Building Safety Act: five key messages for scaffolding contractors
Since the Building Safety Act came into force, it has generated significant uncertainty across the construction sector, and the scaffolding industry has been no exception. Questions around whether scaffolding constitutes building work, whether gateway approvals are required and what additional procedures contractors need to put in place have been circulating for some time.
NASC has been working to get clarity on these questions, engaging directly with the Building Safety Minister and working alongside Build UK. Last week we published PAG02:26, new guidance setting out the practical implications for scaffolding contractors. Here are the five key messages every contractor needs to know.
1. Temporary access scaffolding is generally not "building work"
The Building Safety Minister has confirmed that temporary access scaffolding does not meet the definition of building work under the Building Regulations 2010 and therefore falls outside the Building Safety Act building control regime, unless it remains as part of the permanent structure. This view is supported by NASC, Build UK and Wedlake Bell LLP who have been supporting NASC with this guidance.
2. Building Control approval is not required before erecting scaffolding
Scaffolding can be erected without Gateway or Building Control approval, even on Higher-Risk Building projects, provided it is temporary access equipment and not part of the permanent structure.
3. Existing health and safety legislation remains the primary legal framework
Scaffolding contractors continue to be regulated through established legislation including the Health and Safety at Work Act, the CDM Regulations 2015, the Work at Height Regulations 2005 and related temporary works requirements. Nothing has changed in this regard and contractors should continue to operate in line with these existing obligations.
4. No separate Building Safety Act procedures are required for scaffolding contractors
Scaffolding contractors complying with existing statutory duties should already have the necessary evidence, including RAMS, designs, inspections and competence records, to demonstrate compliance and competent management. Creating standalone Building Safety Act procedures is not considered necessary.
5. NASC has produced a bulletin for scaffolding contractors working on higher-risk buildings
Although scaffolding falls outside the scope of the Building Safety Act 2022, competency, fire prevention and temporary works must be of a high standard in line with existing construction legislation and NASC guidance. The PAG02:26 guide sets out in practical detail what scaffolding contractors working on higher-risk buildings need to consider to meet these existing requirements.
NASCs PAG02:26 guidance is available in the Members Benefit section of the NASC website here.
