Building Safety Bill: implementation to start from 1 August

Building Safety Bill: implementation to start from 1 August

This information is for general background knowledge concerning government’s proposals with Building a Safer Future. Subject to parliamentary scrutiny government proposes to bring the changes into effect from 1 August 2021.

Responding to the announcement FIS Technical Director Joe Cilia stated: “FIS has supported the development of the Building Safety Bill and the Building a Safer Future work that preceded it –we are fully behind these changes, supportive of the approach and encouraged that finally things are progressing to implementation.  As with any change there will be some wrinkles, but it is vital that, as a sector we use this regulatory change to drive the ongoing cultural reform that we know construction needs.  If members have any comments or questions that they want us to consider and feed in or around how these changes are likely to impact their work, don’t hesitate to get in touch”.

Building safety: Planning Gateway One
Following its consultation in June 2019 on proposals for reform of the building safety regulatory system, the government’s response published in April 2020 set out their plans for change. This involved the introduction of three gateway points which relevant developments / buildings must go through. Currently, relevant buildings are those which are 18m or higher or 7 or more storeys, whichever is reached first, and contain two or more dwellings or educational accommodation.

  • Gateway one – Planning

This has to demonstrate that the planning application incorporates thinking on fire safety.

  • Gateway two (Technical design & construction phase)

A building control application will be required, so this gateway provides a hard stop where construction cannot begin until the Building safety Regulator has approved the building control application.

  • Gateway three (Current building control completion / final certificate stage)

Provides a hard stop at which the Building Safety Regulator undertakes final inspections and issues a completion certificate. Prescribed documents and information on the as-built building will be required. Information must be handed over to the person9s) responsible for the building in use.

More information on Gateway one
This has two elements:

  • Requires the developer to submit a fire statement setting out fire safety considerations specific to the development with a relevant application for planning permission for development which involves one or more relevant buildings, and
  • To establish the Health & Safety Executive as a statutory consultee for relevant planning applications.

These requirements will be introduced via secondary legislation.

The fire statement must be submitted on a form published by the Secretary of State – see attachment for a draft fire statement form. (Click here view draft fire statement guidance). The questions to be answered will include information on:

  • The principles, concepts and approach relating to fire safety that have been applied to each building in the development
  • Site layout
  • Emergency vehicle access and water supply for firefighting purposes
  • What, if any, consultation has been undertaken on issues relating to the safety of the development and what account has been taken of this
  • How any policies relating to fire safety in relevant local development documents have been taken into account.

Fire statements will be required to include information on the entire development site as set out on the plan which identifies the land to which the application relates.

How are the fire statements different from the requirements of building regulations or the Fire Safety Order?
The fire safety matters contained in a fire statement are relevant only to the extent they are relevant to land use planning. The level of detail and focus of information should not contain the breadth and depth of information on fire safety which will be submitted at building control application stage. Requirements of the fire statement at planning stage will not duplicate or require compliance with the building regulations or the Fire safety Order and local planning authorities will not be responsible for any building regulation matters or the enforcement of building control requirements.

Change of use applications
Applications for permission for a material change of use of land or buildings will require a fire statement unless the application is for:

  • A material change in use of a relevant building and the material change of use would result in the building no longer being a relevant building
  • A material change in use of land or buildings within the curtilage of a relevant building.

Consultation between local planning authorities and HSE
A local planning authority is required to  consult HSE before granting planning permission for:

  • Developments which will involve or is likely to involve the provision of a relevant building
  • Development of an existing relevant building except where the development consists of a material change in use of a relevant building which would result in a building no longer being a relevant building
  • Development within the curtilage of a relevant building in the case of development consisting of a material change in use of land or building within the curtilage of the building.

A local planning authority must consult HSE on fire safety before granting permission to develop land without compliance with conditions if the authority considers it appropriate to do so.

For more information on Planning gateway one please click here.

Let’s keep talking

Let’s keep talking

This week marks Mental Health Awareness Week.  Research by CITB has shown that almost all construction workers have experienced stress in the last year, and more than a quarter have experienced suicidal thoughts.  FIS reported on the growing concerns for mental health on 29 January 2021 emphasising the training and support available for FIS members.

