Mastering Safety Cases for High-Risk Buildings

The responsibility of ensuring resident safety in higher-risk buildings is tremendous. The task of managing and maintain a buildings safety and the relevant responsibilities involves has largely fallen onto the shoulders of property managers. This can seem like a daunting task, especially already having a heavy workload. 

The Building Safety Act introduced many new regulations; one of the key requirements is to have a comprehensive  Safety Case Report, submitted as part of the Building Assessment Certificate application. However, crafting a safety case report all starts with having a fully compliant building safety case. 

Preparing a building safety case and its subsequent report has become a significant topic of discussion in the industry, particularly around the timing of these tasks. Many stakeholders are understandably inclined to delay these responsibilities for as long as possible.

A considerable number of HRBs lack the necessary data to complete a safety case, and gathering this information can be costly. As a result, some parties are keen to postpone these expenses.

While the Building Safety Act doesn’t set a specific deadline, the guidance indicates that the safety case report should be completed “as soon as reasonably practicable”. This refers to the time period after a building becomes occupied, or after the Accountable Person has taken over responsibility of the building. This guidance allows for some flexibility based on individual circumstances.

As of the 1^st October 2023, all HRBs were required to register with the Building Safety Regulator (BSR) and confirm the PAP. Therefore, the safety case report, and consequently the safety case itself, should ideally have been initiated soon after this date, unless strong justification exists otherwise. This requirement is reinforced throughout the BSA, especially in Section 85(1), which mandates that the PAP for an occupied HRB must prepare a safety case report as soon as practicable. Furthermore, the HSE emphasises that the safety case process should be ongoing, continually addressing and managing building safety risks.

The legislative case for beginning safety case preparation promptly after the 1^st October , 2023, is clear. However, if compliance and resident safety aren’t compelling enough, there are other important reasons to act now.

Non-compliance can have a significant impact on property value and marketability. Buyers may be hesitant to consider buildings without a safety case report, viewing its absence as a lack of transparency and a potential indication of fire or structural risks. Already, solicitors in property transactions frequently request to review the safety case report, and lenders may be unwilling to offer mortgages for buildings lacking this documentation, making them less accessible to buyers. Professional valuers also consider safety compliance, often assessing buildings every three months. A missing safety case report can result in a lower valuation, reflecting the perceived risk and future costs for buyers. Additionally, renewing property insurance may become challenging or costly without a safety case report demonstrating effective risk management. Non-compliance can also lead to regulatory fines.

Starting your safety case and report as early as possible is not only a legislative requirement but also a strategic step in protecting the property’s value, enhancing its marketability, and ensuring regulatory compliance.

We have put together a comprehensive 2-hour CPD accredited session to help you navigate the Building Safety Act and Safety Case responsibilities. The session if free to book at any time that suits you and is available for individuals or teams.

The Building Safety Act 101: We’ll break down the key aspects of the Act, including its purpose, its implications for high-risk buildings (we’ll define what qualifies as “high-risk”), and the importance of starting the safety case process now.

Your Duties as a Property Manager:  You’ll gain a clear understanding of your specific responsibilities under the Act regarding fire safety, building maintenance, and resident communication. We’ll also clarify the roles of the accountable person and principal accountable person, so you can assist them in meeting their obligation, which often means funding remediations or filling key gaps in the safety case.

Demystifying Safety Cases: We’ll delve into the importance of safety cases for ensuring ongoing building safety. You’ll learn about the essential elements a safety case must include. We’ll also provide practical tips on digitally maintaining your safety case.

Writing a Safety Case Report: We’ll guide you through the process of submitting the safety case report (SCR) to the Building Safety Regulator (BSR) as part of your BAC application. Here, we’ll also introduce you to BB-SCR, our innovative AI solution that streamlines safety case report creation.

Visit our dedicated webinar webpage to find out more.