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Section 156 Building Safety Act: What does it mean for construction contractors?

Section 156 Building Safety Act: What does it mean for construction contractors?

Since it came into force with a phased introduction from January 2023, the Building Safety Act has had far-reaching implications for the construction industry. Prompted by the Grenfell Tower tragedy, the Act aims to improve safety standards by ensuring all stakeholders involved in the design, construction, ownership and management of buildings adhere to strict guidelines.  

Section 156 of the Building Safety Act significantly strengthens existing fire safety legislation by amending the Regulatory Reform (Fire Safety) Order 2025 (RRO); the primary piece of fire safety legislation in England and Wales. 

Here, we provide a helpful summary of Section 156 of the Building Safety Act and consider its broader implications for contractors within the construction industry.

 

Fire safety: What does Section 156 change?

Section 156 of the Building Safety Act makes several key changes to the RRO. This impacts how fire safety is managed in applicable buildings, especially those deemed ‘higher risk’. It does this primarily by creating new duties for ‘Responsible Persons’, as well as increaseincreasing the penalties for non-compliance.

Higher risk buildings are defined by the Building Safety Act as buildings which are at least 18 metres in height or have at least 7 storeys, and contain at least two residential units. This excludes buildings that are used entirely as a care home, hospital, secure institution, hotel or military barracks.

 

In brief, key changes introduced by Section 156 of the Building Safety Act include:

    • Clearer responsibilities: Section 156 increases and clarifies the roles and responsibilities of those with duties imposed by the Regulatory Reform (Fire Safety) Order. This helps to ensure that everyone involved in the management of a building takes fire safety seriously and fully understands their obligations. 
    • Focus on documentation: Section 156 mandates full documentation of fire safety risk assessments, not just significant findings. This ensures a comprehensive record of fire safety measures and helps to ensure that risks are identified and addressed earlier. 
    • Cooperation and communication: Section 156 requires enhanced cooperation between Responsible Persons and better coordination of fire safety measures where there are multiple responsible persons in one building. It also empowers residents by making sure they are provided with relevant and easy to understand information on the fire risks in their building, and the safety measures in place.  
    • Penalties for offences: Section 156 increases the penalties for offences laid out under Article 32 of the RRO. The maximum fine for most offences was previously capped at £1,000. This cap has been removed, allowing courts to impose unlimited fines 

These changes, and their inclusion in the Building Safety Act, raise the profile of RRO, sending a clear message that fire safety is a top priority that cannot be ignored.

 

How will Section 156 of the Building Safety Act impact the construction supply chain?

Section 156 primarily focuses on the role and responsibilities of those who manage and occupy buildings. However, the increased emphasis it places on responsibility and accountability for fire safety will invariably impact construction suppliers and contractors in several important ways.  

First and foremost, the inclusion of Section 156 in the Building Safety Act raises the bar for fire safety throughout the entire lifecycle of a building. Fire safety considerations will need to be integrated into every stage of work, from planning and design to execution and completion. This means that every person involved at every stage of construction will need to be more diligent, actively considering fire risks as an essential element of their participation in a project.  

So, how can workers be more diligent in ensuring fire safety throughout a construction project? 

The introduction of BS 8670-1:2024 provides a structured approach to ensuring individuals and organisations involved in construction have the necessary skills, knowledge and behaviours to uphold fire safety throughout a project’s life-cycle. 

A key element is the emphasis on “responsible persons” – individuals or teams accountable for fire safety at different project stages. Their duties extend beyond compliance to actively embedding fire risk management into decision-making processes – making it an integral part of every stage, rather than an afterthought. 

For more information, click here to access our Building Safety Act FAQs.

 

The construction sector as a whole will need to focus on: 

    • Ensuring high quality workmanship, including proper installation of fire safety measures such as fire doors, alarms and sprinkler systems. Below par work could lead to significant penalties. 
    • Providing transparency on materials used, design decisions and ways of working. Collaboration between all stakeholders in a construction project will help to ensure fire safety is both literally and figuratively built in. 
    • Good record keeping, with contractors expected to maintain and provide accurate records of their work, including fire risk assessments and safety tests. 
    • Proving competence, as both the Building Safety Act and RRO stress the need for competency among those involved in fire safety. The construction workforce should prioritise training and verification, to demonstrate they possess the skills and knowledge needed to work in a way that prioritises fire safety.  

Trust and transparency will be a priority, and competency a critical requirement. So, buyers for construction projects will be seeking contractors that can not only demonstrate compliance with the Building Safety Act, but also show that they have processes to support the intention of Section 156.  

The ability to evidence compliance and due diligence should therefore be a number one priority for any contractor or subcontractor within the construction supply chain. 

 

How can Constructionline help? 

Created for construction subcontractors, our BSA Assessments offer an official, industry-agreed seal of approval for your organisation’s skills, knowledge, experience and behaviours. They have been developed in partnership with industry experts and cover both standard construction and higher-risk buildings or trades. 

For increased convenience, the BSA Assessments build on Constructionline’s Common Assessment Standard, gold membership and social value question set, and Acclaim’s SSIP Certification. So, if you’ve completed these as part of your current Constructionline membership, you’ll only need to answer a limited number of new questions. 

You can find out more about our BSA Assessments and find all the resources you need to deepen your understanding of the Building Safety Act, its impacts on the Construction Industry and your obligations in our BSA Hub.

 

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