“Prominent professional organizations and companies reach a mutual understanding on the definition of “statutory” for workplace and facilities management.”

Industry organizations agree on common definition of “statutory” in workplace and facilities management

The Building Services Research and Information Association (BSRIA), SFG20 (part of Building Engineering Services Association (BESA), Chartered Institution of Building Services Engineers (CIBSE), and Institute of Workplace and Facilities Management (IWFM) have come to an important agreement regarding the definition of the term “statutory” in the context of workplace and facilities management.

This common definition, agreed upon by these four organizations, will now be used in all guidance and documentation issued by them in the future. The agreement was facilitated by IWFM’s Procurement and Contract Management Special Interest Group (SIG), which aims to improve FM standards in contracts.

According to the SIG, the lack of a standardized methodology for compiling specifications for statutory inspections has led to a wide variability in compliance with statutory requirements. This can result in properties being non-compliant from a statutory inspection perspective. With this common definition in place, the organizations hope to standardize and benchmark what is required in terms of compliance and implementation.

Chris Reeves, Chair of the Procurement and Contract Management SIG at IWFM, stated, “This agreed definition, accompanied with the associated guidance, will help to standardise the understanding and application of a commonly used term within the workplace and facilities management industry.” He also noted the collaborative effort between the organizations and their different perspectives and expertise in creating this definition.

Paul Bullard, Product Director at SFG20, called the agreement a “momentous step forward” as it provides clarity and guidance to the industry. Eileen Bell, Head of Knowledge at CIBSE, also praised the collaboration among the organizations in driving up standards and ensuring consistency in guidance for the benefit of all stakeholders.

BSRIA’s Technical Director Tom Garrigan added, “Reaching a universally agreed definition of ‘statutory’ provides the sector with much-needed clarity, ensuring a consistent approach is adopted around its treatment by the professional bodies when future guidance is published.” He emphasized the importance of having a clear benchmark for compliance and reducing ambiguity in this area.

The full statement agreed upon by the organizations reads as follows:

“The term “statutory” denotes anything required by primary legislation such as Acts of Parliament and secondary legislation such as Statutory Instruments (including Regulations).

When working to achieve statutory compliance, primary and secondary legislation often focuses on general outcomes rather than prescribing specific activities. The specific activities required to meet statutory compliance may, therefore, be included in government guidance and Approved Codes of Practice (ACoPs) published by agencies such as the Health and Safety Executive (HSE), or other industry standards and/or guidance (BSI standards, publications by trade associations and professional bodies, etc).

In the absence of a traceable reference to legislation, following industry standards and/or guidance may assist in discharging duties under the statutory requirements.

For example: in relation to electrical installations, The Health and Safety at Work etc. Act 1974 led to the Electricity at Work Regulations 1989. This, in turn, is supported by the HSE issued guidance note HSR25 which also references British Standard 7671, which is supported by an on-site guide.

– Primary Legislation – e.g. Health and Safety at Work etc. Act 1974.

– Secondary Legislation – e.g. Electricity at Work Regulations 1989.

– Approved Code of Practice – e.g. HSE Guidance HSR25 The Electricity at Work Regulations 1989.

– Industry Standard – e.g. BS 7671:2018 Requirements for Electrical Installations, IET Wiring Regulations 18th Edition.

– Industry guidance – On-site guide to BS 7671.

There may be more than one way of discharging duties. To achieve statutory compliance, remedial actions may need to be identified and completed. Applying a documented process will greatly assist in evidencing these decisions.”