The Building Safety Act 2022 has changed the way the UK construction industry approaches building safety. It places greater focus on clear responsibilities, competent workers and accurate records throughout a building’s life.
The changes affect more than developers and building owners. Contractors, site managers, supervisors, tradespeople and other construction workers all have a part to play.
For people working on site, this means understanding their duties, having the right skills and knowledge, following approved plans and keeping clear records of their work. It also makes recognised training and qualifications more important when employers assess whether people are suitable for their roles.
But what does the Building Safety Act mean in practice? Who does it apply to? And how can an NVQ help construction professionals show their competence?
This guide explains the main points in plain English and looks at what they mean for construction teams.
What Is the Building Safety Act 2022?
The Building Safety Act 2022 is legislation introduced after serious concerns about building safety in the UK, including the Grenfell Tower fire.
Its purpose is to improve the safety and standard of buildings. It introduces stronger rules for the design, construction and management of buildings, with particular attention to higher-risk residential buildings.
The Act also gives residents stronger rights and creates clearer responsibilities for the people and organisations involved in building work.
For construction businesses, one of the main changes is the increased focus on competence and accountability. People involved in design and construction must understand their responsibilities and have the skills, knowledge, experience and behaviours needed for their work.
The Act is not simply about adding more paperwork. It aims to make sure that building safety is considered at every stage, rather than being treated as a final check before a project is completed.
Important: The detailed higher-risk building and Building Safety Regulator building-control regime discussed in this article applies to England. Other parts of the Building Safety Act have wider UK application, but building regulations and building control arrangements differ across the nations. Contractors should check the rules that apply where their project is based.
What Is a Higher-Risk Building?
A key part of the Building Safety Act is the higher-risk building (HRB) system.
These buildings are subject to additional checks because problems with fire safety or structural safety could put many people at risk.
For the design and construction regime in England, a building can fall within the higher-risk category if it meets the relevant height or storey threshold and is one of the specified building types.
The main criteria include:
- A building that is at least 18 metres high or has at least seven storeys.
- A building containing at least two residential units.
- Hospitals and care homes that meet the relevant height or storey threshold.
The rules for occupied higher-risk residential buildings are not exactly the same as those for buildings being designed or constructed. For example, the occupied-building regime has a specific focus on residential buildings containing at least two residential units.
This distinction matters. Not every tall building automatically falls within the same part of the higher-risk building system.
Why Does This Matter to Contractors?
Working on a higher-risk building can involve additional approval, record-keeping and reporting requirements.
For example, contractors may need to follow tighter controls when making changes to approved work, provide evidence of how work has been completed and share information with other dutyholders.
A change that appears minor on site could affect fire safety, structural performance or compliance with the approved design. Workers must therefore follow the agreed process rather than making unauthorised changes.
Site teams should know whether their project falls within the higher-risk building regime and understand the procedures set by the principal contractor.
What Is the Building Safety Regulator?
The Building Safety Regulator (BSR) oversees the higher-risk building regime in England. It operates within the Health and Safety Executive (HSE).
Its work includes overseeing building safety and standards, acting as the building control authority for higher-risk buildings and supporting improvements in competence across the built environment.
For higher-risk building projects, the BSR has an important role in checking that building work meets the relevant building regulations.
This includes reviewing building control applications, assessing project information and issuing decisions at key stages.
The BSR also has enforcement powers. If dutyholders fail to meet their legal responsibilities, the regulator can take action.
What Does This Mean on Site?
Contractors and site teams may not deal with the BSR directly every day. However, the regulator’s requirements affect how projects are organised and managed.
Site teams must follow approved information, report problems and provide accurate details about the work they complete.
Managers must also make sure that workers understand the relevant procedures and receive suitable supervision.
The aim is to prevent mistakes from being hidden, passed on to another team or discovered only after the building is complete.
Who Are the New Dutyholders?
The Building Safety Act and the related building regulations place clear responsibilities on people involved in building work.
For projects in England, the building regulations dutyholder framework applies to building work generally, not only to higher-risk buildings.
The main dutyholder roles include the client, designers, principal designer, contractors and principal contractor.
1. The Client
The client is the person or organisation commissioning the building work.
They must make suitable arrangements for the project to meet the relevant building regulations. This includes appointing people with the right competence and making sure there is enough time and resource to complete the work properly.
2. The Designer
Designers must make sure their design work meets the relevant building regulations. They must also co-operate with other dutyholders and provide the information needed to complete the project safely and correctly.
3. The Principal Designer
The principal designer manages and coordinates design work where more than one designer is involved or is reasonably foreseeable.
They help make sure that design decisions consider building regulations and that relevant information is shared with the project team.
4. The Contractor
Contractors must plan, manage and monitor the building work they carry out. They must make sure workers under their control have suitable supervision, instructions and information.
They must also co-operate with other dutyholders and make sure their work meets the relevant requirements.
5. The Principal Contractor
The principal contractor manages and coordinates the building work where more than one contractor is involved or reasonably foreseeable.
They must make sure the work is properly planned, monitored and coordinated. They also need to manage communication between contractors and ensure that work complies with building regulations.
These roles are separate from the dutyholder roles under the Construction (Design and Management) Regulations 2015 (CDM). Some people or organisations may carry out both sets of roles, but the responsibilities are not automatically the same. Appointments and duties must be clear.
Why Competence Is a Major Part of the Building Safety Act
One of the most important changes for construction workers is the stronger focus on competence.
Under the building regulations dutyholder framework in England, individuals carrying out design or building work must have the right skills, knowledge, experience and behaviours for their tasks. This is often shortened to SKEB.
It means being able to do the work correctly, understand the risks, follow the right procedures and work safely with others.
For organisations, competence also means having the right systems, resources and management arrangements to carry out their responsibilities.
What Does Competence Look Like on Site?
Competence is not just about holding a certificate. It also involves how someone performs their work in real conditions.
For example, a competent operative should be able to:
- Understand the instructions and requirements for their task.
- Use the correct tools, equipment and materials.
- Follow the approved drawings and specifications.
- Recognise when work may affect fire or structural safety.
- Report defects, errors and unexpected problems.
- Ask for help when a task is outside their experience.
- Refuse to carry out work they are not competent to complete.
Supervisors and managers have additional responsibilities. They must make sure that workers are properly briefed, supervised and given the information needed for their tasks.
A trainee may carry out work while developing their skills, but they must receive suitable supervision. Someone who is still training cannot be appointed as a principal designer or principal contractor.
What Are the Three Building Safety Gateways?
The higher-risk building regime includes three important stages known as gateways.
They are designed to make sure building safety is considered before construction, during the project and before occupation.
Gateway 1: Planning
Gateway 1 takes place at the planning stage.
Fire safety must be considered as part of the planning process. This helps make sure that important fire safety matters are addressed before the project moves forward.
Gateway 2: Before Construction Starts
Gateway 2 is the building control approval stage.
For relevant higher-risk building work, the client must obtain approval from the BSR before construction starts. The application must provide the required information to show how the proposed work will meet building regulations.
This is an important hold point. The project cannot simply move into construction while waiting for the required approval.
Gateway 3: Before Occupation
Gateway 3 takes place when the building work is complete.
The client must provide the required completion information to demonstrate that the building complies with the relevant building regulations.
The BSR must issue the necessary completion approval before the building can be occupied under the higher-risk building regime.
Why Should Site Teams Understand the Gateways?
The gateways are mainly managed by clients and other senior dutyholders, but they affect the work carried out on site.
Poor workmanship, missing records or unapproved changes can create problems when the project reaches an approval stage.
For example, if a contractor installs a different fire-stopping product from the one specified, the change may affect compliance. The issue must be raised and managed through the correct process.
Following instructions and recording work correctly helps the project team provide the evidence needed at each stage.
What Is the Golden Thread?
The golden thread is a digital record of important building information.
It helps make sure that accurate information is created, stored, updated and passed on to the people who need it.
For higher-risk building projects in England, the client, principal designer and principal contractor have duties to keep and manage relevant building information.
The information should reflect the building as it is designed and constructed. It must also support the safe management of the building once people occupy it.
Examples of information may include:
- Approved designs and drawings.
- Details of materials and products used.
- Fire and structural safety information.
- Records of changes made during construction.
- Inspection and testing information.
- Relevant completion and handover records.
What Does the Golden Thread Mean for Operatives?
Workers may be asked to provide accurate information about the work they complete.
For example, an operative may need to record where a fire-stopping system has been installed or report that a product supplied does not match the approved specification.
Supervisors may need to check work, collect photographs and make sure records are complete.
The key point is simple: if work is changed, checked or completed, the relevant information must be recorded and shared through the correct process.
Good records help prevent confusion and make it easier to understand how the building was constructed.
What Does the Building Safety Act Mean for CSCS Cards?
