Building Safety Policy

This Policy applies to all employees of YHG and is applicable to all high-rise blocks as defined in the Building Safety Act 2022 (The Act) which currently defines high-rise (also referred to as higher-risk) buildings (HRB) as those of 18m+ in height, or 7 storeys and above. This includes all tenures including leasehold, shared ownership, social, affordable, market rent and privately rented accommodation.  
In addition to these buildings, this policy applies to the three six storey buildings.  

Whilst The Act does not apply, in its current form, to these buildings YHG has voluntarily extended the principles of this policy to include 
these properties where appropriate.  For example, the engagement strategy and applicable projects to ensure consistency in how we manage building safety across all of our taller buildings.  

The buildings this policy applies to are: 

7 Storey/18m+ Buildings 

1. Buckingham House
2. Brompton House
3. Rutland house
4. Sydenham House
5. York House
6. Adlington House
7. Stanlo House
8. Princess Court
9. Thorngrove House
10. Canal Court 

6 Storey Buildings 

1. Aytoun Court
2. Faulkner Court
3. Northpoint House 

For all other buildings, out of the scope of this policy, the Fire Safety Policy and Fire Safety Management plan details our approach to these buildings.  

To the extent that YHG or its subsidiaries, acquire any additional properties which fall within the scope of this policy, they will be managed in accordance with this policy and will be added to the list above when the policy is reviewed and updated.    

The Act (The Building Safety Act 2022): became law in April 2022.

The Act was developed following Dame Judith Hackitt’s independent review of building regulations and fire safety, commissioned after the Grenfell Tower tragedy in 2017. It introduces wide scale reforms to support building safety across the industry through design, construction, and management of residential blocks classed as higher risk buildings.   

Accountable Person (AP) or Principal accountable person (PAP):  
The AP is the entity that must ultimately discharge the new duties in relation to a HRB. It is defined at section 72 of BSA as a person or entity that has a legal estate in possession of any part of the common parts of the building, or a person that has a repairing obligation in relation to the common parts of the building. 

There are limited exceptions to this definition, which includes  circumstances where:  

• The estate owner grants long leases that include tenant repairing obligations to the common parts of the property;
• Where all repairing obligations relating to the common parts are functions of an RTM company; or
• Where the HRB is on commonhold land and the commonhold association is the accountable person for the HRB. 

Where a building only has one AP, the AP will automatically be the PAP. Where there is more than one person or entity that fits that description of an AP, a PAP is to be appointed. The appointed PAP will be the AP which holds legal estate in possession in the structure and exterior of the building or has the relevant repairing obligation in relation to the structure and exterior parts. This will usually be the freeholder or head leaseholder. 

For the purposes of this policy, Your Housing Group (YHG) or the relevant subsidiary with control of the HRB is the Principal Accountable Person (PAP) for higher-risk buildings (HRBs) under its ownership or control. As the dutyholder, YHG or the relevant subsidiary is legally responsible for ensuring compliance with 
the Act in relation to these buildings. This includes the duty to prevent and reduce the severity of building safety incidents, particularly those involving fire or structural failure. 

Building Safety Case (BSC) and Safety Case Report: The BSC is the body of evidence required to demonstrate that we are meeting the requirements of The Act and that we are actively managing fire and structural risks within a higher risk building. The Safety Case Report summarises the detailed information contained in the BSC and will be managed by the Building Safety Manager (BSM), reporting to the Head of Compliance and Building Safety.  They will ensure the information detailed is accurate, regularly reviewed/updated and submitted to the BSR on behalf of the PAP. A summary of the BSC in the form of a safety case report will be submitted to the Building Safety Regulator when requested, within 28 days.  

Building Safety Regulator (BSR): The regulatory arm of the Health and Safety Executive (HSE) responsible for the requirements of the Building Safety Act 2022. 

The BSR has three main functions:  

• overseeing the safety and standards of all buildings  
• helping and encouraging the built environment industry and building control professionals to improve their competence 
• leading implementation of the new regulatory framework for high-rise buildings.   

