Balancing the Building Safety Act with Foundational Health & Safety Legislation: What your business should know

The Building Safety Act 2022 represents a watershed moment for the UK construction industry, born from the tragic lessons of Grenfell Tower.

Its introduction has rightfully commanded significant attention and resources across the sector.

However, as construction companies navigate this new regulatory landscape, a critical perspective must be maintained: the BSA complements rather than supersedes the existing health and safety framework.

The Health and Safety at Work Act 1974 and the CDM Regulations 2015 remain the foundational pillars upon which all construction safety is built.

 

The Enduring Foundation: HSWA 1974 and CDM 2015

The Health and Safety at Work Act 1974 established the fundamental principle that employers must ensure, so far as reasonably practicable, the health, safety and welfare of all employees.

This legislation applies universally across every construction activity, regardless of building height, use, or complexity. Its scope encompasses the entire industry—from groundworks to finishing trades, from residential developments to infrastructure projects.

Similarly, the CDM Regulations 2015 provide a comprehensive lifecycle approach to construction safety, establishing clear duty holder responsibilities from initial design through to demolition. These regulations mandate coordination between clients, principal designers, principal contractors, and individual contractors, ensuring safety considerations are embedded throughout project delivery. The CDM framework addresses hazards ranging from working at height and structural stability to asbestos management and utility strikes—risks present on virtually every construction site.

The proven effectiveness of this regulatory framework cannot be overstated. Since HSWA’s introduction, construction fatalities have decreased substantially, whilst the CDM Regulations have fostered a culture where safety is considered from project conception. These regulations remain legally paramount for day-to-day construction operations, governing the vast majority of activities that construction companies undertake. They establish non-negotiable minimum standards that apply irrespective of whether a project falls within the Building Safety Act’s remit.

 

The Building Safety Act’s Specific Remit

The Building Safety Act operates within a deliberately targeted scope. Its primary focus addresses higher-risk buildings, specifically residential structures exceeding 18 metres in height or containing at least seven storeys. The Act introduces new roles—including the Principal Accountable Person and Building Safety Regulator—and establishes enhanced regulatory oversight through a gateway process for defined projects during design, pre-construction, and completion phases.

This sector-specific enhancement addresses particular risks associated with high-rise residential buildings, where fire safety and structural integrity failures can have catastrophic consequences. The BSA strengthens accountability and traceability for these specific building types, creating additional layers of scrutiny beyond existing requirements.

However, it is crucial to recognise what the BSA is not: it is not a wholesale replacement of existing health and safety legislation, nor does it diminish the legal force of HSWA or CDM obligations. Rather, it functions as an additional regulatory layer for a defined subset of construction projects, sitting alongside—not above—the foundational framework that governs all construction work.

 

The Danger of Misplaced Priorities

The construction industry’s understandable focus on BSA compliance creates a genuine risk of resource diversion from broader health and safety obligations. Companies concentrating disproportionately on BSA requirements may inadvertently neglect their HSWA and CDM responsibilities on projects falling outside the Act’s scope—commercial developments, industrial facilities, low-rise residential, infrastructure works, and refurbishment projects.

This represents a significant concern because the overwhelming majority of construction work falls outside BSA parameters. A company that excels in BSA compliance whilst failing to maintain robust HSWA and CDM systems across all projects exposes itself to substantial legal liability and, more importantly, compromises worker safety on numerous sites.

The consequences extend beyond regulatory non-compliance. Workers on non-BSA projects deserve the same rigorous safety standards as those on high-rise residential developments. Deprioritising foundational health and safety obligations creates a two-tier safety culture, undermining the industry’s hard-won progress in reducing workplace injuries and fatalities.

 

BSG Comment

The Building Safety Act represents essential progress in addressing specific risks within high-rise residential construction. However, construction companies must maintain absolute clarity regarding legislative hierarchy and scope. The HSWA 1974 and CDM Regulations 2015 remain non-negotiable baselines applicable to all construction activities, whilst the BSA provides additional requirements for particular building types.

An integrated compliance approach is essential—one that treats the BSA as an additional layer rather than a replacement framework. Companies should allocate resources proportionately, ensuring that enhanced BSA compliance does not compromise the robust HSWA and CDM systems that protect workers across all projects.

The industry’s responsibility extends beyond regulatory compliance to maintaining a comprehensive health and safety culture that values every worker’s wellbeing, regardless of project type. Only by preserving the primacy of foundational legislation whilst embracing sector-specific enhancements can the construction industry truly honour its duty of care to its workforce.