The Building Safety Regulator (BSR) was established to oversee building control in higher-risk buildings (HRBs) in the UK, ensuring compliance with new safety standards introduced after the Grenfell Tower tragedy. Recent data shows that BSR’s application validation and approval processes have faced significant scrutiny, with delays, rejections, and bottlenecks being common issues.
Approval and Rejection Overview
According to recent updates from the Fire Protection Association (FPA) and the Health and Safety Executive (HSE), many building projects are stuck in limbo due to the BSR’s stringent requirements. The regulator has emphasized that applications must meet rigorous design and safety benchmarks, particularly under Gateway Two, where work cannot commence until plans fully meet functional building regulation standards. However, many applications are being rejected or delayed due to incomplete or insufficiently detailed submissions.
Reasons for Application Rejections
Several factors contribute to the rejection of BSR applications:
- Incomplete Design Information: A major issue stems from applications lacking the required level of detail. The BSR has clarified that while certain design elements may evolve over time, the application must provide enough detail to demonstrate compliance with safety regulations. Some applicants mistakenly believe that less-complete designs are permissible, leading to confusion and rejection.
- Regulatory Misunderstandings: There appears to be a disconnect between the industry’s expectations and the BSR’s regulatory requirements. Despite BSR’s efforts to clarify its expectations, some industry professionals feel the communication has been inconsistent. This has resulted in many applications being rejected for failing to meet compliance expectations at critical gateways (https://www.gov.uk/guidance/manage-a-building-control-application-for-a-higher-risk-building).
- Transition Issues with Building Control Approvers: The cessation of operations by key building control approvers like AIS Surveyors Ltd has compounded the problem. Projects handled by these firms were transferred to the BSR, creating an unexpected surge in workload and delays. Some applications are rejected simply due to incomplete documentation during these transfers.
- Complexity in Higher-Risk Building Requirements: HRBs, defined as buildings with at least seven stories or those exceeding 18 meters, face more stringent scrutiny. Ensuring these buildings meet all safety standards often results in lengthy back-and-forth between applicants and the BSR, leading to rejected applications due to missing or inadequate documentation.
Challenges and Future Implications
The delays and high rejection rates have led to project stalls, impacting developers and the construction industry. The BSR has been urged to expedite its processes to mitigate the economic impact of these delays. According to Ian Fletcher from the British Property Federation, it is critical for the BSR to maintain clear communication to help stakeholders plan better amid these disruptions.
Additionally, the increased workload on the BSR is attributed to unanticipated volumes of transferred applications. This has highlighted the need for improved industry-wide understanding of the new regulatory regime and a potential review of the BSR’s resources and processes to handle the growing demand.
Conclusion
The BSR’s role is pivotal in ensuring the safety of high-risk buildings, but the current rejection and delay rates highlight challenges in aligning industry practices with regulatory expectations. For smoother approvals, applicants must ensure meticulous attention to detail and thorough understanding of the BSR’s guidelines. As the BSR continues to refine its processes, industry stakeholders must also adapt to the evolving regulatory landscape to avoid further delays.
