A Complete Guide to the UK Building Safety Act

What is the UK Building Safety Act?

The UK Building Safety Act of 2022 is a landmark legislation that aims to improve the safety of buildings categorized as higher-risk, particularly residential structures at least 18 meters or seven stories tall. This Act establishes a regulatory framework with new oversight bodies and strengthens accountability for building safety throughout the structure’s life cycle, from design and construction to occupation.

The Act expands upon earlier regulations, such as the Defective Premises Act 1972 and the Building Regulations 2010, which have limited liability periods and robust enforcement mechanisms. This is fully implemented only in England. The devolved administrations of Wales, Scotland, and Northern Ireland are currently developing distinct building safety frameworks based on the Act.

Importance

Building safety has always been important in the United Kingdom, especially in the aftermath of the Great Fire of London in 1666. Legislation has been established and expanded since, laying the foundation for comprehensive safety frameworks seen today. Unfortunately, catastrophes in recent years exposed weaknesses in the regulations and the need for systemic reforms.

The Grenfell tragedy prompted the Building Safety Act 2022 UK. What started as an electrical fault on the fourth floor of the 23-story tower block quickly escalated and resulted in 72 fatalities. Investigators pointed to the flammable cladding, inadequate fire safety measures, and building management failures as factors contributing to the tragedy. This landmark law represents a paradigm shift in building safety, prioritizing residents and long-term accountability.

Key Aspects of the UK Building Safety Act

The Building Safety Act UK creates a more robust, transparent, and accountable system. Here are the main changes or adjustments made and the specific requirements that regulators require of dutyholders:

Key Aspects of the UK Building Safety Act 2022

1. Clarified Duty Holder Roles and Responsibilities

The duty holders, or those responsible for ensuring safety throughout the building life cycle, include building owners, designers, head contractors, property managers, and Environment, Health, and Safety (EHS) personnel. These roles matter because unclear responsibility leads to gaps in safety management. Here are some specific requirements:

• Designers’ and contractors’ risk management competency

• Duty holders’ appointment in writing

• Maintenance of the Golden Thread of safety-critical information during the design and construction phases.

2. Building Safety Regulator (BSR)

Established under the Act and operated by the Health and Safety Executive (HSE), the Building Safety Regulator (BSR) oversees building safety enforcement, guidance, and oversight in England, which was previously scattered across various bodies in the past. These are their key responsibilities:

• Maintain a national register of higher-risk buildings.

• Enforce the gateway process and regulate the duty holders’ competence.

• Inspect, investigate, and issue sanctions or stop notices if EHS compliance is compromised.

3. Accountable Persons (APs) and Principal Accountable Person (PAPs)

APs are those who have control over a building’s common parts (e.g., corridors, lobbies, staircases, external walls). The PAP, as the single, clearly identifiable AP responsible for the overall building management, has additional statutory obligations:

• Building registration before it’s occupied

• Up-to-date building security and safety risk assessments

• Submission of safety case reports

4. Gateway Process

This introduces three checkpoints during the design and construction of higher-risk buildings. Each must be passed before moving on to the next stage to ensure safety is considered throughout the build process. These are the checkpoints:

1. Planning – Fire statement demonstrating safety considerations from developers

2. Pre-Construction – BSR approval before construction

3. Completion – BRS approval for completion before occupation

5. Mandatory Occurrence Reporting

Certain incidents or near-misses that could pose safety risks must be formally reported, enabling early intervention and fostering a culture of learning from mistakes. BSR requires the following:

• Document safety-related occurrences that pose significant risks to life or structure.

• Submit the report to BSR promptly.

• Keep a comprehensive record of all reported incidents and update safety management plans accordingly.

6. Resident Engagement and Information

Residents, often the first to notice problems, deserve to know about building safety. Building owners and managers should inform and involve them about matters affecting their homes through the following:

• Resident engagement strategy that shows how residents will be informed and involved

• Safety information (e.g., evacuation plans, safety measures) provided in a clear, understandable format

• A way to raise concerns or complaints

7. Enhanced Fire Safety and Structural Integrity Requirements

Fire spread and building collapse were central failures in the Grenfell Disaster. According to the new Act, these should be treated as core risks. BSR requires the following:

• Identification of structural and fire hazards from construction to occupation through safety risk assessments

• Fire statement submitted at Gateway 1 or Planning phase

• Ongoing site inspections and monitoring carried out by the AP

8. Leaseholder Protections

In the past, leaseholders were penalized financially for safety issues they didn’t cause. The new Act introduces protections related to historical building defects, such as the unsafe cladding in the Grenfell Tower. Here are some specifics:

• Remediation orders issued to developers or landlords to fix defects at their own expense

• Leaseholder protections cap or elimination of service charges for historical defects.

9. Extended Liability and Redress

Building defects usually surface years after completion. The Act extends the limitation for liability claims related to unsafe construction, making it easier for residents and owners to seek redress for poor building work. Take note of the following:

• Legal liability also applies to designers, contractors, and suppliers.

• Claims can be brought up to 30 years after the completion of past work.

• Claims can be brought up to 15 years for new work.

10. Competency Requirements

Anyone involved in the design, construction, or management of higher-risk buildings should have the Skills, Knowledge, Experience, and Behavior (SKEB) necessary to manage building safety effectively. Further details include these:

• Written proof of competency appropriate to their roles, with evidence if requested by the BSR

• Developed systems to assess and maintain workforce competency

Note that competency requirements apply throughout the building’s life cycle, from design and construction to handover and occupation.

Overcoming Compliance Challenges

Because the UK Building Safety Act is relatively new, many construction and real estate companies are struggling to comply with the breadth and depth of new requirements. Here are the top difficulties faced and how to handle them:

• Misunderstanding new roles and responsibilities can lead to non-compliance and project delays. Clearly defining the roles in contracts, appointing competent duty holders, and providing in-depth training early on in the project can help with this problem.

• Managing the Golden Thread of Information is complex and resource-intensive, especially when the new law requires this to be done throughout the building’s life cycle. Utilizing a digital document management system can ensure accuracy and completeness in data gathering.

• Resource constraints can be a problem because this Act increases administrative, legal, and technical demands on firms. Investing in technology to designate roles, assign responsibilities. and streamline compliance is the best way to overcome this limitation.

Aside from engaging with the BSR and key stakeholders from the outset, leveraging digital solutions (e.g., construction management software, building security platforms, site inspection apps) can optimize communication across teams, facilitate risk management, and deliver targeted training to ensure compliance with the regulation.