Building Safety Act 2022: A Summary
As the 1st of April approaches, so does the deadline for implementing the permanent provisions, rules and standards set out in the Building Safety Act 2022. With only a few months to go, here’s what this means for you…
January 4, 2024
The Building Safety Act of 2022 was introduced following safety concerns for the occupants of high-rise buildings after the 2017 Grenfell Tower tragedy. It was intended to improve the design, construction and management of higher-risk buildings by increasing the responsibilities of building owners and strengthening fire safety regulations.
This legislation is one of several pieces of legislation implemented by the government to increase building safety, including The Fire Safety (England) Regulations 2022 – which you can learn more about here.
We are fast approaching the end of the twelve-month transitionary period, whereby those affected can adjust and comply with the new laws that were implemented on the 1st of April, 2023. This means that from the 1st of April, 2024, all aspects of the new act must be fully implemented and adhered to.
“These are the biggest changes to building safety legislation for nearly 40 years, and they will raise standards across the industry and ensure building owners have nowhere to hide if they break the rules.”
Lord Greenhalgh, Building Safety and Fire Minister
Let’s take a look a closer look at what these changes mean for you…
What are the origins of The Building Safety Act 2022?
When we consider that The Grenfell Tower tragedy killed 72 residents, with another 70 injured – it is clear that drastic changes in the way we approach building safety were needed. Many of the changes outlined within the act were recommended by Dame Judith Hackitt following her 2018 review of fire safety and building regulations.
The act aims to ensure that such a tragedy never happens again. It sets higher safety standards, especially for buildings that are considered high-risk, such as tall residential structures. Ultimately, it is crucial to understand that this act will help people feel safer in their homes.
Who does The Building Safety Act 2022 apply to?
The new legislation places specific duties on various individuals, including:
- Building owners
- Building managers
- Clients
- Commissioners of building work
- Contractors
- Designers
What is considered a high-risk building?
Section 65 of the Building Safety Act 2022 defines a ‘higher-risk building’ to be…
- At least 18 metres in height (or at least 7 storeys high) and –
- Contains at least 2 residential units
However, there are some exceptions to these two rules. Detailed criteria from the government clarifying these exceptions can be found here.
What are the implications of the Building Safety Act?
Critically, The Building Safety Act 2022 introduces critical changes that will enhance fire and building safety within high-rise residential structures. This groundbreaking legislation will give more rights, powers and protections to residents and homeowners – making homes across the country safer.
Some of the main consequences of the new act are:
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New responsibilities for duty holders of buildings
There are now new responsibilities for those in charge of buildings. These duty holders are required to meticulously plan, manage, and monitor their adherence to the building regulations. This proactive approach is designed to ensure ongoing compliance and safety in building management.
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Three new bodies have been created
To provide effective oversight of the new regime, the act also creates three new bodies. These are the Building Safety Regulator (BSR), the National Regulator of Construction Projects and the New Homes Ombudsman.
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New implications for ALL buildings (regardless of their risk status)
The act will also make the BSR responsible for the performance of the building control sector to ensure that standards are met. The BSR will also have the power to regulate construction products in the UK.
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Transparency of information
It also mandates a ‘Golden Thread of Information’ for each higher-risk building, ensuring transparency and accessibility of safety information. This will mean it is required to keep vital, up-to-date information about how a building has been designed, built and managed. This will need to be stored digitally for the entire lifespan of the building.
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Greater financial protection for leaseholders
A further significant aspect of the act is the introduction of protections for leaseholders, shielding them from the financial burdens of correcting historical building safety flaws. A Building Safety Charge will be introduced, which means leaseholders will be able to see and know what they are being charged for, too.
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Mandatory Occurrence Reporting System
A Mandatory Occurrence Reporting System is also now required for each higher-risk building. This ensures that the BSR can capture any risks that may cause a potential fire or structural safety issue. The BSR can then assess the relevance of these risks to other similar buildings.
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New sanctions for breaking the rules
Finally, the act also introduces strict sanctions for non-compliance, including criminal charges and imprisonment for up to two years. This reinforces the importance of adhering to safety standards and serves as a deterrent against negligence in building safety management.
What is The Building Safety Regulator (BSR)?
The BSR becomes the building control authority for all high-rise buildings in the UK. Under the new act, it can now issue building assessment certificates, as well as the introduction of a ‘gateway system’. Under this, the body will assess whether risks, roles and responsibilities are understood at different stages of construction.
Finally, are you prepared for these changes?
If you, like many duty holders, are overwhelmed by the new regulations and would like some advice on what to prepare before the 1st of April – please don’t hesitate to get in touch with the team here at pm Connections. Call us on 01925 649 818 or drop us a message here.
