What Is A Statutory Building Maintenance Task?

For any organisation, staying compliant with the latest building laws and regulations is serious business, and so it should never have to be a guessing game.  

Since its introduction in 1990, SFG20 has been the industry standard for building maintenance and is committed to making buildings safer and better for all. Our software solution Facilities-iQ is kept up to date with all legal requirements pertaining to building maintenance, helping you to stay vigilant of statutory tasks and any changes to the law.  

But how do building owners and managers differentiate between what tasks are a legal requirement and which aren’t, and what does statutory mean exactly?

This article will clarify SFG20’s new jointly agreed industry definition of a statutory building maintenance task, explain Facilities-iQ's task criticality system, how we determine each task criticality, and who is responsible for what within building maintenance.  

What Are The SFG20 Task Criticality Definitions? 

SFG20 use colour-coding within each Facilities-iQ maintenance schedule to identify the criticality of maintenance tasks; Red tasks are Statutory/Legal, Amber tasks are Optimal while Green tasks are Discretionary.  

You can also create Pink tasks which are deemed as necessary for your organisation and/or sector.  

Below, you’ll find more detailed definitions of what these four criticality colour codes mean.  

What Is A Red (Statutory/Legal) Task? 

Red tasks signify activities that may assist in achieving legal compliance. 

In collaboration with the Building Services Research and Information Association (BSRIA), the Chartered Institution of Building Services Engineers (CIBSE) and the Institute of Workplace and Facilities Management (IWFM), SFG20 have agreed on the following industry definition of Statutory in the context of workplace and facilities management (WFM) as: 

The term Statutory denotes anything required by primary legislation such as Acts of Parliament and secondary legislation such as Statutory Instruments (including Regulations), Statutory Rules and Orders. 

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

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. 

Example: Statutory Status Of An Electrical Task 

• Primary Legislation

  For e.g. Health and Safety at Work etc. Act 1974. 

• Secondary Legislation

  Used to “fill in the details” of Primary Legislation, for e.g. Electricity at Work Regulations 1989.  

• Approved Code of Practice

  This usually provides guidance to help with legal compliance, for e.g. HSR25 Guidance on the Electricity at Work Regulations 1989. 

• Industry Standard

  For e.g. BS 7671:2018 Requirements for Electrical Installations, IET Wiring Regulations 18th Edition. The BSI (British Standards Institution) provide information and guidance to minimise risk and ensure safety. Here, the supporting standard would be BS 7671 Requirements for Electrical Installations. IET Wiring Regulations.  

•  Industry Guidance

  On-site guide to BS 7671. 
  
  

The introduction of a common methodology for defining statutory maintenance is an important step forward in benchmarking what requirements should be met by those responsible.

This new jointly agreed industry definition for Statutory provides a mechanism for SFG20 to determine whether a task is a legal requirement according to primary and secondary legislation. Our technical team identify any traceable links from building maintenance procedures at site level to relevant legislation and then categorise the task as Red/Statutory. 

The new definition makes it clear that legislation focuses on general outcomes rather than specific activities. Clarity and further detail are typically provided in government guidance, ACOPs, standards and industry guidance. 

Red Task Example In Facilities-iQ 

Schedule: 46-01 Refrigerant Distribution System 

Tasks such as leak checking and completing the F-Gas logbooks through examination for systems over 25kW are legal obligations under the F-Gas Regulation No. 517/2014. This also falls under the Workplace (Health, Safety and Welfare) Regulations 1992 as they are tasks which safeguard those using the property and carrying out maintenance. 

What Is A Pink (Mandatory) Task? 

Pink tasks are deemed business critical, contractual or operational to ensure sector/organisation compliance and can be applied by tailoring a schedule.  

They are maintenance activities that are critical to the operation of a business or a contractual and/or operational requirement, but are not a statutory obligation as determined by primary or secondary legislation.  

These requirements are typically not classed as mandatory in all sectors or organisations. 

Pink Task Example in Facilities-iQ

Schedule: 92-01 Fridges, Freezers and Blast Chillers 

Many operational checks such as checking door seals, door mechanisms, thermostats and drains etc. are all deemed as Amber tasks.  

However, for companies that sell frozen foods, their entire business depends on the proper maintenance and functioning of freezers and fridges and so they would change all of these Amber tasks Pink. 

