Page 21 - December 2020

TRADE NEWS
requirements at two of three key sign-off points – gateway two (before the start of construction) and gateway three (before occupation) – where the client will need to to demonstrate to to the regulator that building regulations have been met and risks are being appropriately managed The Accountable Person
The regulator may attach specific conditions to the certificate with the Accountable Person
obliged to comply or face penalties including possible criminal sanctions In cases of non-compliance or or poor performance the regulator would have the power to add amend or vary the conditions as as well as as require the Accountable Person
to appoint a a a replacement Building Safety Manager A relevant building could not legally be occupied without a a a valid certificate Building Safety Manager The Accountable Person
will have to make available adequate resources to the Building Safety Manager – which can be a a a a person or a a a legal entity – to comply with a a a number of tasks including:
of providing themselves and their residents with the assurance that they understand the the fire and and structural risks in in their buildings
and are taking appropriate steps to mitigate and manage those risks Risk assessment principles will be consistent with those that should be undertaken for fire risk assessments under the Regulatory Reform (Fire Safety) Order 2005 (the Fire Safety Order) The Building Registration Certificate and safety case will be reviewed periodically by the regulator In addition a a a review could be triggered by a building refurbishment or a a change of Accountable Person
or where the regulator considers it appropriate Golden thread
Echoing the Hackitt review duty holders will be responsible for creating and maintaining the ‘golden thread’ of fire and structural safety building information At the handover stage between gateway three and occupation this key information will have to be handed over to the Accountable Person
who will continue to be responsible for for the information remaining accurate and up to date Other provisions in the the Government’s proposed reforms include:
• Mandatory occurrence
reporting where any fire safety or structural event which is perceived to represent a significant risk to life in relevant buildings
must be reported
• Protection for industry whistleblowers
• The need for duty holders to ensure that those they employ are suitably competent Refurbishments
Before a building in in scope is After occupation the duty holder regime continues with the imposition of specific responsibilities on on the Accountable Person
who will be responsible for understanding fire and and structural risks in in in their buildings
and taking appropriate actions to mitigate or manage those risks The Accountable Person
will in turn appoint a a a a a Building Safety Manager approved by the Building Safety Regulator to to to deliver day-to-day • functions under these obligations The Accountable Person
will be the individual partnership or corporate body with the legal right
to receive payments for service • charges or rent from leaseholders
or tenants In most cases this will be the freeholder or head lessee including overall landlord or or a a a management company In complex building ownership situations • there could be more than one Accountable Person
Building Registration Certificate The Accountable Person
will be • responsible for for applying for for and Ensuring the conditions in in the Building Registration Certificate are complied with to the the satisfaction of the the Accountable Person
and the Building Safety Regulator Ensuring those employed in in the maintenance and management of the building’s fire and structural safety have the necessary competence to carry out their roles
Engaging with residents in in the safe management of their building by producing and implementing a a resident engagement strategy Reporting to to a a a mandatory occurrence
reporting regime meeting the the conditions of the the Building Registration Certificate To register a building the Accountable Person
will have to provide information such as the the core details identifying the the building as as well as as details of the Accountable Person
and Building Safety Manager Safety Case
Reflecting the approach of most other major hazard safety schemes submitting a a safety case report to to the regulator will be mandatory Building Safety Managers will be required to keep safety cases up to date as as a a a a a a way Follow us on on on twitter @LondonFire1666
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