The building safety reforms introduce a new regulatory framework for HRBs and include the following:  

• HSE is a statutory consultee for planning applications  
• BSR is the building control authority for high-rise buildings 
• decision points during design and construction  
• giving dutyholders clear accountability and statutory responsibilities as buildings are designed, built, refurbished and occupied  
• a golden thread of building information - identified, stored and updated throughout the building's life cycle  
• mandatory reporting of prescribed fire and structural safety occurrences to BSR   

External Wall Assessment (FRAEW), defined as Fire Risk Appraisal of the External Wall in PAS9980.  This is an assessment that is required on buildings with any attachments to the external wall such as cladding/balconies completed by a Chartered Fire Engineer.  The assessment requires an external invasive inspection at various locations to inspect the materials present in the external wall which will require access equipment to safely reach these areas. For the 
avoidance of doubt, YHG is required to assess the fire risk of external wall systems in all buildings with two or more dwellings.

However, not all buildings (e.g. low-rise buildings) require a FRAEW to be carried out in accordance with PAS 9980, subject to advice by a competent fire risk assessor.   

Fire Risk Assessment (FRA) - A building assessment that identifies any fire hazards, evaluates the risk of those hazards, and recommends action that should be taken to remove, reduce or manage the risk.    

The Plan (Building Safety Management Plan): provides the detail to support this policy. It details key projects that will be delivered to ensure we meet the objectives of this policy. 

Consultation has taken place with the following, with feedback reviewed and the policy updated to reflect this:    

• Equality Impact Assessors Group,    
• Director of Growth & Asset,  
• Fire Safety Manager & Building Safety Manager
• High-Rise Forum and Customer Connect Panel
• Members of Building and Fire Safety Core Group  
• Externally with our Primary Authority Partners at Greater Manchester Fire Rescue Service. 

The Act takes forward the Government’s commitment to the fundamental reform of the building safety system and contains 143 individual clauses that are spread across 6 parts.   

The Act has established a new building safety regime in England with the introduction of the BSR and also sets out the legislative framework for the design and construction of new buildings and those undergoing significant refurbishment.  

In addition, The Act introduced new roles, such as the Accountable Person (AP) and require that landlords apply for building registration and licensing via the submission of Building Safety Cases for all in-scope buildings and implement a mandatory occurrence reporting policy. 

The Act places a legal obligation on the Accountable Person to ensure residents are involved in the decisions that concern the safety of their building.  

The AP is required to, among other things:  

• Produce and implement a residents engagement strategy that promotes resident’s engagement and involvement in decision-making about safety issues  
• Establish a complaints system that ensures residents’ safety concerns are heard and dealt with, in accordance with the BSA requirements
• Report safety occurrences to BSR and report them on the mandatory occurrence reporting system operated by the PAP
• Keep, update and manage the building’s safety case
• Keep certain information about the building, also known as the golden thread of information
• Provide building information to relevant individuals and organisations. 

The PAP will need to liaise with all relevant APs, share information, acquire an approved building assessment certificate through occupation on a five-year basis, and take reasonable measures for compliance with the Act in all other ways. The AP could be a named entity (such as a housing association, council, or management company), or a named person. Notification to changes responsibility of a higher risk building’s AP or PAP (such as when the ownership 
changes) must be provided to the BSR. 

The PAP must register the building with BSR. As part of the 
registration process, they must:

• submit structure and fire safety information about the building; and  
• notify BSR of any changes to the information submitted at registration.

The PAP must also make sure that the structural and fire safety risks are managed properly for the whole building. The PAP must check that all APs for the building have: 

• Identified and assessed the fire and structural risks in their parts of the building 
• Taken steps to prevent incidents from happening 
• Put measures in place to lessen the severity of any incident.

