Last updated: 18th October 2024
The new Building Safety Act 2022 (BSA 2022) aims to reform building safety legislation, necessary well before the Grenfell Tower disaster in 2017.
The proposals, a direct result of the tragedy which killed 72 people, were recommended by Dame Judith Hackitt in her 2018 review of fire safety and building regulations.
Having been introduced to parliament in July 2021, the Building Safety Act 2022 came into force on 1st April 2023 and introduces new duties for the management of fire and building safety in high-rise residential buildings. As of 1st October 2023, the new regime of the BSA 2022 came into law, bringing about changes to the requirements for higher-risk buildings and introducing the Building Safety Regulator as the building control authority for higher-risk buildings.
It is one of several pieces of legislation and guidance being implemented by the Government to enhance building safety, including the Fire Safety Act 2021 - which you can read more about here. Importantly, the BSA 2022 will help people be and feel safer in their homes and will change the way buildings are designed, constructed, and managed.
The requirements set out in the Building Safety Act 2022 will affect building owners/managers and the built environment industry. This includes those who commission building work and who participate in the design and construction process, including clients, designers, and contractors.
Discover more about the new building safety legislation in our recent webinar 'Building Safety: Safety Cases and New Legislation' which is available to watch on-demand now. Our experts discussed how you can stay compliant with new legislation with key lessons learnt from working with organisations on their building safety cases and building safety approaches.
From 1st October 2023, a number of building safety updates came into force, including the Building Safety Regulator (BSR) becoming the building control authority for higher-risk buildings, requirements to have a 'golden thread' of information, and the introduction of Section 156 of the Building Safety Act. In addition to this, all in-occupation higher-risk buildings had to be registered with the new BSR by this date.
In December 2023, the BSR released their enforcement policy statement in which they set out their enforcement methods for breaches of law.
In January 2024, the government published information on mandatory occurrence reporting and the process for notifying the BSR of any safety occurrences within your buildings. To find out more about how to create a mandatory occurrence reporting system, visit our dedicated blog here.
From 1st April 2024, The BSR's new building safety regime has now commenced, allowing them to issue Building Assessment Certificates (BAC). The process began with higher-risk buildings being called up first to submit their safety case report, mandatory occurrence reporting information, and resident engagement strategy. Organisations then have 28 days from being called up to submit this information, failure to do so could be a breach of Section 79 (3) of the BSA 2022.
To discover expert insight directly from the Building Safety Regulator on Part 4 of the Building Safety Act 2022, including feedback on building assessment certificate applications, catch up on our FREE webinar, 'Building Safety Act 2022: Insights from Building Safety Regulator', available to watch on demand now.
Described as “the biggest change to building safety regulation in a generation”, the Building Safety Act has implemented two key roles – Building Safety Regulator and Accountable Person.
The BSR is responsible for overseeing the safety and performance systems of all buildings. They have been given powers to enforce the rules and act against those that break them. And for high-risk properties, they will be able to implement more stringent rules, including how they are designed, constructed, and occupied.
The 3 main functions of the Building Safety Regulator:
“The BSR will have two objectives—to secure the safety of people in and around buildings and improve building standards; and to regulate in line with best practice principles.”
The Accountable Person (building owner, freeholder, or management company) will have an ongoing duty to assess building safety risks and provide a ‘Building Safety Case Report’ which demonstrates how building safety risks are being identified, mitigated, and managed on an ongoing basis. They will also have to demonstrate how they are ensuring residents’ safety. In buildings where ownership structures are complex, there may be more than one Accountable Person, in which case there will be a Principal Accountable Person.
| All Accountable Persons: | Principal Accountable Persons - AP duties plus: |
| Assess building safety risks | Register the building |
| Manage building safety risks | Provide Key Building Information |
|
Keep information about the building - the golden thread |
Apply for a Building Assessment Certificate (BAC) when invited to by BSR |
| Provide information | Display the most recent BAC in a prominent position |
| Prepare safety case report | |
| Notify BSR if the report is revised | |
| Establish a mandatory occurrence reporting system | |
| Prepare residents' engagement strategy | |
| Establish a complaints system |
Amendments to the BSA 2022 have removed the clause which would have required the Accountable Person to appoint a Building Safety manager to support in the planning, managing, and monitoring of the various tasks necessary to ensure that Accountable Persons’ duties are complied with. Whilst the prescribed role has been removed, the Accountable Person’s responsibilities for complying with the overall requirements of the BSA 2022 are unchanged, and they will have to put in place appropriate arrangements to ensure they meet these. The Accountable Person will therefore have the flexibility to determine what staffing structures, skills, and competencies are appropriate for their risks and ensure people are trained to carry out the function.
