微密圈

As the 微密圈 Safety Act (BSA) continues to reshape the construction and housing landscape across the UK, the Midlands is feeling its effects acutely.

This is a region undergoing ambitious regeneration, with major urban centres such as Birmingham pushing forward on complex housing, social infrastructure and commercial developments.

But with new legislation comes new responsibilities 鈥� and a fresh set of challenges.

To explore these issues, 微密圈 convened a roundtable in Birmingham as part of the 微密圈 the Future Think Tank, chaired by the magazine鈥檚 architectural editor Ben Flatman.

From the start of 2023, the 微密圈 the Future Commission was working to discover solutions and initiatives to improve the built environment. The commission published its final report early last year, and subsequently transitioned into the 微密圈 the Future Think Tank, which has continued into 2025.

As part of the think tank鈥檚 fact-finding work, and in partnership with Constructing Excellence and supported by national sponsors Fenwick Elliott and Gleeds, we are this year once again travelling around the country convening high-level roundtable discussions with experts in different regions to ensure that the think tank hears from all corners of the UK.

The Midlands session, which follows the year鈥檚 first roundtable in Cambridge, brought together a diverse group of professionals to share how the BSA is being felt on the ground. The result was a frank and wide-ranging conversation on risk, regulation, culture and competence.

The event was held before the government鈥檚 recently announced reforms of the 微密圈 Safety Regulator (BSR).

Clarity, capacity and competence

The conversation began with a clear consensus: the BSA has significantly raised the bar, but also the burden, for the entire construction sector.

鈥淐apacity and capability are our biggest challenges,鈥� said Julie Bell-Barker, head of projects and works at City of Wolverhampton Council. 鈥淔rom a client perspective, it鈥檚 about having the right people in place, but also making sure regulators and teams truly understand the construction process and procurement strategy.鈥�

Pollyanna Beasley, who has taken up the principal designer role at Pick Everard, echoed the concern. 鈥淕etting dutyholders to understand their responsibilities is a huge part of the challenge,鈥� she said. 鈥淲e鈥檙e having to give presentations to clients, designers and contractors to bridge knowledge gaps. And that adds strain across the whole delivery chain.鈥�

This need for cultural change and upskilling was reinforced by Richard Cymler, building control director for the Midlands at Sweco. 鈥淭he registration deadline for building inspectors came too fast. We lost a lot of people 鈥� some retired, some left the profession entirely,鈥� he said. 鈥淎nd while the act has been embraced by many working on higher-risk buildings (HRBs), there鈥檚 still a sizeable minority working on non-HRBs who are asking: what is this all about?鈥�

For Amrit Sagoo, head of construction management and quantity surveying at Nottingham Trent University, the shift represents a long-overdue wake-up call. 鈥淚t鈥檚 taken fatalities to prompt this level of cultural reform,鈥� he said. 鈥淲e鈥檝e restructured our curriculum and work closely with industry to ensure our graduates are future-proofed. But there鈥檚 still a long way to go.鈥�

Skills, shortages and the future workforce

An issue that raised concern around the table was the looming skills crisis facing the construction sector 鈥� one that is being intensified by the demands of the BSA.

鈥淭he industry is already stretched thin,鈥� said Tom Woodhead, deputy chief executive of Constructing Excellence Midlands. 鈥淲e鈥檝e got tight margins, rising expectations, and a growing list of regulatory and environmental requirements 鈥� from building safety to biodiversity net gain. SMEs are being pulled in too many directions.鈥�

Adrian Speller, managing director at Speller Metcalfe, added that competence is no longer just best practice 鈥� it鈥檚 now a legal requirement. 鈥淲e鈥檙e asking our supply chains to take ownership of compliance, but many smaller firms simply aren鈥檛 equipped for that level of responsibility,鈥� he said. 鈥淵ou might get a workforce on site, but are they the right people?鈥�

