The Building Safety Act 2022 represents the most significant reform of building safety regulation in a generation. For freeholders and building owners of higher-risk residential buildings, the Act introduces mandatory registration, ongoing safety management obligations, and the requirement to maintain a golden thread of building information. Non-compliance carries serious penalties including criminal prosecution.
All existing higher-risk buildings (residential buildings at least 18 metres or 7 storeys with two or more residential units) must be registered with the Building Safety Regulator (BSR), which sits within the Health and Safety Executive. Registration requires providing key building information including the address, height, number of storeys, number of residential units, and details of structural and fire safety features. The principal accountable person is responsible for registration and for keeping the information up to date.
The accountable person must prepare a safety case report for the building. This is a structured document that identifies the building safety risks (principally fire spread and structural failure), assesses the likelihood and consequences of those risks materialising, and sets out the measures in place to manage and mitigate them. The safety case report must be submitted to the BSR as part of the application for a building assessment certificate.
The golden thread requires the accountable person to create and maintain accurate, accessible, up-to-date digital records of all building safety information. This includes the original design and construction information, records of all subsequent building works, fire risk assessments, fire compartmentation surveys, maintenance records, and the safety case report itself. The information must be stored digitally, kept up to date, and made available to the BSR on request.
The Act requires accountable persons to establish and maintain a resident engagement strategy. This includes providing residents with information about fire safety measures, reporting mechanisms for safety concerns, and a complaints procedure. Residents have a right to request building safety information and the accountable person must respond within a specified timeframe.
Confirm whether your building meets the higher-risk definition and register it with the BSR. Provide accurate information about the building's height, storeys, units and safety features.
Determine who holds the legal estate in possession and therefore assumes the role of accountable person. In complex ownership structures, identify the principal accountable person.
Commission fire risk assessments, structural appraisals and fire compartmentation surveys to inform the safety case report. Identify risks and document mitigation measures.
Collate all existing building safety information into a digital format. Implement systems to ensure ongoing maintenance and building works are recorded and the information kept current.
Residential buildings at least 18 metres or 7 storeys high with at least two residential units. This includes purpose-built flats, converted houses with flats, and mixed-use buildings with residential above the threshold.
A requirement to maintain accurate, up-to-date digital records of all building safety information, including design, construction, maintenance and safety management records, accessible to the BSR on request.
The person or organisation holding the building's legal estate in possession, typically the freeholder. They have statutory duties to assess and manage building safety risks and prepare the safety case report.
The BSR can issue compliance notices, prohibition notices and pursue criminal prosecution. Offences can result in unlimited fines and, in the most serious cases, imprisonment.
Full compliance advisory for accountable persons and managing agents.
View ServiceSurveys to assess and document the compartmentation of higher-risk buildings.
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