The PAP must:

• Put together a safety case for the building;
• Prepare and update the building’s safety case report;
• Report safety occurrences to BSR;
• Operate a mandatory occurrence reporting system;
• Operate a BSR-compliant complaints system;
• Display required information and documentation clearly within the building;
• Prepare and update a resident engagement strategy;
• Apply for a building assessment certificate when told to do so by BSR;
• Provide building information to relevant individuals and organisations. 

A full list of AP and PAP duties and obligations is included at Appendices of the Building Safety Management Plan. The relevant defined terms are included at Appendix 2 of this policy.   

Residents will also have the ability to escalate complaints to the Building Safety Regulator by using this website - Contact the Building Safety Regulator - GOV.UK https://www.gov.uk/guidance/contact-the-building-safety-regulator. 

In addition, residents are under an obligation to:  

• Not act in a way that creates a significant risk of fire or structural failure  
• Not interfere with a relevant safety item  
• Comply with a request by the Accountable Person for 
  information reasonably required to perform their duties to assess and manage building safety risks. 

This policy details how YHG meets the requirements of the Fire Safety Act (FSA) and the Building Safety Act (The Act). This is further supported by the Building Safety Management Plan and other policies and procedures. 

The policy ensures YHG meets the requirements of legislation and demonstrates how YHG meets any applicable.  

YHG as a minimum will ensure that we;

• Achieve compliance with legislation and report on areas on noncompliance to ensure effective action is taken to return to a compliant state as soon as is reasonably practicable
• Areas of non-compliance will be recorded, with actions plans and outcomes also recorded for inclusion in the Building Safety Case Report
• Ensure our residents’ safety is enhanced by undertaking a whole building approach across our buildings in-scope of this policy by proactively managing risks identified in safety related inspections (FRAs, FRAEWs, Type4 FRAs, Fire safety Audits etc.) from design through to occupation and the life of the building
• Continue to engage on building safety matters with the Groups Primary Authority Partner GMFRS and rive effective cooperative relationships with local Fire Service partners
• Ensure general precautions are undertaken, in line with legislation, such as the regular inspection of communal areas and all fire doors throughout all buildings
• Carry out effective fire door management to include all fire doors in applicable buildings
• Provide appropriate arrangements for the effective planning, control, monitoring, and review of building safety which considers each building and resident needs
• Develop and retain specific building information to be “digital by default” that meets the “golden thread” of information requirements
• Ensure the Golden Thread of Information is maintained throughout the life-cycle of in development and in-occupation buildings including, and not limited to, buildings undergoing remediation of refurbishment with all data digital by default
• Continue to develop, review and update the Building Safety Case and Safety Case Reports ensuring that applicable, accurate, information is readily available and stored in one central location
• Effectively engage with all customers as detailed in the 
  Resident Engagement Strategy and ensure we consider the individual needs across all age groups and diversities which will be delivered in a number of ways (for example face to face, letters, website information)
• Deliver this approach consistently across all tenures in applicable in scope buildings 
• Ensure that all staff who work in or around the buildings applicable to this policy maintain their competency
• Consider the impact of all projects where there will be a direct impact on individual residents.  In all cases we will ensure that each residents individual needs are considered. For example, reasonable adaptations may be required to help people with disabilities
• We complete PCFRAs, as detailed in the NFCC Person-Centred Fire Risk Assessment guidance (2023), to help residents stay safe in their home or alternative arrangements may be required to accommodate specific resident’s needs (i.e., those who are pregnant) when works directly affect their home
• Effective resident engagement will be key in identifying these needs and working with residents to ensure their needs are considered. 

Building Safety Management Plan 

The delivery of this policy is supported by YHG’s Building Safety Management Plan (BSMP), which sets out the projects, processes, and operational activities we undertake to ensure compliance with the Building Safety Act 2022 and related legislation. 

It provides the detail to support this policy and details the key projects (summarised below) that will be delivered to ensure we meet the objectives of this policy. This plan will be subject to more frequent reviews to ensure that it remains fit for purpose and meets requirements of new legislation issued to support The Act. 