The discussion highlighted the difference between capacity and competence 鈥� two distinct but interdependent challenges. As Cymler explained: 鈥淵ou can have capacity without competence, and vice versa. But without both, you introduce risk. We need more people 鈥� and better-trained ones.鈥�

That training, many argued, must start earlier. Sagoo warned that some university courses still lack grounding in practical regulatory knowledge. 鈥淭here鈥檚 too much emphasis on aesthetics and not enough on buildability and compliance,鈥� he said. 鈥淲e鈥檙e working to change that, but education reform takes time.鈥�

Bell-Barker added that the industry鈥檚 fragmented workforce structure complicates compliance. 鈥淲e鈥檙e asking people to sign declarations, but when labour moves between jobs so frequently, how do we ensure consistency and accountability?鈥�

Woodhead noted that the industry鈥檚 longstanding image problem plays a role. 鈥淐onstruction isn鈥檛 seen as attractive to young people. They want tech, flexibility and creativity. Until we align our culture with those values, we鈥檒l struggle to bring in the next generation,鈥� he said.

The group agreed that solving the skills shortage will require co-ordinated action across education, policy and industry. 鈥淲e need clearer vocational routes, stronger ties between education and employers, and more focus on lifelong learning,鈥� said Sagoo. 鈥淥therwise, we鈥檒l have policies no one is left to deliver.鈥�

Gateways and gridlock: housing on hold

Attention then turned to the gateway approval system 鈥� particularly gateway 2, which has emerged as a major source of delay and uncertainty for higher-risk buildings.

David Vanderson, principal director at Weedon Architects, was unequivocal: 鈥淕ateway 2 is significantly slowing down housing delivery. It鈥檚 creating a situation where developers are reconsidering whether it鈥檚 worth pursuing urban sites. Some are even contemplating knocking floors off buildings to avoid the HRB threshold.鈥�

He explained that sites which had once been seen as prime for redevelopment are now being sidelined due to the sheer risk and delay involved. 鈥淲e鈥檝e even looked at removing top floors from an existing structure to stay under the threshold 鈥� because we know how difficult it is to get a compliant scheme through if you鈥檙e working with an old frame,鈥� he said.

Vanderson proposed a solution: split gateway 2 into two stages. 鈥淚f you were able to get to RIBA stage 3 prior 鈥� and say [to the BSR], 鈥楾his is my fire strategy, this is my ventilation strategy, this is my Part L strategy,鈥� and get permission to  proceed to a certain point, the developer then benefits, because viability is agreed. Then you spend stage 4 putting the nuts and bolts together before second stage goes through [and] the regulator already knows what the scheme is about, because they鈥檝e already agreed the early stages.鈥�

Sweco鈥檚 Cymler supported the idea and offered a comparative perspective. 鈥淭he ethos of the act is to front-load the design process,鈥� he noted. 鈥淏ut what we鈥檙e missing is a structured model. Scotland鈥檚 warrant system provides a useful precedent 鈥� it鈥檚 been in place for years and essentially requires that all major design work is completed and approved before construction begins. It鈥檚 not perfect, but it avoids the ambiguity we鈥檙e dealing with here.鈥�

The Scottish system, which mandates a 鈥渂uilding warrant鈥� (see box) before works can commence, was raised as a possible model to inform future iterations of the English system. 鈥淵ou don鈥檛 hear the same level of delay or confusion in Scotland,鈥� Cymler added. 鈥淲e should be asking why that is.鈥�

Wolverhampton council鈥檚 Bell-Barker agreed that the current system lacks the capacity and technical fluency to handle the volume of projects. 鈥淭here鈥檚 a shortage of skilled reviewers, and the regulator鈥檚 understanding of procurement models is limited. That creates frustration and further delay,鈥� she said.

Uncertainty, insurance and risk transfer

The panel also highlighted the ripple effects on insurance and legal liability 鈥� particularly for principal contractors and designers.

