The Building Safety Act - what's coming into force in 2023?

The Building Safety Act is a hot topic in the construction industry at the moment.   We were very pleased to be joined by Murray Steel of Axiom Advocates at this month’s HM Construction Club event, where he took us through some of the key elements implemented by Act so far and how this has impacted the law and practice within the construction industry throughout the UK.

The Government has now published the Building Safety Act 2022 (Commencement No 4 and Transitional Provisions) Regulations 2023, SI 2023/362, which bring specified provisions of the Building Safety Act 2022 (affecting England and Wales) into force on 1 and 6 April 2023; and 1 October 2023.

The key provisions coming into force on 1 April 2023 include those that will empower the Building Safety Regulator (BSR) to carry out its statutory functions, including in relation to the higher-risk building regime.

Among the provisions coming into force on 6 April 2023 are those that will enable the registration of occupied higher-risk buildings with the BSR.

Finally, on 1 October 2023, s.156 of the Act will come into force, which amends the Regulatory Reform (Fire Safety) Order 2005.

Whilst many aspects of the Act do not extend to Scotland, perhaps the most significant change relates to regulation surrounding the supply, manufacture, marketing or installation of construction products. These new provisions (which are given effect in Scotland under s. 151) equip claimants with new “rights of action” against persons who (i) fail to comply with construction product requirement; (ii) make a misleading statement about a construction product in the course of marketing or suppling it; or (iii) manufacture a construction product which is inherently defective.

The Act confers powers on the UK Government to make regulations applicable to Scotland governing the supply and marketing of construction products and it is anticipated that this secondary legislation will be implemented at some point this year – watch this space.