A new central register and a certification scheme have been launched for building safety managers following the final report and proposals for Working Group 8 – part of the industry response group tasked with developing a new framework of competence for the new Building Safety Manager role (part of the
Construction site accidents are very common and can range from minor to fatal. The BLS estimated that around 150,000 construction accidents happen every year in the United States. Insurance should cover you in most instances, but there are cases when things are a bit complicated. You might soon realize that
The long-awaited Building Safety Bill, published on Monday 5 July, sets out the legislation for the new building safety regulatory regime to ensure the safety of people and their homes. The Bill introduces significant changes to building safety regulation, as recommended by Dame Judith Hackitt in her Independent Review of Building Regulations and Fire Safety, and introduces the new Building Safety Regulator to oversee the
Revenues rose by 75% to £160m, as Churchill sold 413 retirement homes in the twelve months to 30 June 2021, 48% more than the same period last year. The Group swung strongly back into the green, with sector leading margins of 26.9% generating an operating profit £43.0 million (vs loss
Leading safety and compliance expert, Bureau Veritas is encouraging landlords and duty holders to prepare for the Fire Safety Act 2021 which will make significant changes to fire safety regulation – describing the legislation as a new era for building safety. Given Royal Assent on 29th April this year, the
The end of July marked the second reading of the Building Safety Bill in the House of Commons. There were a number of new items and changes, which we are in the process of analysing. Highlights of the second reading: Jenrick stated that dwelling fires were at the lowest point
Comment from Warwick estates… COO of Warwick Estates, Bethan Griffiths, commented: “Whilst we welcome the government’s about turn on deeming 800,000 affected flats now safe, one wonders why it took four years for this to be ascertained. Meantime over £190billion worth of UK property assets has been held in limbo,
Latest annual planning performance statistics for 2020/21 showing a 17 week increase in the average decision time for major housing development to 54 weeks are unacceptable, according to home building body Homes for Scotland (HFS). The figure represents a +40 per cent rise on the previous year and is more
Following the publication of the Building Safety Bill today, I am sharing commentary from Scott Steedman, Director-General, Standards at BSI. He said: “We welcome the new measures set out in the government’s Building Safety Bill. The Bill provides a new regulatory framework that will steer the improvement of practices in
Building surveys are often misunderstood by the general public as an unnecessary report relating to the purchase of a property. There’s also a misconception that surveys are only necessary if you’re purchasing a residential property, but commercial surveys are just as important and necessary. Surveys of commercial properties vary in
A new central register and a certification scheme have been launched for building safety managers following the final report and proposals for Working Group 8 – part of the industry response group tasked with developing a new framework of competence for the new Building Safety Manager role (part of the Building Safety Bill). The Building Safety Alliance, an independent industry-led ‘not for profit’ organisation, has been formed by representatives of both the public and private sectors. It aims to implement certification of people wishing to deliver the role of building safety manager (BSM) and produce a publicly accessible register of those certified by the scheme. In due course, it will also work with others to evaluate how organisations that wish to deliver the function of the BSM can be assessed as having the organisational capability to do so. It will also look at how to assist contractors and suppliers involved in higher-risk buildings in delivering a competent workforce that understands how to ensure that residential buildings are safe. The role of the Building Safety Manager, which the accountable person will have to ensure is in place, will be to comply with a number of tasks including: Ensuring the conditions in the Building Registration Certificate are complied with to the satisfaction of the Accountable Person and the Building Safety Regulator Ensuring those employed 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 the safe management of their building by producing and implementing a resident engagement strategy Reporting to a mandatory occurrence reporting regime. Building Safety Managers – the future for compliance? Simon Ince, Project Engineer at UL, explores why defining the future role of Building Safety Managers is imperative to improve the standards of building management to protect people from fire and other risks. This is the first of two articles, the second of which can be found here: Competence – A fundamental part of building safety Keeping people safe inside buildings is vital for those responsible for a building’s management, particularly in a multi-occupied residential or a high-risk setting. To keep people safe, those with the duty of care must have a robust management system in place. They must take safety seriously and plan and resource accordingly. Astonishingly, however, many buildings are still managed haphazardly and