“Accountable Persons are landlords, freeholders who are in charge of repairing the building.”
Want to understand how well you have adapted to your new
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On 4th April, the BSR published new guidance on applying for a building assessment certificate and detailed information on what the Principal Accountable Person (PAP) must submit within the application.
Your next steps:
As part of the implementation of the BSA 2022, was the introduction of a “gateway” system, under which the BSR will assess whether risks, roles, and responsibilities are understood at different stages of building construction. There are a number of certain criteria you must fulfil before you can pass each gateway. Once you have passed gateway three, the new building can be registered with the BSR for occupation.
Gateway 1 - design stage (commenced as of August 2021)
The BSR is a statutory consultee for planning applications which involve relevant buildings in England. The BSR reviews planning applications before planning permission is granted to check that building designs address fire safety.
Gateway 2 - pre-construction stage (commenced as of October 2023)
Building work cannot begin until the BSR approves the building control approval application. The BSR assesses whether the proposed design meets the requirements of the building regulations.
Gateway 3 (commenced as of October 2023)
The building cannot be occupied until the BSR makes an assessment of the totality of the build to ensure it complies with regulations and issues a completion certificate. This is slightly more bespoke to the end user, meaning there are a number of legal requirements that must be adhered to.
"As we pass this huge milestone this month my greatest wish is for us all to commit to work together to make the new building safety regime work for everyone – but most of all – for all residents everywhere." - Dame Judith Hackitt on the new building safety regime.
Dame Judith Hackitt delved into the April 2024 changes to building safety in her latest blog, sharing her views on the building safety journey and calling for collaboration going into the new regime. Reflecting on these changes, she emphasises their significance, labelling them as one of the most important work programmes she has ever undertaken. She also makes it clear that whilst this is a crucial milestone, "this is not the end of the journey". She highlights her biggest concern as the number of people who persist in finding reasons not to act, demonstrating the need for proactive engagement moving forward.
To discover more about the April updates, catch up on our latest webinar, 'Building Safety Act 2022: Latest legislative updates', to hear our building safety experts discuss the headline requirements of the Building Safety Act 2022 and best practices developed by organisations adapting to the changes over the past year. Discover the answers to the most common building safety questions to stay compliant with the new regime that commended in April.
The new requirements of the Building Safety Act do not just apply to taller buildings. Parts of the BSA 2022 have implications for ALL buildings as it has made the Building Safety Regulator responsible for the performance of the building control sector to ensure standards are met, and for setting building standards. The Building Safety Act 2022 will establish a New Homes Ombudsman scheme for new build properties, to hold developers to account. The BSR will also be given powers to regulate construction products for the UK.
Those who are designing and constructing higher risk buildings now have formal responsibility for complying with building regulations, reducing risks, and ensuring that those who create Building Safety risks are responsible for managing them.
The Building Safety Act has enforced the requirements for keeping vital, up-to-date safety information about how a building has been designed, built, and managed. This ‘Golden Thread of Information’ will be stored digitally for the entire life of the building. It enables you to understand a building and the steps needed to keep both the building and people safe, now and in the future.
The BSA 2022 has placed specific duties on organisations which own and manage high rise residential buildings to take a range of specific and prescribed actions to identify risks, put the required measures in place to keep the building and its’ residents safe, and to evidence how they are doing this. The BSR will assess compliance with the duties, and if it is satisfied they are being met will issue a Building Assessment Certificate to permit the building to be occupied.
In addition, a building safety charge will be introduced, so leaseholders can see and know what they are being charged for building safety, and there will be powers to limit the costs that can be charged. New sanctions of up to two years in prison and unlimited fines will be in place for anyone breaking legal duties.
