Building Safety Act 2022

The Building Safety Act 2022 (the Act) introduces a strengthened regulatory regime for high-rise and other in-scope buildings (higher-risk buildings), improving accountability, risk-management and assurance.

The Act has 6 Parts, and contains provisions intended to secure the safety of people in or about buildings and to improve the standard of buildings. In summary:

Part 2 contains provision about the building safety regulator and its functions in relation to buildings in England.

Part 3 amends the Building Act 1984 (see ‘What’s changed?’ section below for details).

Part 4 is about occupied higher-risk buildings in England, and imposes duties on accountable persons.

Part 5 contains further provisions, including:

• provisions about remediation and redress
• provision requiring a new homes ombudsman scheme to be established
• powers to make provision about construction products
• further provision about fire safety
• provision about the regulation of architects
• provision about housing complaints

Part 6 sets out general provisions.

Some definitions

• The built environment industry (section 30) means:
  • persons carrying on activities connected with design, construction, management or maintenance of buildings
  • employees of such persons
• Building safety risk (section 62): a risk to the safety of people arising from:
  • the spread of fire
  • structural failure
  • any other prescribed matter
• Higher-risk buildings (section 65): a building in England that:
  • is at least 18 metres in height or has at least 7 storeys
  • contains at least 2 residential units
• Occupied higher-risk building (section 71): a building with residents in more than one residential unit
• Accountable Person (section 72): the duty holder responsible for building safety
• Principal Accountable Person:
  • single AP → automatically becomes principal
  • multiple APs → one is designated
• Mandatory occurrence reporting system:
  • requires reporting of building safety risks to the regulator
• Common parts:
  • structure and exterior
  • shared areas used by multiple residential units
• The regulator: Building Safety Regulator (BSR)
• Safety case report:
  • assessment of risks
  • steps taken to manage them

Overview of some key provisions

Part 2 – The regulator and its functions

The Building Safety Regulator

• overseeing safety and standards of buildings
• improving industry competence
• leading high-rise regulatory framework

The BSR regulates high-rise buildings (7+ storeys or 18m+).

Committees

1. Building Advisory Committee
2. Industry Competence Committee
3. Residents’ Panel

Enforcement

• consistent and proportionate approach
• targeted enforcement
• collaboration with other regulators

Part 4 – Higher-risk buildings

• registration and certification
• risk assessment and safety case reports
• mandatory reporting
• resident engagement strategies
• enforcement and appeals

Part 5 – Other provisions

• remediation and redress
• fire safety amendments
• construction products regulation
• new homes ombudsman

Part 6 – General

Includes liability, regulatory review, and general provisions.

What’s changed?

Part 3 – Building Act 1984 amendments

• BSR becomes building control authority for higher-risk buildings
• competence requirements introduced
• dutyholders established
• Gateways 2 and 3 for approvals
• “golden thread” of building information

Fire Safety (Section 156)

• full recording of fire risk assessments
• competency requirements
• information sharing between responsible persons

For full details, the Act should be consulted in full.

Parliament
May 2022