Building Safety Act 2022: What You Need to Know

• The Building Safety Act was introduced in response to the Grenfell Tower tragedy to strengthen building safety regulations and accountability.
• The Act primarily applies to higher-risk buildings (buildings at least 18 metres or seven storeys high, with at least two residential units).
• Enforcement is overseen by the Building Safety Regulator.
• Accountable persons (typically building owners, landlords, or management companies) must ensure existing higher-risk buildings comply with the BSA.

The Building Safety Act 2022 is a landmark reform introduced in response to the Grenfell Tower tragedy. The fire, which claimed 72 lives in 2017, exposed repeated systemic failures in building safety regulations, oversight, and enforcement. In the aftermath, an independent review led by Dame Judith Hackitt found that the existing regime was simply not fit for purpose.

The government at the time largely accepted Dame Hackitt’s recommendations, which formed the basis of the Building Safety Bill in 2021. After parliamentary approval, the bill became law as the Building Safety Act 2022.

The BSA’s primary objective is to make residents of higher-risk buildings safer. It does this by:

• Clarifying roles and responsibilities in building safety
• Ensuring accountability for safety throughout a building’s lifecycle
• Raising building safety standards and increasing industry oversight
• Establishing a new enforcement body, the Building Safety Regulator (BSR)

The Act applies across England and Wales, though some provisions differ between nations. If you’re involved in the construction or management of a high-rise building, you’ll have duties under the BSA. The same is true if you own or live in a building under the BSA’s scope.

The Act introduces the concept of an accountable person (AP) – the individual or organisation legally responsible for managing safety risks in affected buildings. The AP could be a building owner, landlord, or management company.

The Building Safety Act applies to a wide range of buildings, but its focus is on higher-risk residential buildings (HRRBs).

The Act defines higher-risk buildings as those that meet both of the following criteria:

• At least 18 metres in height or at least seven storeys
• Contain at least two residential units

These buildings are considered higher risk because of their height. Managing structural and fire safety is much more challenging in a building over 18 metres tall, as is evacuating residents, as tragically proven by the Grenfell Tower fire.

While the strictest rules apply to higher-risk buildings, the Act also introduces new duties for other types of buildings, including:

• Hospitals and care homes (that meet the height threshold) – Qualifying hospitals and care homes must comply with specific safety regulations but are exempt from certain residential building rules.
• All buildings subject to Building Regulations – The Act strengthens accountability across the construction industry, affecting developers, landlords, and building control bodies.
• Leaseholder-owned buildings – Protections apply to prevent qualifying leaseholders from bearing the costs of historical safety defects.

Building owners and managers must assess whether their property falls under the Act’s scope and take necessary steps to ensure compliance.

The Building Safety Act became law on 28 April 2022 after receiving royal assent.

Like other legislation, there was a delay between assent and enforcement so stakeholders could implement the BSA’s requirements:

• October 2023 saw the most significant provisions come into force, including the BSR gaining full powers and new legal duties for those managing higher-risk buildings.
• April 2024 saw the end of the transitional period for construction projects started under the previous regime.

The BSA is now fully in force. All duty holders must comply, and all new construction projects must meet the BSA’s higher standards for competency, materials, and safety.

The Building Safety Regulator is responsible for enforcing the Building Safety Act. Established within the Health and Safety Executive (HSE), the BSR oversees building safety, competence requirements, and compliance.

• Regulating higher-risk buildings – Ensuring compliance with the Act for buildings that meet height and residential criteria.
• Overseeing building control bodies – Monitoring both local authority building control and private sector regulators.
• Setting and enforcing competency standards – Ensuring that those involved in design, construction, and management meet the necessary safety qualifications.
• Helping duty holders – Providing guidance and support for accountable persons.
• Taking enforcement action – Investigating non-compliance, issuing fines, and initiating criminal proceedings for severe breaches.

While the BSR is an enforcement body, it prioritises support over punishment. Its mission is to improve building safety, which is more easily done in collaboration with accountable persons.

Compliance requirements differ for existing buildings or those under construction.

Owners and managers of existing higher-risk buildings must:

• Appoint a principal accountable person (PAP) – The principal accountable person is responsible for overseeing compliance and ensuring that safety risks are properly managed. (If a building only has one accountable person, they’re automatically the PAP.)
• Register the building – The PAP must register their building with the BSR.
• Maintain a safety case report – Accountable persons must document fire and structural risks and provide evidence that effective controls are in place. Reports must be updated regularly.
• Maintain the golden thread – The ‘golden thread’ refers to the unbroken chain of safety information that is kept and updated throughout the building’s lifecycle. Information must be readily available for stakeholders when needed.
• Engage with residents – Residents must be given clear safety information, and a process must be in place for reporting safety concerns.

For new, higher-risk buildings, compliance with the Building Safety Act follows a structured approval process, with three critical ‘gateways’. Each gateway must be passed before the project can proceed, ensuring safety from design to occupation.

Before planning permission is granted, the Building Safety Regulator must be satisfied that fire safety and structural risks have been considered and managed in the proposed design.

Who is responsible?

• The client (developer, building owner, or commissioning organisation) is responsible for ensuring that safety is considered from the outset.
• The principal designer prepares and coordinates the submission, ensuring all design and safety elements meet the Act’s requirements.

Gateway 2 is a forced hold point. Construction cannot begin until the BSR formally approves the submitted building safety information.

Who is responsible?

• The client submits full design and safety details to the BSR.
• The principal designer ensures that all documentation aligns with regulatory requirements.

Once construction begins, work must adhere to approved safety standards.

Who is responsible?

• The client ensures that only competent duty holders are appointed.
• The principal contractor oversees site safety and ensures compliance with the approved design and materials.

Before the building can be occupied, the BSR must confirm it meets all safety requirements.

Who is responsible?

• The principal contractor ensures that all work has been completed to the required standard.
• The client submits final documentation for regulatory approval.

Higher-risk buildings must be registered with the BSR before occupation.

Who is responsible?

• The principal accountable person is responsible for registering the building. Without registration, it cannot legally be occupied.

Failure to comply with the Building Safety Act can result in severe penalties for individuals and organisations responsible for building safety.

• Fines and prosecution – The BSR has the power to issue unlimited fines and pursue criminal charges against those who fail to meet legal requirements.
• Enforcement notices – The BSR can order remedial action, halt unsafe projects, or prevent a building from being occupied until compliance is achieved.
• Personal liability – Accountable persons can face individual prosecution if negligence leads to serious safety failures.
• Blocked occupation – Higher-risk buildings that are not registered with the BSR cannot legally be occupied.

The BSA completely overhauls the building safety regime in England and Wales. Professionals in building design, construction, maintenance, or management must be able to demonstrate understanding of the Act’s scope and obligations.

Our online Building Safety Act Training course provides an overview of the Act, including new roles, key requirements, and regulatory frameworks for building design, construction, and maintenance. Learners receive an IIRSM-approved certificate to prove their knowledge of the Act and its implications.