The draft bill was announced in July of 2020, and its First Reading took place a year later in 2021. The BSA 2022 received Royal Assent and completed all the parliamentary stages in becoming an Act of Parliament in April 2022. All buildings in scope of the BSA 2022 needed to be registered with the Building Safety Regulator before October 2023. The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 define the key building information which was to be submitted by 30 September 2023. For new buildings completed after 1st October 2023, a relevant completion certificate or final notice is needed. The buildings must be registered before any residents can occupy them.
Once registered, the Accountable Person(s) must apply for a Building Assessment Certificate, a process which began on 1st April 2024, which includes information about the reasonable steps taken to prevent building safety risks. This information will include a Building Safety Case Report. Get ahead of the game and start storing information via a golden thread sooner rather than later, as this information will be needed for both current and future builds. To discover how to create a comprehensive safety case report, head over to our dedicated blog, 'Building Safety Case Report: What you should include'.
Our free, on-demand webinar 'Building Safety: Are you ready for 1st April?' provides a useful refresher session that will take you through the key things you need to be thinking about now to have assurance that you're compliant with the new regime. Hear from an organisation who have spent time preparing, and learn how they have approached their duties, what they have learnt, and what their key challenges and significant issues have been. Watch below now!
At Pennington Choices, we understand the difficulties the sector faces in meeting its Building Safety obligations. The introduction of the new legislation aims to create a universal shift in responsibility and culture within the building industry. And whilst new sanctions of up to two years in prison and unlimited fines will be in place for anyone breaking regulatory requirements, results from a recent exclusive survey in partnership with Inside Housing highlighted just how much work the sector still need to do meet their legal requirements.
Read the full survey results here.
The BSR has released their strategic three year plan where they outlined their approach from now until 2026 and beyond.
Under the Building Safety Act, owners/managers will be required to collect, monitor, and manage data on their buildings and how safety risks are being managed to satisfy the Golden Thread of Information obligations and provide the evidence for their safety cases.
“Golden Thread of Information - the information about a building that allows someone to understand a building and keep it safe, now and in the future, and the information management to ensure the information is accurate, up to date, easily understandable, can be accessed by those who need it. Applies to all buildings within scope of the new more stringent building safety regime, being introduced through the Building Safety Act 2022”.
Need some more insight into what the golden thread is, and how you can plan and implement it? Watch our 'Building Safety: Implementing the Golden Thread of Information' webinar on-demand here. Gain valuable insight into the 10 golden thread principles, alongside a clear understanding of what you need to consider to meet your golden thread requirements.
A Safety Case Report is a document that demonstrates Building Safety risks have been assessed and all reasonable steps are being taken to prevent risk. It is the primary way the BSR will hold the Accountable Person to account for identifying risks and hazards and managing them. The report is specific to the building in question and must remain valid and ready for review when required. The Safety Case report is assisted by the golden thread of information which delivers complete information and evidence around the assessment and management of Building Safety risks.
When considering what system(s) to use to hold your data, getting the key principles of accurate data management are as important as the functionality of the system you use – our blog on data accuracy guides you through this. You will then need to think about whether any system you currently use will give you all the information you need to compile your Safety Case Report and hold your golden thread, or whether you can pull together different parts of data and work with it to meet your obligations. Catch our webinar on data management to help you consider this here.
Our Building Safety Gap Analysis assesses your housing assets and Building Safety management approach against the proposals set out in the Building Safety Act 2022 and the changes to fire safety legislation. Assessing your current approach to managing Building Safety and reviewing your asset profile and your planned development, the Gap Analysis will enable you to look forward and understand your future obligations under the Building Safety Act.
At Pennington Choices, we offer registered providers and property owners a range of advice and services to help solve your property management issues. Having worked for over 20 years delivering projects to property providers and landlords nationally, we have significant consulting experience.
Click to read how we helped Arches Housing understand their compliance position across the “big five” areas of gas safety, fire safety, water hygiene, electrical safety, and asbestos management.
We can help you ensure your property portfolio complies with both current and future legislation, and help you to prepare for the Building Safety Act by providing you with the assurance that you are meeting your obligations to ensure your residents live in safe homes which meet legal standards.
For even more insight into how you should be preparing for April 2024 and beyond, click here to read our Building Safety Act 2022 Summary blog.