The Impact of the Building Safety Act on Basement and Below-Ground Construction

The Building Safety Act has ushered in a new era of accountability in the construction industry with implications for basement and below-ground projects.

These complex undertakings, often involving high-risk excavation, structural integrity concerns, and critical waterproofing systems, are now subject to stricter scrutiny. With the Building Safety Act placing a legal obligation on contractors to prove their competence and on clients to ensure they are hiring qualified professionals, the stakes and cost of failure have never been higher. For those involved in basement construction, understanding and complying with these new regulations is not just essential for project success - it will soon be a legal requirement!

Basement and below-ground construction come with elevated risks due to the complex nature of excavation, structural support and waterproofing. The Building Safety Act increases the responsibility for contractors, making it essential for principal contractors and designers in these projects to ensure that the professionals they hire are fully competent. This mirrors the approach taken in the CDM (Construction, Design, and Management) Regulations, but with an even greater focus on ensuring that safety standards are rigorously followed.

The Act mandates that clients submit declarations confirming that the contractors they engage are capable of performing their roles competently. This means that for basement construction, where the stakes are high due to the risk of water ingress and structural failure, selecting experienced and skilled contractors is no longer just a best practice - it’s a legal obligation! The Building Safety Act holds all parties accountable, particularly those responsible for safety-critical areas like temporary works.

Waterproofing is a crucial element of most basement and below-ground construction projects. As much as the Building Safety Act's focus is on safety and competence, when it comes to elements below ground such as waterproofing, there is still the ripple of an impact. This impact principally falls on the competence mentioned requiring waterproofing work be carried out by certified professionals. Poor waterproofing can lead to significant structural issues, from damp and mould to severe water ingress that compromises the building’s safety and habitability. As much as the Act does not directly reference waterproofing, it does demand that works be executed to the highest standards to ensure that the integrity of the building is maintained long-term. This will include waterproofing!

The 2023 International Structural Waterproofing Conference highlighted how the Building Safety Act may reshape the approach to waterproofing in basement construction. With the Act soon to be in place, there is a clear expectation that only qualified specialists should be trusted with this critical component. The Act’s extension of the Defective Premises Act further reinforces this, ensuring that buildings, including basements, must be fit for habitation without causing undue health risks or inconvenience.

The Building Safety Act also extends its reach by making principal contractors and designers more accountable for the safety and compliance of below-ground works. This includes ensuring that excavation, temporary works, and waterproofing systems meet the strict safety standards outlined in the Act. Basement projects often involve complex engineering and safety challenges that require a high level of expertise. The Act mandates that these be overseen by professionals with proven competence.

For basement and below-ground construction, the Act also brings greater scrutiny from the Building Safety Regulator, part of the Health & Safety Executive (HSE). This regulator has the authority to enforce compliance and issue penalties for non-compliance, making it essential for all parties involved in basement construction to adhere to the new standards.