Fifth report: Pre-legislative scrutiny of the Building Safety Bill

The government acknowledges the Committee's conclusion that the role of principal designer in CDM regulations differs from the new dutyholder regime and could cause industry confusion.

The government acknowledges the committee's concern that dutyholders may struggle to access professional indemnity insurance and agrees that it depends on how clause 38 powers are exercised, but does not commit to early publication of general duties.

The government agrees on the importance of a third-party accreditation and registration system but does not explicitly commit to including provision for it in the Bill itself, as recommended.

The government acknowledges concerns that the proposed extension of permitted development rights could bypass Gateway one, and states it is carefully considering this issue as policy evolves, but provides no specific commitment to retain Gateway one benefits.

The government acknowledged that multiple Accountable Persons may be responsible for a single building and may have limited control over safety risks. However, they did not commit to any specific action to address the lack of detail in the Bill regarding complex ownership structures.

The government recognises the Committee’s concerns about the practical relationship between Accountable Persons and Responsible Persons and the overlap in their roles.

The government acknowledges the Committee’s concerns regarding the lack of clarity in the Accountable Person’s duty to take “all reasonable steps” and the high threshold set by the definition of “major incident.”

The government agrees on the importance of clarifying key elements of the new regime during the Bill's passage and intends to publish further details on aspects like the Gateways process and construction products, but does not explicitly commit to publishing the building safety manager competence framework.

The government agrees with the Committee's conclusion that a national system of accreditation and registration for building safety managers, to agreed common standards, is critical for stakeholder confidence.

The government welcomed the committee's recognition of resident engagement, agreeing that resident groups empower residents, and committed generally to ensuring residents have a stronger voice in the new building safety regime, without detailing specific actions to lighten the burden on accountable persons.

The Government welcomes the importance of resident engagement and agrees that resident groups can empower residents, stating its commitment to giving residents a stronger voice. However, it does not commit to facilitating their formation in the Bill or mandating specific representation.

The government agrees with the Committee's assessment that the power in clause 87 is wide enough to cover the specified risks and duties of an Accountable Person.