Part 2: The Regulator and its functions The regulator and its functions Section 6: Facilitating improvement in competence of industry and building inspectors Background
This is a new provision. The Independent Review recognised competence as an area where improvement was needed across the built environment sector.
Example 1: Functions in relation to industry competence
Under this duty, the Building Safety Regulator may undertake activities such as setting the strategic direction of the competence committee (see section 10) to increase competence within the built environment industry, carrying out research and analysis, convening working groups, developing a communications strategy and other activities which support this duty. For example, the Building Safety Regulator may use the insights it gains into the competence levels within the built environment industry to focus the committee’s activities on areas where additional work is most needed and can have the most impact.
The Building Safety Regulator can also develop and implement a communications plan with the industry competence committee to encourage industry’s use of the competence frameworks and to highlight the legal requirements regarding competence.
Example 2: Functions in relation to registered building inspectors
Under this duty, the Building Safety Regulator can develop a strategy to increase the competence of registered building inspectors through advice, guidance, training, working groups, advisory committees or research and analysis. One way the regulator might do this could be through commissioning research to look into current competence within the profession and producing advice on key areas for improvement. Following this advice, the Building Safety Regulator could then publish new guidance for registered building inspectors on how to improve their competence and recommend training to help achieve this.
Example 1
When making proposals to the Secretary of State for changes to the building regulations, the Building Safety Regulator could act in line with its objectives by suggesting changes to the regulations to seek to resolve a recurring problem with standards of buildings.
Example 2
When undertaking its functions in respect of higher-risk buildings under the new regime in Part 4 of the Act, the Building Safety Regulator could exercise its functions with a view to securing the safety of people in or about buildings by preparing best practice guidance encouraging dutyholders to deliver their responsibilities for resident safety effectively.
Example 3
Where dutyholders do not respond positively to encouragement and information, active enforcement of the new regime could also help meet the objective to exercise its functions with a view to securing safety.
When enforcing Part 4, the Building Safety Regulator will have regard to the principles. We expect that the regulator will operate consistently and transparently, e.g. on the basis of a published enforcement framework, which is the approach suggested by the Regulator’s Code. The action taken will be proportionate to the seriousness of the breach and targeted at cases where action is needed.