First BSR prosecution ‘only a matter of time’

12/12/24

The first Building Safety Regulator (BSR) prosecution is "only a matter of time", according to Dame Judith Hackitt, because of companies trying to "game the system" on building safety.

Speaking at the annual Sir James Wates lecture, organised by CIOB, Hackitt pulled no punches in a sobering speech, criticising the lack of behavioural change in construction, a key theme of her 2018 post-Grenfell report Building a Safer Future.

She said an "appalling attitude continues to prevail", despite the 2022 Building Safety Act now being in force and the recommendations of the Grenfell Inquiry report.

"I feel strongly that it is time for us to name and shame those who continue to try to game the new system," Hackitt said, adding that when a prosecution does happen, it may "galvanise a few more into action".

She noted that planning gateway one, introduced through the Building Safety Act, had "put the brakes on more than 50 per cent of applications in the very early days of its introduction.

This has now dropped, I'm pleased to say, but it's still running at 20 per cent, which feels high to me. There are still 20 per cent of applications going in at planning gateway one where people are seeing if they can get away with it."

Common failings, Hackitt continued, included submitting floorplans as designs and a lack of early engagement of fire engineers. "One application received by BSR simply said, 'I don't know why I have to do this. It complies!'," she added.

The lecture was titled 'In Search of the Leaders' and Hackitt said she was making a plea for leaders on building safety to emerge from the industry.

"I've spoken to companies large and small who do 'get it'. I applaud them for what they're doing and feel that they deserve greater recognition," she commented.