Understanding the Building Safety Act in Construction

• The Building Safety Act overhauls the building safety regime in the UK, with stricter requirements for safety, record-keeping and competency.
• Construction duty holders, including clients, designers and contractors, have additional responsibilities to ensure safety throughout a building’s lifecycle.
• Higher-risk buildings must pass gateways during the design and construction phases and before occupation.
• Safety records must be maintained and passed on during design and construction as part of the “golden thread”.

The Building Safety Act 2022 (BSA) is landmark legislation that has transformed how safety is managed in construction. It introduced a new framework designed to address the flaws exposed by the Grenfell Tower tragedy and overhaul building safety across the UK.

The Act applies to all stages of a building’s lifecycle, with a particular focus on higher-risk buildings. It makes safety a legal duty and establishes clear roles and responsibilities for those involved in building design, construction and management. For the construction industry, it represents a fundamental shift in how projects must be planned, built and maintained.

The Building Safety Act came into force in stages to give the construction industry time to adapt. Key provisions began in April 2023, with full enforcement starting in October 2023.

Higher-risk buildings (HRBs) are a specific focus of the Building Safety Act and its supporting legislation.

HRBs are defined as buildings that:

• Reach at least 18 metres / 7 storeys in height
• Contain two or more residential units

Taller buildings are considered higher risk because of their inherent vulnerability to fire and structural damage.

The Building Safety Act adopts the same duty holder roles defined under the Construction (Design and Management) Regulations 2015 (CDM). However, established CDM roles have extended duties under the BSA, including:

• Clients – Responsible for planning, managing and monitoring safety as required by the BSA throughout the project.
• Principal Designers – Oversee risk management during the design phase, with a focus on long-term safety.
• Principal Contractors – Manage safety on-site during construction and ensure detailed records are maintained.
• Designers – Ensure designs comply with safety standards and records are kept and passed on to the relevant parties.
• Contractors – Ensure construction complies with safety standards and records are kept and passed on to the relevant parties.

Accountable persons (APs) are a new role introduced by the Act. APs are responsible for managing and maintaining the safety of completed higher-risk buildings. While not directly involved in construction, they need to be provided with accurate and thorough safety information during and after the building process.

The Building Safety Act outlines clear compliance requirements for construction companies. Meeting these ensures safety is prioritised and legal obligations are met. Key areas include:

Everyone involved in construction must have the skills, knowledge and experience needed to meet the Act’s requirements. Clients must ensure principal designers and contractors are competent to manage safety risks. In turn, principals must ensure the people working under them are also competent.

Higher-risk buildings must pass through three critical ‘gateways’ before occupation:

1. Gateway One – Planning stage approval to ensure safety has been considered.
2. Gateway Two – Pre-construction approval from the Building Safety Regulator to proceed.
3. Gateway Three – Final approval after construction to confirm the building is safe.

Clients are ultimately responsible for ensuring all necessary documentation and approvals are in place at each gateway. However, they can only do this if the principal designer and contractor provide them with the required information.

You should recognise that information sharing is a focus of the Building Safety Act in construction. Duty holders need to cooperate and ensure detailed records are kept in the “golden thread”.

The “golden thread” is a digital record of safety information for higher-risk buildings. It starts during the design phase and grows with the building through construction and eventual occupation.

Responsibility for the golden thread changes as a building progresses through its lifecycle. It begins with the principal designer, who passes it over to the principal contractor as construction begins. After the building is completed, the golden thread is handed to the accountable person, who maintains it for the remainder of the building’s lifespan.

Although responsibility for the golden thread changes hands as a building takes shape, everyone involved in the construction has a duty to maintain and share detailed safety records.  This information ensures the building’s safety can be managed effectively throughout its lifecycle.

Meeting the requirements of the Building Safety Act in construction involves understanding the relevant roles and responsibilities and how they cross over. Training provides you with an essential awareness of the Act’s compliance requirements.

Our online Building Safety Act Awareness Training introduces the BSA and its principles. It’s designed to help duty holders navigate the new laws and ensure compliance, with guidance on reporting, gateways and maintaining the golden thread.