FABIERBuilding Performance

Building Safety Act duties for a specialist subcontractor

FABIER Insights · · 4 min read

What changed for competence, cooperation and information under the 2022 Act, and how a small contractor evidences it.

The Building Safety Act 2022 and the regulations under it are usually discussed in terms of higher risk buildings, gateways and the golden thread. For a specialist subcontractor the practical effect is narrower but real, and it comes down to three obligations: be competent, cooperate, and hand over information that is actually usable.

Competence first. The dutyholder regime requires that anyone appointed to carry out design or building work is competent to do it, and that whoever appoints them takes reasonable steps to check. For a specialist trade that means the evidence has to exist on paper before the appointment, not after an incident: the training records behind the people on site, the scheme memberships, the calibration certificates for the test instruments, and worked examples of the type of design being proposed. We keep that pack current and issue it with tenders rather than waiting to be asked, because a principal contractor who has to chase it will usually appoint whoever answered first.

Cooperation is the duty most often skipped. Lightning protection touches the structural frame, the roof build up, the facade, the roof mounted plant and the electrical installation. If the frame contractor does not know that connection points are required, they will not be there. If the roofer does not know that a membrane detail has to accommodate a conductor, it will be cut in afterwards. The Act formalises what good practice already required: raise the interface early, in writing, to the people who can act on it.

Information handover is the third. The golden thread principle is that the information needed to keep a building safe should be accurate, accessible and kept up to date through the life of the building, not assembled in a hurry at handover. For our scope that means as fitted drawings that reflect what was installed rather than what was tendered, test and commissioning certificates with the actual readings, the protection level and the risk assessment that justified it, product data for the components used, and a clear statement of the inspection and test interval with the first due date.

The Act also sharpened accountability further down the chain. Contractors are expected to report matters that present a risk, and to decline instructions that would take work outside compliance. In practice that means saying no to a request to certify a system that has been altered by others without inspection, or to test a legacy system as though it conformed to a standard it does not. That is uncomfortable occasionally and it is the whole point of the regime.

For a small specialist firm none of this requires a compliance department. It requires the same three habits applied consistently: keep the evidence of competence current, raise interfaces in writing early, and hand over a document set the building manager can use in ten years' time.

A higher standard for what comes next.

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