Building Safety Act 2024

Key changes from the Building Safety Act 2024 were introduced 6th April 2024 in relation to high risk buildings and this continues to reshape construction procurement and project delivery. Introduced following the Grenfell Tower fire, the legislation was designed to strengthen accountability, improve standards and create safer buildings across the UK built environment. (GOV.UK)

For procurement teams, the implications go far beyond compliance. Decisions made during procurement now directly influence programme risk, contractor competence, supply chain assurance and project safety outcomes.

 

Rob Spiers, Director at Stepnell, who works closely with clients navigating complex regulatory requirements, explains how the Act is reshaping project programmes:

“The Building Safety Act (BSA) has fundamentally shifted the “critical path” of project delivery. Historically, design and construction often ran concurrently, but the new regime mandates that critical design decisions are “pulled forward” into the pre-construction phase. For High-Risk Buildings (HRBs), the introduction of Gateway Two is the most significant programmatic change. No site works can commence until the Building Safety Regulator (BSR) approves the full technical design, a process that requires a minimum 12-week review period.”

 

This necessitates a much longer lead-in for pre-construction. We are seeing a shift toward a “manufacturing mindset”: design is finalised, checked, and tested at the start rather than the end. This requires earlier engagement from a wider group of specialists, including MEP engineers and facade consultants, who might traditionally not have been involved until much later.”

 

What is the Building Safety Act 2024?

Although formally called the Building Safety Act 2022, the legislation became significantly more operational during 2024 as new regulations, Gateway requirements and industry guidance took effect.

 

The Act introduced:

  • Stronger oversight through the Building Safety Regulator
  • Clearer legal responsibilities for clients, designers and principal contractors
  • New competency expectations across the supply chain
  • Additional controls for higher risk buildings
  • Greater emphasis on the “golden thread” of information management (GOV.UK)

 

According to GOV.UK guidance, higher-risk residential buildings are generally those with at least two residential units and either seven storeys or a height of at least 18 metres. (GOV.UK)

 

Why procurement teams need to understand the Building Safety Act

Under the Building Safety Act, procurement teams need to think beyond appointment and price. They need to consider whether contractors can demonstrate the competence, systems and behaviours required to deliver safer buildings.

 

Procurement decisions affect:

  • When contractors become involved
  • How competence is tested
  • Whether quality and compliance are prioritised
  • How risk is managed contractually
  • Whether sufficient project information is developed early enough

 

The Building Safety Regulator guidance highlights that building control approval is now a statutory requirement for higher-risk building work before construction can proceed. (GOV.UK)

This means procurement teams must allow realistic timescales for approvals and ensure contractors can support compliance requirements from the earliest stages. Failure to do so could result in project delays, regulatory enforcement action, increased costs and work being unable to legally progress until the required approvals are in place.

 

Contractor competence and accountability

Contractor competence is now a clear requirement under the Building Regulations duty holder and competence regime. The GOV.UK guidance on design and building work: meeting building requirements sets out the duties of clients, designers, principal designers, contractors and principal contractors, including the need to have suitable arrangements in place to plan, manage and monitor building work.

Procurement teams should therefore assess competence at the pre-qualification and tender stage, rather than treating it as a later compliance check. Failure to appoint competent duty holders could lead to regulatory challenge, delays, increased costs and greater contractual risk.

Procurement teams should assess more than previous project experience. Contractors increasingly need to evidence appropriate skills, certifications, knowledge, insurances,experience and organisational behaviours.

 

This includes:

  • Building safety knowledge
  • Quality assurance procedures
  • Design coordination processes
  • Information management systems
  • Supply chain oversight
  • Certifications and accreditations
  • Appropriate insurances
  • Change control procedures

 

The RICS Building Safety Act FAQs state that the legislation requires a “golden thread of information” throughout a building’s lifecycle, with safety considered from the earliest planning stages. (RICS)

Procurement questions therefore need to test how contractors manage compliance, collaboration and risk — not simply whether they can deliver to programme.