• Oversight (Building and Fire Safety Core Group, Risk and 
  Compliance, Property Operations Committee)  
• Building safety cases and safety case reports  
• Resident engagement  
• Building reviews - specialist inspections completed such 
  as fire risk assessments, structural surveys, external 
  wall assessments
• Fire door management
• Contractor management
• Customer information and evacuation strategies
• Building Safety Information  
• Engagement with the Fire Service  
• Mandatory occurrence reporting (MOR)  
• Customer safety concerns and complaints  
• Information handling and golden thread  
• New build properties  
• Property remediation, refurbishment and Building Works.

The Plan is subject to regular review to ensure it remains aligned with current legislation and updated where legislation or guidance changes, including regulatory guidance and emerging best practice. 
Progress against this policy and the Management Plan is monitored through our governance structures, including the Building and Fire Safety core Group, Risk and regular reporting to committees such as Risk and Compliance and Property Operations Committee.

The roles and responsibilities for key stakeholders across YHG is detailed below:   

Board and Property Operations Committee will review reports that provide progress updates to ensure that Your Housing Group is meeting the requirements of the Building Safety Act 2022 and Fire Safety Act 2021, and this policy.   

Chief Executive will need to ensure adequate resources are made available to ensure we are able to comply with the requirements of legislation. The Chief Executive will delegate their responsibilities to the Executive Director of Developments and Assets, and Director of Asset & Growth.   

Executive Director of Developments and Assets, and Director of Asset & Growth will work closely with the Head of Compliance and Building Safety to design and implement suitable projects that ensure the Group remains compliant with building safety legislation. They are responsible for strategic planning, project oversight, and implementation of this policy, including ensuring that appropriate governance, reporting mechanisms, and risk controls are in place. Progress against building safety objectives will be reported regularly to Property Operations Committee and Board. 

Head of Compliance and Building Safety (HoC&BS) is responsible for the implementation of this policy and the development and delivery of the projects and the management of all compliance activities. 

They will monitor and track performance to ensure YHG remains compliant with current legislative requirements and that projects are on track to ensure we are ready for the implementation of future legislation and guidance.  

They will work closely with all departments across the Group to deliver the requirements of this policy and to ensure buildings within the scope of The Act remain safe.    

They will work directly with the Building Safety Manager and Building Safety Coordinator to ensure YHG meets these legislative requirements. 

To ensure Governance and oversight of performance against this policy and associated Plan, they will provide regular progress updates to the Building and Fire Safety Core Group and regular reports on progress to both Property Operations Committee and the Risk and Compliance Group. 

The HoC&BS will also be responsible for reporting any mandatory occurrences and managing the relation with the BSR and submitting safety case reports and requests for information, supported by the BSM and ABSM. 

Building Safety Manager (BSM) working with the ABSM, they support the HoC&BS with the delivery of this policy.  The BSM is responsible for supporting the management of all buildings in-scope of the Building Safety Act focusing on structural and fire. The BSM will check, audit and review all projects completed in high-rise buildings relating to structural and fire safety and feed information into the Building Safety Case process to ensure it the Safety Case remains up to date. The BSM will work with colleagues across the Group such as Compliance to ensure all in-scope buildings remain compliant and that certification is available to share with customers and follow-on works are completed. In addition, the BSM will assist with specific Building Safety projects and the day-today contract management requirements.  

They will support the BSM with other additional duties such as reviewing and auditing activities taking place in our high rise buildings, supporting colleagues, contractors and consultants to access the buildings relevant information. They will record completed reports ensuring these are uploaded to applicable systems to ensure the Golden Thread of Information.   

The risks of not following this policy are that YHG will not comply with the requirements of The Act and the Fire Safety Act 2021 and other legislation such as the Regulatory Reform (fire Safety) Order 2005 (RRFSO), relevant codes of practice and good practice guidance.   