The focus for this week to improve and support good mental health is being close to nature, it won’t cure all problems, but it can help put things in perspective, take the pressure off and bring calm to daily lives.  Even just looking at wildlife, trees and plants from a window can help, although a walk exposes our senses to more of the nature around us.

CITB has published a story from Andy Stevens, a self-employed builder who hit rock bottom but who has since recovered “This has to stop.  Too many people are struggling, I hope my story can help.” You may find some parts of his powerful story familiar from your own experiences or those of colleagues.

Please take the time to find out about free help for you and those you work with, detailed below.

While the largest employers might offer support to workers, smaller companies and sole traders may not know how to access free assistance that’s available.  CITB is funding an initiative to help resolve this by providing accessible and consistent mental health support for everyone working in construction, including a standardised approach across the industry.  They also fund The Lighthouse Club charity to provide support, which has trained nearly 5,000 mental health first aiders in the construction sector who have helped around 6,300 people so far.

The Lighthouse Club delivers charitable, financial and emotional support to the construction industry.  If you would like to apply for financial or wellbeing support you can either call their 24/7 confidential Construction Industry Helpline on 0345 605 1956 in the UK, and 1800 939 122 in Ireland, download the helpline app (External link – Opens in a new tab or window), or submit your application online here (External link – Opens in a new tab or window).

If you feel your organisation needs to train and qualify someone with skills to support you employees FIS will be happy to assist, give us a call on 0121 707 0077 or email info@thefis.org.

Queens Speech sets the stage for investment in jobs and a greener, safer recovery

Queens Speech sets the stage for investment in jobs and a greener, safer recovery

The Queen’s Speech marks the start of the Parliamentary year, it is delivered by the Queen, but written by Ministers and identifies priorities in terms of laws that it wants to pass through the house and vote on this year.  This year the Government has identified 31 bills that MPs and peers will be asked to scrutinise and vote on over the next year.  Inclusion in the Speech doesn’t necessarily mean it will automatically become law, but the Government has a strong majority and through the Parliamentary process these bills will be scrutinised and adapted.

The themes in the speech reaffirm commitments to build back better, cleaner and greener with Net Zero Strategy central, seizing opportunity from exiting the EU, driving investment and levelling up with a view to strengthening the Union.

Below we look at the areas that will have the most significant impact on businesses in the construction industry and the finishes and interiors sector.

Planning bill
This has been billed as the biggest shake-up of the planning system in decades.  Whilst we have heard this statement by successive Governments, the bill does mark a fairly fundamental change as under proposals local planning authorities would no longer have the powers to turn down housing developments if they meet set standards.  The Bill also forces local authorities to set new zones for housing. This Bill is already getting opposition from within the Conservative Party, so is by no means a done deal yet.

Skills and Post-16 Education Bill
The Government is planning landmark reforms for the delivery of skills and training with a focus on ensuring that people can train and retrain at any stage in their lives.  Central to the Bill is introducing a right to government-funded training for all adults lacking A-levels or a qualificaion of equivalent value. The Bill will also extend the student loan system to those who want to study at local further education colleges. All adults will be entitled to four years’ worth of loans for training or education that can be taken at any point in their life.

Building Safety Bill
Government continues to press ahead with reshaping the regulation and enforcement that impacts building safety, this includes changes to the Building Regulations, new regulators and particular scrutiny on the safety of high-rise buildings and inspections of buildings under construction in the wake of the 2017 Grenfell Tower disaster.

Environment Bill
Provides a regulatory framework to impose, adapt and absorb elements previously covered under EU directives.  The Bill allows Government to set legally binding targets, restore nature and biodiversity, tackle air pollution, establish an independent Office for Environmental Protection, cut plastic use and includes particular reference to “revolutionising” how we recycle.

Subsidy control bill
State Aid rules are no longer Governed by the EU (although are referenced in the Trade Agreement).  This Bill will enable Government to write legislation to establish a state aid regime in the UK that helps to accelerate recovery.
An independent body will be established to help government ensure intervention reflects strategic interests and National circumstances without breaching the terms of the trade and co-operation agreement with the EU.

