The Building Safety Act 2022 came into force in October 2023, representing a landmark shift in the UK’s approach to building safety regulation. Enacted in response to the Grenfell Tower Fire of 2017, the Act delivers the biggest legislative changes to building safety in a generation, with a raft of secondary legislation and guidance overhauling safety compliance within the construction industry.
Roles and Responsibilities
The Building Safety Act designates specific roles and responsibilities for those involved in a building’s lifecycle, including designers, contractors and building managers, creating a clear line of responsibility for safety. The Act has created several new roles:
1. The Building Safety Regulator (BSR): The Health and Safety Executive (HSE) is tasked with the role of the BSR to oversee building safety standards of all buildings, improve competency in the building sector and lead the implementation of the new regulatory framework for high-rise buildings.
2. Accountable Persons (AP): The Act identifies that the duty holder for occupied buildings is the Accountable Person (AP) or the Principal Accountable Person (PAP) where there is more than one Accountable Person. The purpose of the AP is to create a clear line of responsibility for the safety of a building.
3. The New Homes Quality Board (NHQB): The NHQB is an independent body created to increase quality in the built environment by establishing a quality assurance framework to ensure there is a high standard of new homes and services and that there is redress for purchasers where the quality of new builds is not achieved. Amongst its duties, the NHQB will:
- Provide support and information to consumers and industry.
- Hold the register of developers of new build homes.
- Collect an annual developer’s registration fee.
- Discipline and sanction poorly performing developers.
- Report and publish details on industry performance.
4. The Statutory Residents’ Panel has been set up by the HSE and is made up of existing HRB residents from different locations and housing types, including social housing, private rent and leasehold owners. The role of the Panel is to:
- Give the BSR operational advice based on real-life experience.
- Provide input on guidance relating to residents.
- Assist BSR with developing its annual statement on resident engagement.
- Be empowered to set up workgroups to undertake in-depth projects.
- Help to test BSR communications material.
5. Safety Case for High-Risk Buildings (HRB)
HRBs are defined by the Act as buildings that are at least 18 metres in height or have at least 7 storeys and, where occupied, contain at least 2 residential units or are hospitals or care homes (during design and construction). Owners and operators of high-risk residential buildings must:
- Register with the BSR
- Prepare a Safety Case Report outlining identified safety risks
- Assessment measures
- Strategies for mitigating these risks
- Obtain a Building Assessment Certificate to verify that safety standards have been met.
6. The ‘Golden Thread’ of information
The Act mandates the creation and maintenance of a building’s safety-related information, including the design, construction and maintenance data. The dutyholder, or once the building is occupied, the AP, is responsible for maintaining the golden thread of information, ensuring it is:
- Recorded digitally so information can be consistently updated and accessible
- Stored securely.
- A building’s single source of truth.
- Available to people who need the information to do a job.
- Available when the person needs the information.
- Presented in a way that the person can use.
7. Enhanced Resident Engagement
The AP (or PAP) is legally required to inform residents about safety procedures and encourage their participation in safety initiatives. Transparency and open communication are fundamental aspects of the engagement process in which residents should be:
- Involved in building safety decisions
- Informed about these decisions
- Informed when works are planned
- Informed about how disruption will be minimised
For further guidance on the requirements of the Building Safety Act, please contact our expert advisory team.
Disclaimer: This blog is for general information purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. Please contact us for specific advice on your circumstances.