The Building Safety Act has increased attention on competence across the construction industry. This has also influenced how the CSCS card system is developing.
CSCS cards help show that a worker has the recognised qualifications and training for their occupation. However, holding a CSCS card is not a legal requirement under the Building Safety Act itself. It is also not proof of every part of a person’s competence.
A card can provide evidence of relevant training and qualifications, but employers and contractors must still consider a worker’s experience and behaviour.
The CSCS system is working with industry groups to develop clearer routes to competence for different occupations. These routes are intended to reflect the skills, knowledge, experience and behaviours needed for each role.
For workers, this means it is important to check that they hold the correct card and qualification for the work they carry out.
Why Do NVQs Matter More?
National Vocational Qualifications (NVQs) give construction workers a recognised way to demonstrate their occupational competence.
Unlike a qualification based only on classroom learning, an NVQ assesses a person’s ability to carry out real work to an agreed standard.
An assessor reviews evidence of the learner’s skills and knowledge. This may include workplace observations, questions, professional discussions and a portfolio of evidence.
This makes an NVQ useful for workers who want to show that they can perform their job in practice.
NVQs for Operatives
A Level 2 NVQ can help skilled workers demonstrate competence in their trade.
It may also support an application for a relevant Blue Skilled Worker CSCS card, depending on the occupation and the card’s current requirements.
Workers can explore relevant options through Think Construction Skills’ NVQ courses.
NVQs for Supervisors
Supervisors need more than trade knowledge. They must also understand how to organise work, communicate instructions and monitor the performance of their teams.
A relevant Level 3 NVQ can help demonstrate supervisory skills and may support an application for a relevant Gold Supervisor CSCS card.
NVQs for Site Managers
Site managers have a wider responsibility for planning, coordinating and monitoring construction work.
A relevant management NVQ can help demonstrate the skills needed for site management responsibilities. Depending on the qualification and card requirements, a suitable Level 6 NVQ may support an application for a Black Manager CSCS card.
You can learn more about the NVQ Level 6 Construction Site Management qualification.
An NVQ does not automatically make someone competent for every task or legal duty. It is one way to provide evidence of skills and knowledge. Employers must still consider experience, behaviours and the requirements of the specific role.
What Should Contractors and Site Managers Do?
The Building Safety Act and related building regulations require construction businesses to take competence and compliance seriously.
Contractors and site managers can support this by taking practical steps.
1. Check workers’ skills and qualifications. Make sure workers have suitable training and experience for the tasks they are given.
2. Provide clear instructions. Workers should understand the drawings, specifications, methods and safety requirements relevant to their work.
3. Give suitable supervision. New or less experienced workers may need closer support. Supervisors should check that work is completed to the required standard.
4. Follow approved information. Do not make changes to designs, materials or installation methods without following the project’s approval process.
5. Keep accurate records. Record inspections, tests, changes and completed work where required. Make sure information reaches the right people.
6. Report problems early. Defects, missing information and concerns about safety or compliance should be raised as soon as possible.
7. Keep competence up to date. Workers and managers should review their skills, training and qualifications as their responsibilities change.
These steps help build a stronger safety culture and reduce the risk of poor work being carried forward.
How Think Construction Skills Can Help
The Building Safety Act has made competence and professional development even more important across construction.
Whether you work as an operative, supervisor or site manager, having the right skills and qualifications can help you meet the expectations of your role.
Think Construction Skills provides construction NVQ training and assessment to help experienced workers demonstrate their skills and progress in the industry.
Our construction NVQ courses cover different levels and areas of construction, including qualifications for skilled workers, supervisors and managers.
If you are looking to develop your experience into a recognised qualification, speak to our team about the right route for your role.
Contact Think Construction Skills to discuss your training and assessment options.
Conclusion
The Building Safety Act 2022 has brought a stronger focus on building safety, clear responsibilities and competence across the construction industry.
Although the higher-risk building regime has specific rules for certain buildings in England, the wider message is relevant to construction teams: people must understand their responsibilities, carry out work to the required standard and provide accurate information.
For operatives, this means following instructions, working within their competence and reporting problems. For supervisors and managers, it means checking skills, providing suitable support and making sure work is properly planned and recorded.
Recognised qualifications such as NVQs can help workers demonstrate their skills and support their career development. They are not a replacement for experience or good working practices, but they provide useful evidence of occupational competence.
As the industry continues to place greater importance on building safety, keeping skills and knowledge up to date is a practical step for every construction professional.