Freeports bill
Again aimed at driving investment and regeneration at the same time as supporting trade, this Bill will allow Government to establish the legal framework for initially eight freeports: Teesside, London Gateway, Liverpool City Region, Humber, Felixstowe, Southampton, Plymouth and East Midlands airport.  Discussions continue between the UK Government and the devolved administrations to ensure the delivery of further Freeports in Scotland, Wales and Northern Ireland as soon as possible.

Businesses within Freeport areas will benefit from more generous tax reliefs, simplified customs procedures and wider Government support.

Procurement bill
This Bill is designed to consolidate and streamline the 350 plus EU derived regulations and make our procurement regime quicker, simpler and easier to use, allowing more freedom for suppliers and the public  sector to innovate and work in partnership with the private sector.  The Bill crystalises that “social value” must be considered a factor in the picking of suppliers (in keeping with the philosophy of the Construction Playbook).

Professional qualifications bill
Provides a new bespoke framework for the UK to recognise professional qualifications from across the world to ensure employers can access professionals where there are UK shortages. Whilst targeting the need to help fill skill shortages after Brexit, it is unlikely to have much impact on trade operative end of construction, but is more targeted at occupations like medicine and teaching, and will provide some freedom in the Engineering, Architectural and Surveying end of the market.

Advanced Research and Invention Agency Bill
This is likely to drive investment as the Government focusses on making the UK a global science superpower by developing our Life Sciences sector to attract the best people and businesses from across the world, increasing public expenditure on research and development to £22 billion; and creating the Advanced Research and Invention Agency focused on funding highrisk, high-reward research and development.

Registration of Overseas Entities Bill
It is clear that International Investment will be critical to support growth, but more control is required.  This Bill is about transparency and ensuring foreign owners of UK property are no longer able to conceal their identity: a register of beneficial ownership will be set up to crack down on tax evasion.

The Speech also highlights a number of Funds designed to support investment in change these include:

Future Fund: Breakthrough
The £375 million, UK-wide ‘Future Fund: Breakthrough’ scheme will target innovative, R&D-intensive firms and provide them with the capital they need to grow and succeed.

Levelling Up Fund
The £4.8 billion Levelling Up Fund will invest in infrastructure that improves everyday life across the UK, including regenerating town centre and high streets, upgrading local transport, and investing in cultural and heritage assets.

UK Community Renewal Fund/ UK Shared Prosperity Fund (UKSPF)
The £220 million UK-wide Community Renewal Fund will provide funding for local areas across the UK in 2021-22 to help them prepare for the introduction of the UK Shared Prosperity Fund, in addition to the continued high level of funding from EU structural funds.

Towns Fund
Through the Towns Fund the Government has confirmed a £1 billion investment in 45 Town Deals across England, which will help local areas to grow their economies, create and sustain local jobs whilst encouraging opportunities to reshape the look and feel of their area.

National Skills Fund
The Government is investing significant amounts into further education – £1.5 billion to improve our college estate; £2.5 billion (£3 billion when including Barnett funding for devolved administrations) in the National Skills Fund; and £650 million extra into 16-19 further education

Commenting on the speech, FIS CEO Iain McIlwee stated: “As expected, this is a Queens Speech packed full of optimism, all about a fresh start outside the EU and building back after COVID.  The focus on Skills is particularly encouraging – we now need to ensure that construction is a key beneficiary of this.  The Planning reform is also a good sign of a Government recognition that construction activity is key to growth and hampered by red tape and nymbyism, but I suspect it will be a while before the sector sees the full benefit of this reform as it meets opposition in the House.  My sincere hope is that the Building Safety Bill is passed this side of the summer recess so we can crack on with the much needed reform that it heralds.”

Full details of the Queens Speech including a transcript and supporting information is available here.

Vital Update:  Right to Work checks

Vital Update: Right to Work checks

Now that the UK has left the European Union, freedom of movement of people no longer applies and a new points based system has been implemented to manage immigration.  There are a number of actions that employers are recommended to undertake.