without structure or control. Sometimes building managers have questionable competence, caused by management teams imposing safety duties on employees without providing sufficient training or support. One new development that will undoubtedly improve the standard of management within buildings is the acceptance of a standard definition of the role of Building Safety Manager (BSM). As part of the work following the Grenfell Tower fire tragedy and the recommendations of Dame Judith Hackitt, this key position has been subject to much discussion. A position which was undoubtedly insufficiently defined, vague and open to interpretation as to what responsibilities and duties were required. More importantly, there was little consensus on which key life safety critical roles BSMs must undertake. How must this position be defined? Currently the British Standards Institution (BSI) is rapidly developing, via its Flex project, a Publicly Available Standard (PAS) document that will provide clear guidance on the role of the BSM. This PAS will draw influence from the recommendations made by the Competence Steering Groups Working Group 8, who published “Safer People, Safer Homes: Building Safety Management.” This document sets out the competences required for any person or an organisation holding the role of BSM. What will a PAS for the BSM facilitate? With good management of a building being so important for safety, having an accountable person with defined responsibilities and duties will help with the routine management of the property. The existence of well trained and qualified professionals overseeing vital maintenance, inspections, procurement and repairs should reduce risk and help ensure that issues are dealt with promptly. In addition to the physical fire protection measures, BSMs will help with engaging with residents, keeping structured records and reducing risk to as low a level as is reasonably practical through a safety case approach. This will help improve safety within those buildings in scope and for those owners’ operators who use the PAS as a guide to compliance. Why is this role innovative? The work around the BSM is part of a wider movement to increase accountability, competence and traceability in the housing and construction sectors, and having a BSM taking control of occupied buildings is a smart and obvious thing to do. Can smart and obvious be innovative? Absolutely, as the role of a professional building safety manager is much needed! UL continues to support the drive in the UK for improved standards by offering independent testing, inspection, training and certification services.
Construction site accidents are very common and can range from minor to fatal. The BLS estimated that around 150,000 construction accidents happen every year in the United States. Insurance should cover you in most instances, but there are cases when things are a bit complicated. You might soon realize that your construction company cares more about their bottom line than you and the insurance company is not on your side. Let’s take a look at a few reasons why you should consider hiring an attorney after a construction accident. You’ll Get Access to their Legal Expertise The first reason why you should work with an attorney is so you can take advantage of their experience. They will be able to answer any questions that you have, but more importantly, allow you to avoid potentially disastrous mistakes. Insurance companies will not hesitate to use dirty tricks to get you to incriminate yourself or try to invalidate your claim. A lawyer will explain how to handle an injury if you’re a construction worker, and the steps you need to take to get full compensation. They will look over the whole facts of the case and have experts to retrieve important information that could help you. They will then be able to tell you what you can realistically expect to get and the proper course of action to take. Help You If Your Claim Has Been Denied Like we mentioned earlier, you should be covered under your insurance scheme if you were injured during work or on the job site. But there are cases when your claim might be partially or totally denied. This can be incredibly distressing to you if you have lost income and are dealing with serious injuries. This is another situation where an attorney could help. They Can Help You With Negotiations There are also cases when you might be able to file a claim directly against your employer. This is often when there’s negligence involved. If it was proven that they were negligent, you may be able to file a liability claim against them. Here, you will either have the choice of going to court or settling. Settling does not necessarily mean that you get less. Lawyers will often ask for a large portion of the judgment if they have to represent you in court, and it’s understandable when considering all the extra resources that have to be deployed. Having a master negotiator by your side will be essential. It’s also important that you choose a lawyer willing to go all the way for you, and they need to have the track record to prove it. Check how many times the lawyer has gone to court and the judgments they were able to get. This will let you know if they’re pushing for a settlement for your interest, or because they don’t want to bother with going to court. These are all major reasons why working with a construction accident attorney could be a good idea. If you feel like you’re being slighted by your employer or their insurance company in any way, we suggest you consult one right now.