鈥淭here鈥檚 a chilling effect,鈥� said Speller Metcalfe鈥檚 Speller. 鈥淚nsurers are wary. There鈥檚 no case law yet to clarify how liability will be treated. So everyone is pushing risk onto everyone else. That undermines collaboration.鈥�

Nottingham Trent鈥檚 Sagoo provided a stark example: 鈥淢y own PI [professional indemnity] cover went from 拢3,000 to 拢12,000. And that鈥檚 without touching HRBs. For smaller firms, it鈥檚 just not viable.鈥�

Constructing Excellence鈥檚 Woodhead pointed to a growing disparity between large and small companies. 鈥淟arger players can absorb risk. But SMEs are being priced out. It鈥檚 becoming a two-tier system,鈥� he said. 鈥淭hat鈥檚 especially dangerous in a region like the Midlands, where SME builders play such a central role.鈥�

The topic of integrated project insurance (IPI) surfaced as a potential solution. However, as Bell-Barker pointed out, uptake remains low 鈥� particularly in the public sector.

鈥淭he barrier is often the legal route,鈥� she said. 鈥淐onstruction lawyers frequently advise against IPI because of the unfamiliarity and perceived risk. It鈥檚 likely to be more accessible for private clients.鈥�

Education, contracts and collaboration

One recurring theme was the need to rethink contractual frameworks and education.

鈥淧roject-specific competence checks are becoming standard, but there鈥檚 no universal framework,鈥� said Speller. 鈥淲e鈥檙e relying on PAS standards and self-declarations. That creates red tape and inconsistency.鈥�

Beasley added that competence must be supported, not just demanded. 鈥淵ou can鈥檛 get experience if you鈥檙e never given the opportunity. That starts with education and structured project mentoring.鈥�

Sagoo agreed, noting a broader flaw in professional education: 鈥淎rchitectural education has moved too far toward art and away from practical technical training. We鈥檙e trying to rebalance that.鈥�

The golden thread 鈥� and the human factors

Despite the focus on paperwork and digital systems, many panellists warned that safety cannot be delivered by process alone.

鈥淲e鈥檙e walking around sites more than ever,鈥� said Vanderson. 鈥淵ou can feel very quickly whether a job is being managed properly. You can鈥檛 get that from a piece of paper.鈥�

The group agreed that while documentation is vital for projects, it must reflect lived reality, with the overwhelming sentiment being that a compliant building is not just a technical outcome 鈥� to deliver safe buildings requires a culture of care and communication, all the way down the supply chain.

Cymler added a note of realism. 鈥淧eople are still designing by copying the last job. That鈥檚 not competence. We need everyone 鈥� from client to subcontractor 鈥� to ask, 鈥楢m I truly taking reasonable steps?鈥欌��

Housing, health and post-occupancy challenges

While the BSA focuses primarily on safety, the group stressed it must also be seen in context of resident wellbeing and long-term building performance.

鈥淪ome buildings have been wrapped in Monoflex for 18 months,鈥� said Weedon鈥檚 Vanderson. 鈥淭here鈥檚 got to be a fast-track mechanism for critical repairs.鈥�

He also raised the issue of user education: 鈥淲e鈥檙e handing over energy-efficient systems that residents don鈥檛 understand. One person reads the manual; the next turns the system off. That variability undermines everything.鈥�

Woodhead noted that aligning capex and opex remains a major challenge. 鈥淲e鈥檙e still seeing decisions made during construction that ignore the building鈥檚 long-term use. That has to change.鈥�

A region poised to lead by example

The Midlands鈥� experience with the 微密圈 Safety Act reveals a sector grappling with complexity but also rising to the challenge.

From clarifying roles and reforming procurement to strengthening education and rebuilding capacity, the region鈥檚 construction and housing professionals are actively shaping what safer, more accountable development should look like.

While uncertainty remains 鈥� particularly around interpretation, liability and resourcing 鈥� the consensus is clear: this is a pivotal moment to rebuild trust, modernise practice and embed a culture of responsibility.

If the Midlands can lead by example, it may well help set the standard for the rest of the country.