 

Ben Greasley, Design Lead at Stepnell, outlines what good looks like when assessing contractors:

“Clients should look for contractors who move beyond high-level awareness to provide a detailed regulatory roadmap. A competent contractor will present a clear Gateway Process and a Responsibility Matrix that defines the roles of the Principal Designer and Principal Contractor under the new regulations.

 

Red flags include tenders that treat the BSA as a minor add-on rather than a fundamental change to the delivery model. Instead, look for:

  • A “Golden Thread” Strategy: How will they manage the digital audit trail of information?
  • Change Control Procedures: A clear plan for managing “recordable,” “notifiable,” and “major” changes to avoid 12-week site stoppages.
  • Education and Guidance: The contractor should be proactively asking about the client’s managed digital environment. Under the BSA, the client is responsible for owning the digital space for Gateway Three documentation. A contractor who doesn’t ask about this early in the tender process likely hasn’t grasped the full scope of the dutyholder requirements.”

 

Supply chain assurance under the Building Safety Act

Building safety depends on the entire supply chain, not only the main contractor.

Procurement teams should understand how contractors assess subcontractor competence, manage specialist trades and maintain quality assurance across the project lifecycle.

Supply chain changes can introduce additional risk, particularly on projects involving fire safety systems, specialist façades or complex residential developments.

The Construction Leadership Council guidance on higher-risk buildings explains that higher-risk building projects must pass through Gateway approval stages before construction and occupation. (Construction Leadership Council)

This places greater pressure on project teams to ensure information is robust, coordinated and properly managed before work begins.

 

Balancing value, quality and compliance

The Building Safety Act has increased scrutiny around lowest-cost procurement models by placing greater legal responsibility on clients, contractors and duty holders to demonstrate competence, compliance and effective risk management throughout a project lifecycle.

Government guidance under the new duty holder and competence regime makes clear that organisations must have the appropriate skills, knowledge, experience and behaviours in place to meet Building Regulations requirements, particularly on higher-risk buildings. This means procurement decisions based purely on lowest cost may create increased regulatory, contractual and safety risks if suppliers cannot demonstrate the required level of competence and compliance. GOV.UK guidance on design and building work: meeting building requirements outlines these responsibilities in more detail.

 

Public sector clients are increasingly recognising that value for money should also include:

  • Safety outcomes
  • Whole-life quality
  • Compliance readiness
  • Programme certainty
  • Supply chain capability

 

The RICS procurement strategy guidance notes that procurement strategy decisions directly affect how project teams are selected and how responsibilities are allocated. (RICS)

For higher-risk and complex schemes, early contractor involvement can help reduce design risk by identifying buildability issues, sequencing challenges, compliance gaps and practical construction constraints earlier in the design process, before they become costly site issues. It can also improve coordination between designers, contractors and duty holders under the Building Safety Act regime, helping strengthen compliance planning and reduce the likelihood of delays, redesigns and regulatory issues later in the project lifecycle.

 

How Procure Partnerships Framework supports public sector clients to strengthen governance and access pre-vetted contractor partners

Procure Partnerships Framework provides public sector organisations with a compliant route to market that supports early contractor engagement, structured procurement and robust capability assessment.

 

Frameworks can help clients:

  • Access experienced, pre-vetted contractor partners that have undergone financial due diligence checks, insurance verification, certification and accreditation reviews, and ongoing assessment against health and safety KPIs
  • Strengthen governance, compliance and project assurance
  • Support earlier contractor involvement and more collaborative project delivery
  • Improve procurement efficiency through compliant procurement routes
  • Reduce procurement risk through structured supplier assessment and performance monitoring
  • Balance quality, safety, compliance and value considerations rather than focusing purely on lowest cost

 

As regulatory expectations continue to evolve under the Building Safety Act regime, procurement teams will remain central to delivering safer, more accountable and more compliant construction projects across the public sector.

For further practical insight, read our Q&A with Rob Spiers, Director at Stepnell, and Ben Greasley, Design Lead at Stepnell, where they share their views on how the Building Safety Act is reshaping procurement, pre-construction planning, contractor competence and information management.

Written by Lauren Oxland, Key Account Manager (West), in collaboration with Rob Spiers, Director Stepnell and Ben Greasley Design Lead, Stepnell.