The long-awaited Building Safety Bill, published on Monday 5 July, sets out the legislation for the new building safety regulatory regime to ensure the safety of people and their homes. The Bill introduces significant changes to building safety regulation, as recommended by Dame Judith Hackitt in her Independent Review of Building Regulations and Fire Safety, and introduces the new Building Safety Regulator to oversee the new safety regime. Responding to the publication of the Bill, Victoria Moffett, Head of Building and Fire Safety Programmes at the National Housing Federation said: “We welcome the publication of the Bill as an important milestone. It is the next step in overhauling the building safety regulatory system to make sure a tragedy like the fire at Grenfell Tower never happens again. “It’s positive to see the government acknowledge today that private developers are ultimately responsible for the poor workmanship which has led to so many safety issues. And, that these developers should therefore cover the costs of the work, rather than homeowners or those in social housing. “But many questions remain about what will happen in practice. “Giving leaseholders longer to pursue private developers for compensation could help some people, but unfortunately not everyone who is struggling to pay enormous building safety bills. There was also no announcement about other financial support for leaseholders today. “The government has rightfully made it a legal requirement for building owners to pursue all other options before passing any building safety costs on to leaseholders. Not-for-profit housing associations have already been doing this but we are concerned to hear of cases where they have not been successful and housing associations will have no other choice but to still pass on costs to homeowners or shared owners in their buildings. “There was also no funding for housing associations remediating social housing announced today. Charitable housing associations have so far been unable to access existing government funds. They are already diverting billions of pounds away from the upkeep of their social homes and away from building new social housing in order to make safe homes they bought in good faith. “If the government want to avoid bills being passed on to homeowners and fewer affordable homes getting built over the next decade, they will need to cover all building safety costs upfront and claim the costs back later from the companies they acknowledge are responsible – such as private developers.” We will continue to set out the case for funding for social housing providers to the government, MPs and key stakeholders. Our Policy team is examining the Bill, in particular what it means for housing associations, and we will be publishing a full briefing for our members in the coming weeks. If you would like to join the building safety mailing list for email updates, please login or create an NHF account, go to My Account and set your communication preferences. Alternatively, please email communications@housing.org.uk. Please note this mailing list is for housing association members only.
Revenues rose by 75% to £160m, as Churchill sold 413 retirement homes in the twelve months to 30 June 2021, 48% more than the same period last year. The Group swung strongly back into the green, with sector leading margins of 26.9% generating an operating profit £43.0 million (vs loss of £5.8m in 2020). A firm rebound in consumer confidence has helped to generate strong momentum in sales activity, with 7% of future sales already secured as at 30 June 2021. New growth plan launched today, with a target of achieving 1,000 retirement home sales in 2025 whilst maintaining market leading margins, creating more jobs across every part of the Group and achieving a countrywide presence Chairman, CEO and co-founder Spencer McCarthy, who is the son of the co-founder of McCarthy & Stone, has also hit out at obstacles holding the sector back including the broken planning system and reversal of the exemption of retirement housing from a future ban on ground rent Commenting on the results, Spencer McCarthy, Chairman and Chief Executive Officer of Churchill said: “I am very pleased to report a strong financial performance and a return to profitable growth after a year dominated by our response to Covid-19. Our priority throughout the pandemic has been ensuring the health and wellbeing of our apartment Owners, Colleagues and wider stakeholders and I would like to thank them all for their continued support. During the year we saw a rebound in consumer confidence, with the loneliness of lockdown causing many people to think hard about their living situation and consider the benefits of moving to a safer, lower maintenance home with more support and opportunities to socialise. This helped to generate strong momentum in sales activity, which has continued to build since the third lockdown lifted in March 2021. With a strong forward order position, an experienced team, and a clear focus and understanding of what our Customers need, this underpins our confidence looking ahead. As a result, we are today announcing a new growth plan, with a target of achieving 1,000 property sales in 2025 whilst maintaining market leading margins, creating more jobs across every part of the Group and achieving a countrywide presence. There are now more than 12 million over-65s in the UK and that figure is expected to rise by 41 per cent to nearly 18 million by 2024. However, there is a severe shortage of housing being built specifically for these growing numbers of retirees. To meet demand, we need 30,000 more retirement housing dwellings every year for the next 10 years. Our growth plan will not only help take Churchill to the next level, but further support the UK’s growing need for retirement housing. Nonetheless, we continue to face an uphill battle in several areas where reform is desperately needed help to unlock the UK’s housing supply. The planning system remains broken, with protracted Section 106 negotiations and long appeal delays, and the reversal of the exemption of retirement housing from a future ban on ground rent will impact the supply of good quality, affordable retirement housing. These obstacles continue to hold back development and make it more difficult to deliver the genuine mix of housing types our country needs.”