The Home Office has now confirmed that changes to the Right to Work checks that were introduced as a temporary measure in response to the coronavirus panedemic will now end on 20 June (not Sunday 16 May as originally planned).

Whilst employers are currently able to conduct checks via video calls and use scanned copies rather than original documents, from 21 June 2021 they must either:
check the applicant’s original documents, or
check the applicant’s right to work online using their share code.

Within this there are two groups to consider, those who will have a right to work through the settlement scheme (those resident before  31 December 2020) and those relying on a visa (i.e. individuals newly arriving from the 1 January 2021).  Note Irish citizens, based on historic agreement that pre-dates UK – EU arrangements, retain a right to work in the UK and are not subjected to the new rules detailed below.

It has been confirmed that employers will not need to carry out retrospective checks on employees verified between 30 March 2020 and 21 June 2021.

See the Latest Government Guidance on Right to Work checks here

You can access guidance on Hiring Overseas Workers in the FIS Employment and Workforce Management Toolkit here

Guidance for employing foreign workers

Build UK has produced a flowchart to help members through the process of employing a foreign worker. The flowchart covers the EU Settlement Scheme, which closes for applications on 30 June 2021, the Points‐Based Immigration System and the Skilled Worker Visa, which is required from 1 July 2021, and provides links to further guidance on a particular area if required.

On 20 May, FIS will be joined by experts who will provide guidance on the right to work checks to ensure that your workforce is legal to work in the UK. Employing EU workers (excluding the Republic of Ireland) who have not applied through the settlement scheme by the 30 June will not be legal workers and this may have serious implications for your business.

You can register your free place here.

Mental Health Support:  Help Inside the Hard Hat

Mental Health Support: Help Inside the Hard Hat

To coincide with Mental Health Awareness Week, The Lighthouse Club is launching its ‘Help Inside the Hard Hat’ campaign to raise awareness of mental health within the construction industry.

To help support the charity’s biggest ever campaign, Help Inside the Hard Hat, they are offering a huge range of pro-active support and resources for our community, including their 24/7 Construction Industry Helpline, their free app and mental health training.

The resources available for you to download, free of charge. So, whether you just want to print your own posters on a photocopier or get them professionally printed, or go large with some eye-catching hoardings, there is everything you need. You can even add your company logo if you wish!

Fore more information and to access the resources visit https://www.lighthouseclub.org/help-inside-the-hard-hat/

Visit the FIS Mental Health Awareness Toolkit here

Help and advice to help to minimise the risk of a cyber attack

Help and advice to help to minimise the risk of a cyber attack

The National Cyber Security Centre (NCSC) has recently launched its Small Organisations Newsletter. SMEs cover a huge range of businesses and make up 99% of all business in the UK. Often SMEs do not have the budget of large organisations to spend on cyber security. This Newsletter aims to break down cyber related issues into bitesize pieces which can be read in your coffee break. The NCSC wants to arm you and your business with the advice and tools to minimise the risk of a cyber attack. Each month will cover a different topic and will offer advice and links to further information.

What is the NCSC?

The NCSC was set up in 2016 to make the UK the safest place to live and work online. They support the most critical organisations in the UK, the wider public sector, industry, SMEs as well as the general public. When incidents do occur, the NCSC provides effective incident response to minimise harm to the UK, help with recovery, and learning lessons for the future.

How to sign up

You can sign up to the newsletter using this link

Business Risk Management Tool

FIS has produced a Business Risk Management Tool to support contractors and help them adopt a structured approach to understanding risk and reducing uncertainty.  The tool identifies over 120 common risk areas for contractors against the categories including Information Management, Business Management, Contractual, Financial, Quality, H&S and Procurement,  providing a mechanism to score and rank risk and advice on mitigation and management.  A risk management matrix ranks risk in term of probability of an event occurring and the severity of the impact should the event occur. It can be used to identify and prioritise activity so that a contractor can then make informed business decisions and improve their resilience.

The Risk Management Tool is available to download free for members of the FIS community here – FIS Business Risk Management Tool.

The FIS Digital Toolkit

The FIS Digital Toolkit helps your navigate through the confusion and find the digital tools that work for your business – access the FIS Digital Toolkit Here