Decision details

Building Safety Act 2022

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

The report seeks the authority for the council to delegate new building safety responsibilities as set out in the Building Safety Act 2022 and to adopt a revised fire risk assessment policy that has been affected by the Building Safety Act 2022. Cabinet is was asked to:

 

  1. Approve the recommendation to name Thanet District Council as the Accountable person, as described in the Building Safety Act 2022;
  2. Approve the recommendation to name the Director of Place as the Principal Accountable Person, as described in the Building Safety Act 2022;
  3. Approve the adoption of the revised fire risk assessment policy;
  4. Delegate authority to the Director of Place to approve future minor amendments required to the fire risk assessment policy.

Decision:

Cabinet agreed the following:

 

1.  To approve the recommendation to name Thanet District Council as the Accountable person, as described in the Building Safety Act 2022;

 

2.  To approve the recommendation to name the Director of Place as the Principal Accountable Person, as described in the Building Safety Act 2022;

 

3.  To approve the adoption of the revised fire risk assessment policy;

 

4.  To delegate authority to the Director of Place to approve future minor amendments required to the fire risk assessment policy.

Reasons for the decision:

The requirements are set in legislation and are dependent on individual organisations structures as to who is best placed to fulfil these roles. The TLS has sought legal advice prior to making the above legislation to ensure the correct interpretation.

 

The fire risk assessment policy has been updated to incorporate the new requirements of the Building Safety Act 2022 and revision in the Regulatory Reform (Fire Safety) 2005.

Alternative options considered:

The alternative is to do nothing which would leave us open to legal challenge as we would not be compliant with the new legislation.

Report author: Sally O'Sullivan

Publication date: 16/06/2023

Date of decision: 15/06/2023

Decided at meeting: 15/06/2023 - Cabinet

Effective from: 24/06/2023

Accompanying Documents: