The Building Safety Act and what it means for Architects.

Due to the adoption of the Building Safety Act, it now means there are greater legal duties on Architects, Engineers, and Project Managers in relation to building design, safety processes, compliance checks, product selection and post completion safety management.

There are increased competency expectations and severe penalties for non-compliance by individuals and firms. Key obligations are as follows:

A new safety case regime

Developers must create and maintain a safety case report for buildings over 18m tall (7 storeys). Design teams will need to create detailed plans and specifications for fire safety systems, building materials, structural integrity and more.

Accountable Person Role

Existing high-rise buildings must appoint an Accountable Person to manage safety. They can be held liable for non-compliance with duties under the Act. This role would typically fall to the architect, project manager or surveyor.

Expanded Gateway Process

The regulations around inspection, testing and handover of new developments is far more stringent, and Architects or Engineers must provide evidence their plans meet the required standards.

Explicit Product Safety Duties

Product manufacturers must demonstrate that their cladding systems and building insulation has undergone adequate safety assurance and architect’s product specifications must be compliant.

The UK’s Building Safety Act 2022 creates several new professional liability risks that architects, engineers and other construction professionals must consider. These include:

Expanded Liability

Liability for building safety defects has widened under the act. Professionals can be held responsible for issues they may not have directly worked on if they should have identified the risks.

Longer claim period

Liability periods now extend up to 15 years from Practical Completion across both the design and construction phase. This is a significant increase from 6 or 12 years typically seen under contracts. More historic defects can produce claims.

New Criminal Offences

Individuals can now face prosecution, fines and even imprisonment for breaches of the act. Offences include supplying false or misleading information and non-compliance with safety duties.

Greater Evidence Demands

Handover requirements are more stringent for technical documentation, safety case reports and record keeping. Gaps increase liability if key evidence of compliance is lacking.

Product Safety Issues

Anyone who makes or influences the decision to use a specific building product or service is classed as a specifier and products later found to be non-compliant or contain defects, could inherit some producer liabilities, if due diligence on safety certification or testing was inadequate.

Overall, the Act places greater legal duties on Architect’s, Engineers and Project Managers regarding building design, safety processes, compliance checks, product selection, and post-completion safety management. There are increased competency expectations and severe penalties for non-compliance by individuals or firms.