I can across this very interesting article from a company called SafeStays this week (10.09.2024) which rang true as it is a question I am asked a lot in my role at DASH Service so I thought I’d share it with you here….

‘..Is it a legal requirement?’

Without a shadow of a doubt, the most asked question to any regulator when they’re giving advice is “is it a legal requirement?”, often with the expectation from the requestor of a simple yes/no answer. 

If only the world of risk assessments was that easy… 

So, I’ll try and explain…

The key to answering this question is understanding the differences between legislation (an “Act”), regulation and guidance.

Legislation

A Bill for a new law is proposed.  The House of Commons and the House of Lords approve the Bill, making it an Act, before the Monarch grants it his Royal Assent.  An example of an Act can be The Housing Act 2004 which brought in a new, risk based approach for inspecting dwellings.

Regulation

Regulations typically add to an Act, they are associated with existing actions and help someone apply an Act’s concept.  An example of a Regulation can be The Housing Health and Safety Rating System (England) Regulations 2005, which builds upon the risk based approach by identifying 29 hazard types to consider and be required to be assessed, or The Smoke and Carbon Monoxide Alarm (England ) Regulations 2015, which stated a requirement for a smoke detector to be located on each floor but failed to specify what standard, location or consider other risks such as means of escape or compartmentalisation. 

Guidance

Guidance aids in the identification of options and the reduction of choices, however, it’s not compulsory and you are free to take other action.  However, generally, if you do follow the guidance, you will normally be doing enough to comply with the law (see Legislation / Regulation).

Click here to read more at the Safestays website - Is It A Legal Requirement? – Safe Stays