings in scope, a competent building services manager must be identified and registered who will carry out the day to day functions of ensuring that the building is safely managed and maintained. These functions will include engaging
residents and overseeing safety works and others employed in management, maintenance or checks of the building. The accountable person must make sure the building safety manager has access to sufficient funds to perform their functions. Additionally, the government aims to put residents at the heart of the new regulatory system, and in order to pass gateway three, a resident engagement strategy will be required. It will become mandatory to provide residents with certain information about the building, for example by way of a tenant handbook. A culture of openness should be created which allows residents to request additional information, and a complaints process to promptly address resident concerns will be required. It is equally clear that the accountable person and building safety manager will require the support and engagement of residents to discharge their duties. There should be
contractual mechanisms in place to regulate the use of individual flats within buildings, and any modifications which might impact on the structural or fire safety of the building. The accountable person and building safety manager may require access to individual flats for these purposes. For developments already underway, the
consultation proposes that they should be required to go through the next relevant stage of the overall gateway process, depending on the stage of the development. For example: where planning permission has not yet been sought, they should go through gateway one; where planning permission has been granted but full plans have not been submitted, they should start at gateway two; and where construction is already underway, they should start at gateway three. Existing buildings within scope that undergo
significant refurbishment work will be required to pass through similar gateways to those applicable to new builds. The consultation closed on 31 July 2019 – the government is currently considering the responses to the consultation, and is expected to publish its own response in the autumn. We expect any changes from the published proposals to be fine tuning rather than a fundamental rethink
Laura White is an associate in the health and safety team at Pinsent Masons
www.frmjournal.com OCTOBER 2019
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