Why the Regulator may call your building in sooner than you think

We're starting to see the Building Safety Regulator (BSR) call in high-risk residential buildings for inspection as the Building Safety Act (BSA) takes effect. But with so many buildings impacted, just how the BSR will approach this mammoth task is unclear. And, in the face of such uncertainty, some may be inclined to think of BSA compliance as a problem for another day.

However, it would be imprudent to assume that your building won't be among the early selections just because your perceived risk is low. Here, Andy James, our Health and Safety Technical Director shares some of the reasons why your building could be called in sooner than you think.

A risk-proportionate approach

The BSR has previously advised that they are planning to take a risk-proportionate approach. This means that the buildings that would be likely to post the greatest risk to life-safety of their residents and users will be called in first.

Reports from across the industry suggest that buildings will be deemed higher risk and therefore included in Tranche 1 if they are:

• Over 50m high and 11 or more residential units 

• 30-49.9m and more than 227 units

• Or are of any height with Aluminium Cladding Material (ACM) or LPS cladding

But outside of this, what other criteria may be applied to help the BSR prioritise the first tranches?

10 reasons your building may face early inspection

1. Urgent safety concerns arise

If there are immediate and serious safety risks associated with your building, the regulator may intervene quickly to protect occupants and the surrounding environment. Structural issues, fire safety risks or a newly identified health hazard such as mold or asbestos could trigger a review.

2. Recent incidents or failures in similar buildings

If there have been recent incidents or failures in similar buildings or structures, the regulator may prioritise similar buildings to prevent potential issues from escalating.

3. Further changes in regulations or standards

If there are updates to building safety regulations or standards that impact the assessment of high-risk buildings, the regulator may accelerate the intervention process to ensure compliance with the latest requirements.

4. Public concern or pressure

Public awareness and concern about the safety of a particular building may prompt the regulator to expedite the assessment to address public safety perceptions and provide timely reassurance.

5. Emergencies

In cases of emergencies, such as natural disasters or sudden structural issues, the regulator may act swiftly to assess the building's safety and take necessary actions to mitigate risks.

6. A serious incident occurs in one building in a portfolio

In cases where owners have multiple high-risk buildings, a serious incident in one asset may trigger a review across the wider portfolio as the BSR seeks reassurance that the incident wont be repeated.

7.  A history of non-compliance

If a building owner or manager has failed to address safety recommendations or rectify identified issues within a stipulated timeframe before, the regulator may intervene sooner to enforce compliance.

8. Collaboration with other authorities

Cooperation with other regulatory bodies or emergency services may lead to a quicker intervention, especially if there are indications of imminent safety threats.

9. High population density

Buildings with a higher population density, may be prioritised due to the potential for more significant consequences in the event of a safety failure.

10. National security concerns

In cases where there are national security implications associated with a high-risk building, the regulator may expedite the assessment and intervention process to address any security risks promptly.