Leading safety and compliance expert, Bureau Veritas is encouraging landlords and duty holders to prepare for the Fire Safety Act 2021 which will make significant changes to fire safety regulation – describing the legislation as a new era for building safety. Given Royal Assent on 29th April this year, the Act will amend the Regulatory Reform (Fire Safety) Order 2005 and aims to make it clearer where responsibility for fire safety lies. The new laws apply to buildings containing more than one home that are more than 18 metres or six/seven stories in height and seeks to respond to the outcomes of the Hackitt Review. The Fire Safety Act 2021 clarifies that the responsible person or duty holder for multi-occupied, residential buildings must “manage and reduce the risk of fire” posed by the building’s structure, and most notably external wall systems, including windows and balconies, and individual occupants’ entrance doors. Under the clarification, fire and rescue services will be authorised to take enforcement action and hold building owners to account if they are not compliant. This latest law follows on from various action already taken designed towards strengthening the whole regulatory system for building safety, including new sprinkler requirements and the forthcoming Building Safety Bill which was presented to Parliament on 5th July 2021. John O’Sullivan MBE, Technical Director – Fire Consultancy at Bureau Veritas, states: “The approval of the Fire Safety Act marks a significant step in the right direction to mitigate the fire risk in relation to life safety and building safety and is one of the biggest outcomes of the Grenfell Inquiry to date. The government is expected to release further guidance on the Act later this year, as there is further consultation currently taking place in relation to the stay put policy and evacuation procedures for high rise residential properties. “Therefore, we would encourage any landlord or duty holder to take stock of the new changes already in place and review its current fire risk assessments policies. The Fire Safety Act potentially poses new challenges for duty holders, with the inclusion of the building structure, external walls, balconies and windows now forming part of a fire risk assessment process, and with the onus now firmly placed on duty holders to get it right, its essential these are done properly.” The Fire Safety Act also provides a foundation for secondary legislation to take forward recommendations from the Grenfell Tower Inquiry phase one report, including lift inspections, reviewing evacuation plans and fire safety instruction for residents. The upcoming Building Safety Bill, which was placed before parliament on 5th July 2021, and is expected to be passed into law by 2022, this is likely to include parts of phase two recommendations of the Grenfell Inquiry that will enact a change in Building Regulations. John continues: “With these new changes enforced by the Fire Safety Act, and more updates to come in the near future, it may seem a daunting task for landlords or a residential buildings duty holders to keep on top of the regulations to ensure risk assessments are accurate. However, third party health and safety firms, like Bureau Veritas, are able to conduct compliant fire risk assessments and make recommendations for necessary changes to mitigate the risk to ensure homes remain safe.” Bureau Veritas offers a comprehensive range of fire and life safety consultancy services to suit all requirements, including fire risk assessment, fire engineering, building control and fire science. The testing, inspection and certification expert offers duty holders the unique opportunity to select the services they require to help improve fire safety management in their buildings, whilst benefitting from the cost-efficiencies of a combined service. For further information on how Bureau Veritas can support with fire risk assessments and fire and life safety strategies call 0345 600 1828 or visit www.bureauveritas.co.uk
The end of July marked the second reading of the Building Safety Bill in the House of Commons. There were a number of new items and changes, which we are in the process of analysing. Highlights of the second reading: Jenrick stated that dwelling fires were at the lowest point since 1981 and expert guidance had five recommendations to correct the disproportionate reaction to safety in some parts of the market: EWS1 forms should not be a requirement on buildings below 18m. Where there are known concerns this should be addressed through risk management. All major lenders, including HSBC, welcomed the advice that EWS1 forms should not be a requirement on buildings below 18m. The new Building Safety Regulator would have the powers to enforce the rules set out by the new framework. All buildings would have an