The UK Government has provided important clarification on how the Building Safety Act applies to temporary scaffolding and other temporary works.
According to a report published by Scaffold Magazine on 2 July 2026, the National Access & Scaffolding Confederation (NASC) confirmed that temporary scaffolding is not covered by the new Building Regulations dutyholder rules, unless it is intended to remain as part of the completed building.
The clarification follows confusion on some projects where scaffold contractors were being asked to meet Building Safety Act paperwork designed for permanent building work. NASC raised the issue with the Building Safety Regulator. In a letter dated 15 June, Building Safety Minister Samantha Dixon MP stated that the definition of “building work” was not changed by the Building Safety Act. Therefore, if scaffolding and other temporary works did not require building control oversight before October 2023, they still do not require it afterwards, for both higher-risk and non-higher-risk buildings.
The Minister also confirmed that the Building Regulations do apply where scaffolding or temporary works are designed to stay permanently attached and become part of the finished structure.
Clive Dickin, NASC Group CEO, welcomed the statement, saying it gives the industry the certainty it has been seeking since the new regime came into force. NASC noted that legal advice obtained by Build UK supports this position, and that scaffold and temporary works contractors should no longer be asked to complete the Building Safety section of the Common Assessment Standard where it relates to the dutyholder regime (competence questions will remain).
Importantly, the clarification does not reduce existing legal duties. Scaffold contractors must still ensure their work is properly designed, erected, inspected and managed by competent people, and all current work-at-height and temporary works controls under CDM 2015 and BS 5975 continue to apply.NASC has said it will issue further guidance for members, including a letter that contractors can share with clients and procurement teams.
Source: Scaffold Magazine / NASC – “Government clarifies Building Safety Act position on temporary scaffolds” (2 July 2026)