Webinar - An Introduction to the Building Safety Act

NEC3 and NEC4 Contracts
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This is for all questions raised on our webinar " An Introduction to the Building Safety Act".

If you haven’t already attended it, you can sign up here.

This webinar will provide you with essential knowledge about the Building Safety Act and equip you to proactively comply with its provisions.

Phil Morrison, Head of Construction and Partner at Clarion, will provide a comprehensive introduction to the Act, outlining its key elements and how they impact various stakeholders. This includes:

  • It’s application to both new and existing buildings, with a focus on higher-risk buildings.
  • The significant changes introduced by the Act, such as the new regulatory framework, the “golden thread” concept for building information management, and resident rights.
  • The responsibilities placed on different parties involved in the building lifecycle, from designers and constructors to building owners and residents.
  • How the Act prioritises fire and structural safety throughout a building’s life cycle, moving beyond just the construction phase.
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If a hospital has residential units (for family to stay in) will gateway 1 apply or will gateway one never apply to hospitals?

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@josie.baldry Please find the answer to your question below:

Gateway 1 of the Building Safety Act (BSA) 2022 will not apply to hospitals, even if they have residential units for families to stay in. According to the Higher-Risk Buildings (HRB) Regulations 2023, a hospital is defined as a higher-risk building during the design and construction phase, but not during the occupation phase. This is because the definition of higher-risk buildings during occupation expressly excludes hospitals

However, the BSA 2022 does apply to buildings that contain at least two residential units and are at least 18 metres in height or have at least seven storeys . A residential unit is defined as “a dwelling or any other unit of living accommodation” . Therefore, if the residential units within the hospital meet these criteria, they may fall under the scope of the BSA 2022.

It’s also important to note that the HRB Regulations 2023 consider a part of a building as a separate independent section if it has its own egress out of the building and is used for a different purpose than another area. Therefore, if the residential units within the hospital have their own egress and are used for a different purpose than the rest of the hospital, they may be considered as separate “building(s)” for the purposes of the HRB Regulations 2023 and the BSA 2022 may apply.

However, the specific application of these rules can be complex and depends on the specific circumstances and layout of the hospital and its residential units.

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Many thanks for this full and comprehensive answer - it is very useful

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