individual that is accountable and responsible for safety, and non-compliance would be a criminal offence. Whilst also being able to tackle bad practice, the Bill will have the ability to remove construction products that were unsafe from the market The Bill will strengthen redress for people who were buying a new build home through provisions for the New Homes Ombudsman, who will resolve complaints between buyers and developers. He reaffirmed the commitment in the Bill which will retrospectively extend the period in which compensation can be claimed for defective premises from 6 to 15 years. The scope of the work for which compensation can be claimed will also be expanded to include future major renovation work. He stated that he hoped builders, in time, would extend their warranty for this period. He forecasted that over 1,000 buildings with non-ACM unsafe cladding will receive support through the Building Safety Fund. 5 recommendations within the speech that government will support and act upon: EWS1 forms should not be a requirement on buildings below 18 metres. In the small number of cases where there are known to be concerns these should be addressed primarily through risk management and mitigation. There should be a clear route for residents/leaseholders to challenge costly remediation work and seek assurance that proposals are proportionate and cost effective. Government should work with the shadow Building Safety Regulator to consider how to implement an audit process to check that fire risk assessments are following guidelines, not perpetuating the risk aversion we are witnessing, in some instances, at the present time. Fire risk assessors, and lenders should not presume that there is significant risk to life unless there is evidence to support this. This would ensure that they respond only to the evidence and adopt a far more proportionate and balanced approach. It was confirmed that the building safety fund will re-open for registrations in the Autumn 2021 – we will notify our members when registration is open. Please also note that the we will be sending out updated RICS guidance regarding EWS1 forms when it has been published. The Bill will now enter its Committee Stage when Parliament returns in September, we will ensure members are kept up to date with the passage of this Bill at all times. Click here to read the full written statement to Parliament.
Comment from Warwick estates… COO of Warwick Estates, Bethan Griffiths, commented: “Whilst we welcome the government’s about turn on deeming 800,000 affected flats now safe, one wonders why it took four years for this to be ascertained. Meantime over £190billion worth of UK property assets has been held in limbo, trapping owners into a seemingly unnecessary and protracted state of anxiety. Notwithstanding the relief of hundreds of thousands of leaseholders, hundreds of freehold apartment owners including asset managers and property investment houses can also now restore these assets to full value on their balance sheets Wiping out one-fifth of a trillion pounds in property value is equal to around 9.7% of GDP and was likely to be somewhat missed economically.”
Latest annual planning performance statistics for 2020/21 showing a 17 week increase in the average decision time for major housing development to 54 weeks are unacceptable, according to home building body Homes for Scotland (HFS). The figure represents a +40 per cent rise on the previous year and is more than three times the statutory requirement of 16 weeks. Decision times were quickest for “business and industry” at 22.4 weeks. HFS Director of Planning Tammy Swift-Adams said: “It was to be expected that the processing of planning applications would be affected by Covid-19 but the scale of change in relation to major housing applications is difficult to understand, particularly given the +40 per cent drop in the actual number of applications in the corresponding period and the fact that figures for business and industry have improved. “In light of the economic lifeline that has been delivered by construction over the last year or so, and with demand for new homes of all tenures remaining high, why should this crucial sector take more than double the length of time to determine when compared to applications for business and industry? Such delays only exacerbate existing supply problems and do not bode well for new affordable housing targets. “Regardless, it is unacceptable that any applications take more than a year. Only last week, the Directorate of Planning and Environmental Appeals reported that it had avoided accumulating any backlog in case work despite the pandemic. It is disappointing local authorities were not able to adjust business practices as quickly or effectively and highlights the need for planning services to be better resourced.”
