The Building Safety Act 2022 and Scaffolding

Ever since the introduction of the Building Safety Act 2022, there has been ongoing industry discussion and a degree of uncertainty regarding whether temporary scaffolding and access works fall under the scope of the new legislation.

We are pleased to share that the National Access and Scaffolding Confederation (NASC) has officially released PAG2:26, a new Guidance Note clarifying the application of the Act to our sector. You can view a summary of this guidance in the file named image_14a0c3.png.

Here is a breakdown of what the new guidance means for scaffolding contractors and our clients.

The Background

The question of compliance was raised and discussed extensively by the NASC’s Health and Safety Committee in March 2026. To gain definitive clarity, the NASC reached out to the Building Safety Regulator (BSR).

On June 15th, 2026, the NASC received crucial clarification via a letter from the Building Safety Minister at the Ministry of Housing, Communities and Local Government (MHCLG), which was also supported by independent advice sought by Build UK.

Key Clarifications from the MHCLG

The official response from the MHCLG provides clear boundaries on how scaffolding is classified under the law. The Minister confirmed that temporary access scaffolding erected to provide access for inspection or construction work is generally outside the scope of the Building Safety Act building control regime.

Specifically, the MHCLG confirmed that:

• Definition of Building Work: The Building Safety Act 2022 did not change the definition of "building work," which was originally defined under the Building Act 1984 and expanded upon in the Building Regulations 2010.

• Classification of Scaffolding: Temporary access scaffolding is not normally considered "building work" under the Building Regulations 2010, nor is it normally considered a building in its own right.

• Approvals: Building Control Approval is not required before erecting temporary access scaffolding.

• Ongoing Regulation: Temporary access scaffolding remains strictly regulated through the established construction health and safety framework.

What This Means for Scaffolding Safety

While it is helpful to have confirmation that temporary access scaffolding does not fall under the new Building Safety Act control regime, this does not change the rigorous safety standards we adhere to.

As the guidance emphasizes, the applicable legal duties for scaffolding contractors remain those imposed by existing construction legislation. At KAS Scaffolding, we continue to ensure that all of our temporary works are executed to the highest possible standard. We remain fully committed to strict compliance with existing health and safety laws, ensuring competency, robust fire prevention, and flawless structural integrity on every single project.

By following NASC guidance—including specific protocols for working on Higher-Risk Buildings—we guarantee that our clients always receive safe, reliable, and fully compliant access solutions.