Ahead of the next phase of the building safety regime coming into effect from 1 October, Build UK has updated its guide and timeline to reflect the regulations and supporting guidance that have recently been published. Changes in the July 2023 version of the guide, which is supported by the CLC, include:

• Clarifying the definition of a Higher‐Risk Building
• A link to the guidance on Key Building Information (KBI), which must be submitted as part of the registration process for High‐Rise Residential Buildings
• Updated information on the new building control framework
• New guidance on Planning Gateway One and confirmation that hospitals and care homes are excluded from the requirements
• An updated link to guidance on the Regulatory Reform (Fire Safety) Order.

To ensure businesses across the supply chain are aware of their responsibilities under the new regime, Build UK is sharing its guide through Building Magazine. In an article published earlier this week, Build UK Chief Executive Suzannah Nichol explained: “We believe that helping the whole supply chain to see the bigger picture will make it easier for everyone to understand where they fit in and what their responsibilities are…No one company or organisation can do this alone. We talk a lot about collaboration and this really does need a combined effort from Team Construction.”

All the latest information can be found in Build UK's Building Safety update,

Tim Balcon, Chief Executive of CITB, recently attended a Build UK Forum to give an overview of the CITB Business Plan 2023/24 and what has been delivered since the last Consensus in 2021. In line with Build UK’s ‘Levy In ‐ Skills Out’ response, CITB has streamlined activity and its latest business plan sets out three key priorities ‐ improving construction’s people pipeline, creating defined training pathways, and delivering an efficient training supply ‐ to support the industry to have a skilled, competent and inclusive workforce now and in the future.

The Department for Education (DfE) has launched an independent review of CITB and ECITB to assess whether they are performing effectively and delivering services that meet the needs of the industry. The review is being led by Mark Farmer, and Build UK Chief Executive Suzannah Nichol has been invited to join the ‘Challenge Panel’, which is expected to meet at least twice during the review to discuss emerging evidence, interim findings and final conclusions.

BAM Construction has become the latest Build UK member to specify the Common Assessment Standard for its pre‐qualification requirements, with Head of Procurement Dan Billinge confirming: “At BAM, we are always exploring ways to create efficiencies for our valued supply chain partners…By introducing the Common Assessment Standard as our pre‐qualification process, we are now accepting all Recognised Assessment Bodies, resulting in reduced cost and time for our partners.”

BAM Construction joins a growing list of organisations using the Common Assessment Standard, and members of the supply chain can now obtain just one certification from any of the Recognised Assessment Bodies in order to tender for work with them. The Common Assessment Standard, which is endorsed by the CLC, has two levels of certification ‐ desktop and site‐based ‐ and companies should apply for the appropriate level depending on their trade, size and the requirements of their clients.

CITB has published its latest Migration and Construction report focussing on how the industry has responded to the introduction of the Points‐Based Immigration System (PBIS). Under this system, businesses recruiting workers from outside the UK need to obtain a sponsor licence and all such workers require a visa to work in the UK, with the exception of Irish citizens and EEA/Swiss nationals with EU Settled Status. The report highlights a lack of awareness of the system, with just half of employers surveyed being aware of it and only 7% having signed up as a licensed sponsor.

Under the PBIS, most workers from outside the UK in construction are ‘skilled workers’ and require a Skilled Worker visa to work in an eligible occupation. Build UK's flowchart provides an overview of the process of employing a worker from outside the UK, with detailed guidance on How to Get a Sponsor Licence and How to Get a Skilled Worker Visa.

Following the issue of PPN 03/23 earlier this year, which allows public sector bodies to use the Common Assessment Standard in place of PAS 91, Build UK has published an updated version of the Common Assessment Standard. Version 3.2 includes minor updates to the question set and associated guidance to reflect further legislative changes post‐Brexit and to provide additional clarity for companies being certified. Suppliers will now be required to answer the updated question set when they go through the certification process for the Common Assessment Standard.

We have also collated a series of communication tools to help promote the Common Assessment Standard across the supply chain. These include new Frequently Asked Questions for public sector bodies looking to use the Common Assessment Standard for their pre‐qualification requirements.

The JCT suite of contracts identifies a number of events known as ‘Specified Perils’ that might cause damage, for example fire, lightning, explosions and floods, which are outside the coverage of indemnities provided by the supply chain. In the event a Specified Peril occurs, the standard position under JCT is that the supply chain has no liability for delay but cannot recover their costs from the client, and the client has no liability to the supply chain but cannot recover delay damages. However, it has become increasingly common to include provisions that remove the supply chain’s immunity from liability for delays where the Specified Peril was caused by them, shifting the balance of risk unevenly in favour of clients. Build UK recommends that the standard JCT position is followed and parties do not include provisions which state that Specified Perils will not give rise to an extension of time where caused by the contractor/sub‐contractor.

Specified Perils is one of six terms covered in Build UK’s recommendation on contract terms designed to encourage a fairer allocation of risk between clients and the supply chain. We have published guidance explaining why each term should be avoided and setting out ways to manage the underlying issues more effectively. The recommendation is non‐binding and Build UK members are free to negotiate their own contractual terms.

The Government has confirmed that it remains committed to building 40 new hospitals by 2030 and will invest over £20 billion into the New Hospital Programme (NHP). The list now includes five existing hospitals that will be rebuilt as they contain a significant amount of reinforced autoclaved aerated concrete (RAAC) which has a limited lifespan and is at risk of failure, plus three new mental health facilities that are not part of the NHP. As a result, eight projects that were included in the original list of 40 have been pushed back until after 2030.

Build UK recently facilitated the first collaborative roundtable with the NHP, one of our Client members, which brought together Contractor members to look at how the industry could work with the NHP to deliver one of the largest programmes in the UK.

The Building Safety Act is the foundation of a new building safety regime for the construction sector and represents the most significant change to industry regulation in a generation. With many of the new requirements coming into force this year, Build UK has published a comprehensive overview of the regime to ensure all members are aware of their responsibilities. The guide includes information on:

- New bodies that will provide effective oversight of the new regime
- New responsibilities for all those who design, build, own or manage Higher Risk Buildings
- New systems designed to improve levels of competence and formalise processes
- Existing legislation which will be reformed
- Other activities outside the scope of the Act but related to building safety.

The guide, which is initially being made available to Build UK members only, will be regularly updated as secondary legislation and supporting guidance from industry is published. It has been welcomed by Dame Judith Hackitt, Chair of the Industry Safety Steering Group, who said: “This guide provides Build UK members across the supply chain with a clear and accessible summary of what the Building Safety Act means for them and their organisation. I urge you to not just read this guide but to then discuss what it means for your organisation and how your practices need to change.”