This may result in:  

• Prosecution by the Health and Safety Executive under Health and Safety at Work etc. Act 1974 and the Building Safety Act 2022 (via the BSR)
• Prosecution by the Fire and Rescue Service under the Building Safety Act 2022, RRFSO and/or Fire Safety Act 2021 
• Prosecution by the Local Authority under the Housing Act 2004 
• Prosecution under Corporate Manslaughter and Corporate Homicide Act 2007  
• Regulatory action by the Regulator of Social Housing 
• Reputational damage  
• Loss of confidence by stakeholders in the organisation 

Reporting to the Building Safety Regulator

If residents have serious concerns about building safety - specifically relating to fire or structural risks - they can report these directly to the Building Safety Regulator.  

Reports can be submitted via email to [email protected] or through the Regulator’s online portal. Residents are encouraged to raise concerns with Your Housing Group first but that they can escalate to the Regulator if they feel their concerns have not been adequately addressed. 

The information retained as part of current projects does not refer to individual properties. However, as the golden thread of information is developed this information may refer to individual flats but will not record any personal information on the residents.  

Details will be retained of engagement and communication with residents regarding Building Safety and specific information that applies to their building. Individual responses to these communications will be retained.  

This Policy will be applied in a way which ensures equality of treatment for all customers without discrimination, or victimisation on account of any protected characteristic as defined within the Equality Act 2010. In drafting this policy YHG has had regard to its public sector equality duties under s149 of the Equality Act 2010, namely the need to:  

• Eliminate discrimination, harassment, victimisation, and any other conduct that is prohibited under the Act
• Advance equality of opportunity between people who share a relevant protected characteristic and persons who do not share it
• Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.   

The policy pays regard to diversities around access to and delivery of any services.   

An Equality Impact Assessment (EIA) has been undertaken on this policy and copies of the EIAs are available upon request.  

On request YHG will provide translations of all its documents, policies and procedures in various languages and formats including computer disc, braille, large print, and tape.   

This policy will be communicated internally to staff via the intranet Youggle. Key stakeholders and key staff where this policy has specific impact will be briefed individually or collectively as required. 

This policy will be available to customers on request as part of the information that we will make available to customers as defined in The Act. 

This policy will be available on the YHG website. 

A key area of The Act is to ensure that anyone undertaking works is competent to work in buildings that are in-scope of The Act, which is also detailed in PAS 8673.   

YHG is committed to ensuring that all staff involved in the management of buildings in scope of the Building Safety Act are competent and appropriately trained, therefore this commitment extends to staff involved in the management of the in-scope buildings. 

Staff undertaking safety-critical functions, such as Building Safety 
Managers, Site Compliance Officers (SCO), and Compliance Facilities Agents (CFA), will be required to demonstrate competence, and where reasonable YHG will support colleagues in this regard and consider the expectations set out in PAS 8673 and other relevant national standards such as the BSR’s competence framework for Accountable Persons (due in 2025).

This includes the completion of role-specific training, formal qualifications where necessary, and refresher courses to ensure their skills and knowledge remain current. 

YHG has already supported colleagues in this regard as the Level 6 Diploma in Building Safety Management is now held by the Head of Compliance and Building Safety, Fire Safety Manager and Quality Improvement Manager. The Assistant Building Safety Manager and Building Safety Manager will also undertake this qualification in 2025. Additional suitable training will be provided to aid their development, and we support their attendance at CPD events.  

Further training and qualifications may be required as new guidance and legislation is released. YHG regularly assesses training needs through competence reviews to ensure that all staff have access to suitable learning and development opportunities. 

Records of training, qualifications, and competence assessments will be maintained as part of our Golden Thread of information. 

Performance will be reported to Property Operations Committee and Board to demonstrate the progress against the various projects that are currently being delivered.    

Regular performance reviews will be undertaken at a team level and with the Service Improvement Plan in SIP (Service Improvement Plan) monthly meetings with the Quality Improvement Manager and progress reported to the Building and Fire Safety Core Group. 

This policy will be reviewed every two years, or sooner if required by statutory, regulatory, best practice, emerging developments, or circumstances arising from reviews of other Group wide policies.  This policy will be reviewed and updated as new secondary legislation and regulatory guidance is issued.