Following the publication of the Building Safety Bill today, I am sharing commentary from Scott Steedman, Director-General, Standards at BSI. He said: “We welcome the new measures set out in the government’s Building Safety Bill. The Bill provides a new regulatory framework that will steer the improvement of practices in the design, construction and building management sector, particularly in relation to safeguarding the safety of residents in high-rise residential properties. “BSI is working closely with the Ministry for Housing, Communities and Local Government (MHCLG) and the new Building Safety Regulator to support the implementation of the Bill in our role as the UK National Standards Body. Our Built Environment Competence Standards programme, launched last year, will support the new legislation, along with the industry training and qualification schemes that will follow and provide a basis for third party accreditation of building safety competence at all levels and across all roles, functions, tasks and activities. We will be publishing specific standards aimed at the competence requirements of the three key roles regulated under the Building Safety Bill, which are those of Principal Designer, Principal Contractor and Building Safety Manager. “Over time we expect that the combination of the new Bill and the competence standards will bring a much needed change of culture to the entire Built Environment sector and long term benefits to the public, living and working in buildings, to the workers in the sector and to the building owners.” Please do let me know if you have any question about the Build Environment Competence Standards programme.
Building surveys are often misunderstood by the general public as an unnecessary report relating to the purchase of a property. There’s also a misconception that surveys are only necessary if you’re purchasing a residential property, but commercial surveys are just as important and necessary. Surveys of commercial properties vary in terms of the necessary requirements of the party commissioning the survey and they are often more detailed and complex than residential surveys. Whether you’re selling, buying or leasing a commercial property, there are several commercial building surveys to consider. Building Survey If you’re interested in purchasing a commercial property, a building survey provides you with a detailed report of the condition of the property you’re buying, selling or leasing. It highlights any defects the building may have, as well as advising any maintenance that might be needed in the future. A building survey explains the state of the building, the materials it’s made from and if any hazardous materials, such as asbestos, have been used in the building. The nature of commercial leases means that the tenant is often liable for repairing the property, so a building survey is an essential report to invest in prior to signing on the dotted line to clarify that the building is in good condition. It’s important for tenants to understand if any costly repairs will be necessary in the future, as this could affect lease negotiations and budgets considerably. Technical Due Diligence Reports Property due diligence is a series of steps that investors need to make before purchasing an investment property, ensuring that everything is in order and in good condition before you complete the sale. A Due Diligence Report fully evaluates the property before you buy it, highlighting if there are any potential risks involved with the purchase. This includes whether the price reflects the value of the property, the local area, potential rental yield and the buyer’s property investment strategy. Specialist building surveyors will review the leases associated with the property, any related construction information and warranties, as well as service charge agreements. Schedule of Condition Report A Schedule of Condition records the condition of the property at the time of the survey. For those signing a lease on a commercial building, it might be possible to limit your liability for maintenance and repairs if you undertake a Schedule of Condition survey prior to signing the contract. This report can wind up saving tenants thousands of points at lease expiry and will include a detailed overview of the property, including photographs and descriptions of each element of the property. This report doesn’t just protect tenants though – it can also protect the interests of the owner, who might have invested in refurbishments for an incoming tenant and wants to make sure it stays in good condition when the lease ends. Schedule of Dilapidations A tenant has many responsibilities when they take on a commercial lease, from redecoration and reinstatement to repairing the premises if there’s been any damage or mistreatment. Failure to complete these repairs or necessary changes could mean a breach of their lease, which results in a landlord issuing a Dilapidations claim against them. Dilapidations claims can either be made during the lease term or once the lease has expired. A building surveyor can carry out a Schedule of Dilapidations survey which reviews any repair obligations that the tenant is responsible for and advise the best strategy for a settlement. The surveyor, in this instance, may act on behalf of the landlord or the tenant, to present different arguments which will be used in the negotiation process once the schedule has been served. Final thoughts Commercial property surveys are essential to ensure that both tenants and property owners are protected, but also to prevent unforeseen costs that come with buying, selling or leasing a property. Understanding the differences between the various commercial surveys and reports available is key to making sure that you are taking the right steps with your commercial property. It’s vital that commercial property surveys are undertaken by a qualified and experienced surveyor, and that the individual carrying out the survey is a member of the Royal Institution of Chartered Surveyors (RICS). This is because you can be sure that the surveyor has undergone on-going training and has the experience to back up their knowledge, but also because they will have comprehensive public liability insurance which not only protects them but also the tenant.
