Competence Under the Building Safety Act

The landscape of building safety in the UK has undergone a profound transformation. Driven by the devastating Grenfell tragedy and the subsequent Hackitt Report, which explicitly exposed systemic failures in professional competence, the Building Safety Act (BSA) places a clear legal and moral responsibility on the built environment to significantly enhance building safety. This isn’t just a wake-up call; it’s an urgent call to action for everyone involved in the industry.

Competence is no longer an option; it is a fundamental legal and moral requirement. The BSA introduces significant oversight, going beyond previous regulations. It sets out clear competency requirements for all duty holders involved throughout a building’s lifecycle, from design and construction to occupation and ongoing management.

Competency requirements can be broadly categorised into two areas:

General Competency Requirements for All Construction Professionals: Section 11F of the Building Safety Act secondary legislation introduces these requirements for everyone in the construction industry. Any individual carrying out building work in relation to design, construction, or ongoing management and maintenance must possess:

• Respect for life, the law, environment and public good
• Honesty and Integrity
• Accuracy and Rigour
• Direction, Conduct and CommunicationSpecific Duty Holder Competency Requirements: These apply directly to those with specific roles and responsibilities under the Act.

Clause 33, Schedule 1 of the Building Act 1984 defines competence as possessing the appropriate “skills, knowledge, experience, and behaviours”. This mandates that all individuals engaged in design, construction, refurbishment, and maintenance work must demonstrate competence in their respective roles.

The Act views competence from two vital perspectives:

• Individual Competence: Every individual involved must possess the required skills, knowledge, and experience for their roles. This competence must be demonstrated through relevant assessments, for example, Continuous Professional Development (CPD).
• Organisational Competence: Organisations themselves must demonstrate and evidence their capability, competence, and capacity to fulfil their obligations under building regulations. This includes having appropriate management policies, procedures, systems, and resources in place.

Comprehensive evidence must be maintained for both individual and organisational competence, particularly when managing the crucial “golden thread” of information.

Competence is a journey of continuous learning and development. Professionals can demonstrate and enhance their competence through a variety of proven pathways:

• Professional Qualification: Obtaining relevant professional qualifications specific to property management and building safety.
• Accredited Training Courses: Enrolling in accredited training courses that cover fire safety management, risk assessment, the specifics of the Building Safety Act, and managing building information. Look for courses provided by reputable industry bodies and training providers tailored to your role.
• Relevant Work Experience: Accumulating practical experience in managing building safety aspects, diligently recording and reflecting on lessons learned.
• Continuous Professional Development (CPD): Regularly engaging in CPD activities is vital for staying up-to-date with evolving regulations, best practices, and new technologies. This ongoing commitment ensures your competence remains current and robust.

While the legal imperative is clear, investing in your competence brings significant professional and operational advantages:

• Enhanced Safety and Trust: Most notably and importantly, having competent persons and organisations working on buildings significantly reduces the risk to life. This directly translates into safer homes for residents and builds invaluable trust within the community.
• Professional Recognition and Reputation: Demonstrating high levels of competence enhances your professional standing and the reputation of your organisation. It positions you as a leader in a safety-critical industry.
• Operational Excellence: Competent management leads to more efficient and effective building operations, reducing errors, optimising maintenance schedules, and fostering proactive risk mitigation.

Competency is a legal requirement under the Building Safety Act and if an individual or organisation doesn’t meet the competency requirements, they can be held accountable and be subject to criminal prosecution, financial losses or hefty fines, regulatory intervention and significant reputational damage.

Non-compliance with competency requirements can also lead to a refusal in Building Assessment Certificates, which may delay sales or occupancy.

But most notably, and most importantly, having non-competent persons and organisations working on buildings can impose a significant risk to life.

The Building Safety Act underscores competence as a dynamic, continuous commitment to safety, professionalism, and ethical practice. For property managers, embracing and actively pursuing competence is not just about meeting legal obligations; it’s about safeguarding lives, enhancing your professional standing, and contributing to a safer built environment for everyone. By proactively engaging with the pathways to competence, you can confidently meet the demands of the new building safety regime and ensure the well-being of the residents in your care.

Last Updated: 28th July 2025