Exploring the application of the Building Safety Act 2022 in a healthcare setting

Published: 9-Sep-2024

Chris Jones from Bureau Veritas takes a look at the applicability of the Building Safety Act 2022 and insights for those working within health sector buildings

Exploring the regulatory environment for healthcare buildings, Chris Jones, Building Control Business Unit Director, at Bureau Veritas looks at the applicability of the Building Safety Act 2022 and offers insights for those working within health sector buildings on how to navigate the many intricacies of the Act to achieve compliance.

The Building Safety Act 2022 (BSA 2022) has been widely coined “the biggest change to building safety regulation in a generation” and was introduced to enhance safety and accountability within the building industry.

It established a new building safety regime and follows recommendations set out in the ‘Building a Safer Future’ report by Dame Judith Hackitt.

The Act and its 53 recommendations drive cultural change and safety improvements within the built environment and were the first step in ground-breaking reforms to make homes and buildings in England and Wales safer, to give residents and homeowners more rights, powers, and protections.

The Building Safety Act 2022 (BSA 2022) has been widely coined “the biggest change to building safety regulation in a generation”

It overhauled previous regulations and set out a clear pathway on how residential buildings should be designed, constructed, and managed to ensure the safety of the residents.

As made clear by the above statement, much of the communication and narrative around the BSA 2022 focusses on the residential sector, with the healthcare sector seeing much less focus and attention.

However, the need to achieve compliance within a healthcare facility is undoubtedly just as important, particularly when considering their vast size and scale, and the many vulnerabilities of those occupying hospitals and care homes making building design and fire and life safety that little extra crucial.

In my role working with several healthcare organisations, I have found a concerning number of duty holders in the sector misunderstanding the Act’s applicability to their projects and being caught out in not realising that hospitals and care homes that meet the height/number of storey definition criteria are classed as higher-risk buildings. This is because the BSA’s relevance and application differs from that applied to residential buildings, depending on status of the building i.e. under construction or in occupation. 

How does the BSA 2022 apply to healthcare buildings?

Due to other legal controls being in place on healthcare facilities such as hospitals and care homes, they are not classified as ‘higher-risk buildings’ once in-occupation. 

However, as of 1 October 2023, the under-construction aspects of the BSA 2022 apply to both new healthcare buildings and existing hospitals and care homes undergoing changes controlled by the Building Regulations, if they have an occupied floor over 18 metres, or over six storeys above ground (as detailed in the Building Act 1984 and Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023). These regulations do not apply to healthcare facilities which do not have at least one overnight bed space, such as GP practices.

I have found a concerning number of duty holders in the sector misunderstanding the Act’s applicability to their projects

In the relevant cases, an application must be made to the Building Safety Regulator (BSR), and the necessary gateway requirements met, before the work can progress; and before the building can be occupied.

For these healthcare buildings in the design and planning stage, it’s crucial for the client and principal designer, to be aware of their responsibilities.

As a still relatively new piece of legislation, many architects, designers, developers and duty holders are still finding it difficult to navigate the many intricacies of the BSA 2022, and its application beyond the well-understood 18m residential building requirements.

How do I meet the requirements of the BSA 2022 in a healthcare setting?

The first stage of compliance to the BSA 2022 is understanding whether the facility is a Higher-Risk Building (HRB) or non-Higher Risk Building (non-HRB). 

Non-HRBs can be approved by either the Local Authority or a Registered Building Control Approver (such as Bureau Veritas Building Control UK) – the choice of which organisation provides the statutory Building Control function is down to the client. Meanwhile, for all HRBs the building control function must be undertaken by the Building Safety Regulator in the design, construction and completion phases. 

The choice of the correct route to be followed on existing healthcare facilities is more complex as the definitions and guidance introduce the concept of ‘independent sections’

It’s vital to understand that where a new building is being designed and constructed, where a part of a building meets the HRB height requirements, all other parts connected to that building, even those below 18m/seven storeys, are still subject to the Higher Risk Building Regime. This could be other buildings that are connected via an underground car park, partition wall, or corridor or stairwell – if the foundations of those buildings are shared with the HRB, they are classified as a single building and therefore all parts fall under the BSA 2022 application.

The choice of the correct route to be followed on existing healthcare facilities is more complex as the definitions and guidance introduce the concept of ‘independent sections’.  An independent section is one that can be considered as sufficiently distinct and meets the criteria of an ‘independent section’. Where a part of the building can be treated as an independent section any work planned is not required to be subject to the Higher Risk Building regime.

Navigating the Gateway process

Gateway 1: requires developers to submit a ‘fire statement’ within the proposed planning application to the local planning authority - setting out fire safety considerations specific to the work set to be undertaken. This may sound simple but get it wrong and it could end up with delays at the planning stage, which is already often a long process. To progress further, the local planning authority must consult with the HSE to provide specialist fire safety input before they grant permission. It is therefore imperative that a principal designer considers all fire safety matters, which may require expert input. 

Gateway 2: signals a ‘stop/go’ point requiring approval from the BSR before relevant building work commences. A series of plans, proposals and specified documents are all needed to meet the approval of the regulator, who must be satisfied that not only the design meets the requirements of the Building Regulations but as important is the need to demonstrate that the project team have the required competency to undertake the project. If the submitted application is deemed satisfactory, you will be issued with a ‘go’ notice; allowing you to commence the building work and progress to completion and Gateway Three.

Gateway 3: takes place when the works have been completed. This is also a stop/go point. If requirements of this Gateway are not met, the BSR will not provide final certification, resulting in the need to retrospectively correct non-compliant or defective work, or provide additional information to demonstrate compliance . Only when the BSR is satisfied that the new works meet all the requirements will they be signed off as compliant and a Completion Certificate issued.

Help and support to achieve compliance to BSA 2022

There’s no doubt that the Building Safety Act will revolutionise building safety, mitigating safety risks in the UK’s built environment stock, and all future new buildings. However, it’s also clear that the Building Safety Act and the associated secondary legislation presents a few new challenges.

Navigating the BSA and gateway process can be complex, and at Bureau Veritas we’re finding more and more healthcare trusts approaching us to support their principal designers, contractors and project managers in achieving compliance with these regulations.

There’s no doubt that the Building Safety Act will revolutionise building safety

Receiving expert help and support from a specialist, like Bureau Veritas, at the design stage of building works, ensures a smooth process and mitigates potential delays, which is even more crucial in healthcare buildings that often must continue to operate whilst work is ongoing.

Supporting architects and designers in understanding the detail of the Building Safety Act 2022 and Gateway process, Bureau Veritas provides independent assurance to mitigate construction risk and demonstrate compliance through construction consultancy services.

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