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Tell us about rogue operators, Building Safety Regulator urges

BSR wants industry to call out bad actors and encourages clients to take a lead on competence, writes Will Mann

Deputy director of the BSR Tim Galloway. Image Julie Kim
Deputy director of the BSR Tim Galloway. Image: Julie Kim

The Building Safety Regulator (BSR) has urged the built environment sector to share intelligence on rogue operators, amid continuing concerns over industry competence and the quality of higher-risk buildings (HRBs).

Speaking at a CM building safety roundtable, attended by several major HRB asset owners, deputy director of the BSR Tim Galloway said: “If you are aware of a rogue operator, tell us. Industry participants are a key source of intelligence. While we may not always be able to act, information from people in the sector is extremely valuable.

“There are formal routes for residents to raise concerns and mechanisms for complaints against building inspectors and approvers, but direct communication from industry is also important.

“Don’t underestimate the value of simply raising an issue with us.”

“If you are aware of a rogue operator, tell us. Industry participants are a key source of intelligence”

Tim Galloway, Building Safety Regulator

His comments came in response to a question from Scott Ramage, head of facilities at care home operator Riverstone Living, who said: “There are many building owners who haven’t even registered HRBs or are behind on adopting the legislation. How do we ensure they are identified and held to account?”

Also at the roundtable was CIOB past president and member of the Building Advisory Committee Paul Nash, who warned that significant defects were still being found in recently completed buildings nine years after the Grenfell Tower fire.

“Last year’s injunction served by the BSR against a student accommodation developer highlighted serious defects in a building that had been presented for approval,” Nash said. “That raises fundamental cultural questions – how such a building could be considered acceptable.”

Asked if any high-profile prosecutions of building owners were likely, Sarah Buxcey, deputy director of operations at the BSR, replied: “Case law will continue to develop over time, helping to further define standards and expectations.

“As a relatively new regulator, our enforcement activity is focused and proportionate, supported by reliable intelligence to ensure resources are directed where they can have the greatest impact.”

Competence questions

Ramage also questioned the lack of a clear competence framework for those responsible for managing buildings in operation.

Galloway noted that the Industry Competence Committee (ICC) has just published Setting Expectations on Competence Management to provide guidance in this area, but encouraged clients to take a lead.

“Organisations like yours [Riverstone] are likely already ahead of the curve and may be setting standards in practice,” he said. “Rather than waiting for the regulator, organisations can take the initiative, develop their own frameworks and contribute to cultural change.”

He added: “Competence is key – not just initial training, but ongoing professional development. People may believe they are competent based on past experience, but without continuous learning their knowledge becomes outdated.”

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