A note | Architects' Act in Building Safety Bill

A note on the inclusion of the Architects' Act 1997 in the Building Safety Act.

The Building Safety Act, which received Royal Assent on 28 April 2022 can be viewed here.

The Building Safety Act:

  • Sets up a new Building Safety Regulator
  • Regulates the Building Control profession
  • Introduces the new regulatory regime of higher risk buildings (but it impacts upon a much wider spectrum of buildings)
  • Creates a new regime designed to protect residents
  • Covers remediation of certain existing defects including the right of prohibition for prescribed persons
  • Sets up the new Homes Ombudsman Scheme
  • Amends the Fire Safety Order
  • Amends the Architects' Act 1997

It is estimated that more than 30 pieces of legislation will be needed, and it will take until 2024 to implement.

There are numerous pieces of legislation being changed by the Building Safety Act in order to comply with the new building safety regime, including the Architects' Act 1997. Amendments to the Architects' Act will ensure the Architects' Registration Board is able to put into place the requirements set out in the Building Safety Act.

Other regulated bodies which are Chartered, such as CIAT, do not require an Act of Parliament to execute the necessary measures. Therefore, the inclusion of changes to the Architects' Act does not suggest that any roles under the Building Safety Act are restricted to architects – the dutyholders described under the Act are not assigned to any particular professional, but are driven by competence.

CIAT will be supporting its members in developing, enhancing, and evidencing the competences necessary to undertake roles such as the Building Safety Act Principal Designer once the relevant secondary legislation has passed.

These factsheets provide more information and clarify that the appointment of duty holders is to be driven by competence (rather than an existing "title").

Tags (Specialism/Topics)

Building Safety