NASC says scaffold contractors should not be asked to meet Building Safety Act dutyholder requirements for temporary works that will be removed when a project is complete.
Scaffold contractors should no longer face Building Safety Act paperwork intended for permanent building work when their scaffold is temporary, NASC has said.
The trade body says the Government has confirmed that scaffolding and other temporary works are not classed as “building work” unless they are intended to stay in place as part of the finished building.
The clarification follows confusion on some projects, where scaffold firms had been asked to meet extra Building Regulations requirements or complete compliance paperwork linked to the Building Safety Act.
The Act received Royal Assent in April 2022. New building-control and dutyholder rules began in England on 1 October 2023, including rules for higher-risk buildings.
Those rules apply to permanent building work. But some clients and procurement teams had treated temporary scaffolding as though it fell within the same regime.
NASC raised the issue with the Building Safety Regulator after discussions within its Health and Safety Committee.
In a letter dated 15 June to Lord Roe, chair of the Building Safety Regulator, Building Safety Minister Samantha Dixon MP said the definition of building work had not changed under the Building Safety Act.
She wrote: “The definition of building work was not changed by the Building Safety Act and so if scaffolding and other temporary works did not require oversight from a building control body prior to October 2023, then they do not require the oversight of a building control body after October 2023.
“This is true in both higher-risk buildings and non-higher-risk buildings.”
The Minister also confirmed that the Building Regulations apply where scaffolding or temporary works are intended to remain permanently attached to a building and become part of the completed structure.
Clive Dickin, NASC Group CEO, said: “This clarification from the Government provides the certainty that our members and the wider construction industry have been seeking since the new regime came into force in October 2023.
“There has been considerable confusion around whether scaffolding and temporary works fell within the remit of the Building Safety Act, leading in some cases to inconsistent procurement requirements and unnecessary compliance requests.
“We welcome the Minister’s confirmation that scaffolding and temporary works are not classed as ‘building work’ unless they form part of the permanent structure.”
NASC said legal advice commissioned by Build UK from Wedlake Bell LLP supports the Government’s position.
According to the trade body, the advice concludes that scaffold and temporary works contractors do not fall under the statutory Building Regulations dutyholder roles where their work is temporary.
Build UK has also said the clarification will affect the Common Assessment Standard, which is widely used in construction prequalification.
NASC said scaffold and temporary works contractors should no longer be asked to complete the Building Safety section where it relates to the Building Regulations dutyholder regime. Competence questions will remain part of the assessment, with revised arrangements due to be published once agreed.
The clarification does not change the day-to-day legal duties placed on scaffold contractors. Firms must still ensure scaffolds are properly designed, erected, inspected and managed by competent people, with existing work at height and temporary works controls remaining in place.
NASC said it will publish further guidance for members, alongside a letter contractors can share with clients and procurement teams.
