Government clarifies scope of Building Safety Act for temporary works

FASET has welcomed Government clarification confirming that temporary works, including scaffolding, do not fall within the scope of the Building Safety Act's Building Regulations dutyholder regime unless they form a permanent part of the completed building.

The clarification follows requests from industry for greater certainty over how the legislation applies to temporary works. In a letter to the Building Safety Regulator, the Government confirmed that if scaffolding or other temporary works did not require oversight from a building control body before the Building Safety Act came into force, they continue to remain outside the scope of those requirements today.

The announcement provides welcome clarity for clients, principal contractors and specialist contractors, helping to ensure that Building Safety Act requirements are applied consistently across construction projects.

However, FASET emphasises that the clarification should not be interpreted as reducing the importance of competence.

The safe installation, inspection and maintenance of temporary works remains fundamental to protecting everyone working at height and those below. Organisations commissioning work should continue to appoint competent specialist contractors with the appropriate training, experience and independently recognised standards.

As the trade association representing the safety netting industry, FASET continues to champion competence through accredited training, independent auditing and the promotion of best practice across the sector. While legislative requirements may differ depending on the nature of the work being undertaken, the need for competent people, effective planning and robust safety management remains unchanged.

The Government's clarification reinforces an important distinction between the scope of the Building Safety Act and the industry's wider responsibility to maintain the highest possible standards of safety and professionalism. Regardless of the regulatory framework, competence remains the cornerstone of safe work at height.

FASET encourages all organisations involved in work at height to familiarise themselves with the latest guidance and continue prioritising competence when selecting specialist contractors.