What Is An Amber (Optimal) Task? 

Amber tasks signify function critical and/or industry best practice tasks.  

This is a maintenance activity that may, if not carried out, cause more serious repercussions in the long term. An Amber task may prevent premature failure of an asset and ensure that the asset runs effectively, minimising disruption and cost to business. 

Amber tasks are maintenance activities that cannot be directly linked to primary and secondary legislation but should be carried out to maintain business continuity. Typically, these tasks do not have an impact on the health, safety or welfare of the people using the space.

Amber Task Example in Facilities-iQ 

Schedule: 86-17 Metal Inert Gas (MIG) Welder 

Verifying the power source and wire feeder of a MIG welder is a requirement in the BS EN IEC 60974-14:2018 Arc welding equipment - Calibration, validation and consistency testing.  

These verification tests are typically required if the welder is used for high-specification work, meaning not every business will require these tests for their welder, and as there is no legal obligation for them, the tasks have been set to Amber. 

For industries where this type of high-specification welding is crucial, they would set these as Pink tasks. 

What Is A Green (Discretionary) Task?

Green tasks are deemed as non-critical maintenance. 

This is an optional maintenance activity for assets or systems which have a limited impact on the operation/business if they were to fail.  

Discretionary maintenance can be applied to assets that are designed to be replaced rather than repaired. 

Non-critical maintenance may include checks or inspections required to report on the status of an asset and may also include maintenance to improve area aesthetics such as window cleaning. 

Green Task Example In Facilities-iQ

Schedule: 87-14 Meter Reading - Electric, Schedule: 87-15 Meter Reading - Gas, Schedule: 87-17 Meter Reading - Water 

Meter readings for gas, water and electricity are marked as Green tasks as they are not required by law or cause a system to fail if not completed. However, reading utility meters enables accurate billing and the analysis of energy profiles which may assist with reducing energy usage and costs. These discretionary tasks may also form part of a business-specific procedure or audit.   

How Do SFG20 Decide The Task Criticality? 

Our highly experienced technical authoring team at SFG20 determine the frequencies (how often a task should be carried out) and criticalities of maintenance tasks by reviewing and interpreting the primary and secondary legislation, government guidance, building regulations, standards and codes of practice.

Here’s how it works: 

Step 1: Primary Legislation  

This focuses on general outcomes such as building owners making sure a building is safe.  

Step 2: Secondary Legislation

These regulations give you an outline of tasks such as ensuring an asset is regularly inspected. 

Step 3: Approved Codes Of Practice 

Written by industry experts, these practices provide procedures you can implement on-site. 

Step 4: Maintenance Schedules

While primary and secondary legislation will tell you who and what they are responsible for, it doesn’t tell you what specific actions need to be taken. 

Our maintenance schedules do this for you by interpreting the ACOPs and standards and outlining which tasks need to be completed alongside the frequency, required skillset, resource planning and the criticality linked to legislation.

The best part? All of this can be tailored to suit your organisation and/or sector. 

What’s The Difference Between A Statutory Task And A Non-Statutory Task? 

Non-statutory building maintenance tasks differ from statutory building maintenance tasks in that they don’t have any traceable references to primary or secondary legislation. 

However, this doesn’t always mean that they are any less vital to an organisation’s operation, as non-statutory building maintenance tasks are often used to prevent premature failure of an asset, minimising disruption and costs to businesses.  

Compliance Responsibilities: Who is Responsible For What? 

Over the past few years, there have been several significant changes in legislation and regulations within the FM space such as the Fire Safety Act 2021, The Building Safety Act 2022 and the Fire Safety (England) Regulations 2022 to name a few. 

These changes in the industry have forced a shift in priorities and duties for those working in facility management.  

The responsibility for the compliant maintenance of a building typically falls to several key roles which have the following obligations: 

You Can’t Compromise On Compliance   

SFG20’s software solution Facilities-iQ supports facility management professionals in ensuring the successful completion of all statutory building maintenance tasks while providing up-to-date legislative information. By using Facilities-iQ, we can help you and your team stay competent rather than complacent with compliance. 

Being aware of and fully understanding your compliance responsibilities will not only help to safeguard your building and the welfare of others but also uphold accountability and allow you to mitigate any personal, costly and/or reputational risks.  

Click the button below to learn more about what can happen when organisations neglect their compliance responsibilities.