Building Safety Act: Why tendering needs to change

Since the Building Safety Act (BSA) came into force in October 2023, the industry has been focused on getting to grips with how the new legislative framework will impact design and construction, yet we have seen little change to the way projects are being tendered.

Before the new Building Safety Act gateway regime was introduced, there was a widely understood approach to two-stage tenders for Design & Build procurement. However, the tenders we have received recently haven’t reflected the changes to scope or specialist design information that is required as part of the new Gateway 2 application. 

This is only adding to a sense of confusion across the industry and could be a cause for non-compliance down the line. It could also be a contributing factor to why so many projects are being submitted with a lack of basic information.

By failing to review and amend the way projects procure design, we are missing out on a key opportunity to reinforce BSA requirements; to set the scene for design safety, identify leadership, roles and responsibilities, and to clearly and proactively communicate safety requirements and aspirations to the wider supply chain from the outset of a project.

If we are to accelerate change across the industry and to successfully create a widespread culture of compliance, we need the tendering process to not only catch up but pave the way.