Building Safety Act Whitepaper – The Secondary Legislation: Part One – Understanding Competence Responsibilities

Understanding competence responsibilities in the secondary legislation

A shared responsibility among all stakeholders involved in a project, including clients, designers, and contractors, underscores the significance of competency. In this whitepaper, we take a closer look at understanding competence responsibilities in light of the secondary legislation.

In this whitepaper we cover:

• What is the secondary legislation to the UK Building Safety Act 2022?
• Competence framework overview
• Competence obligations and practical implications
• How Constructionline can help you achieve proportional compliance
• Meeting competence requirements
• Ceasing to be competent

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Background to the Building Safety Act 2022 

In July 2020, the Government introduced the Draft Building Safety Bill, aimed at advancing comprehensive reforms to the building safety system and addressing concerns identified by Dame Judith Hackitt DBE in her independent review, “Building a Safer Future.” 

The new regime under the BSA 2022 applies from and including 1 October 2023, and applies to both occupied buildings and those under construction. From and including 1 October 2023, new buildings that fall within the regime and are “completed” after this date must be registered before the building is occupied. 

The Building Safety Act 2022 stands as the primary legislative framework that legally establishes building safety standards throughout the design, construction, and occupation phases. While the Act’s practical implementation will depend on detailed regulations, often referred to as Statutory Instruments, these secondary legislations will provide specific guidance on its enforcement.