Meeting the Requirements of the Building Safety Act
With the Expertise of Allsop Letting & Management
An Overview
The Building Safety Act 2022 (BSA) aim is to reform building safety legislation, following the Grenfell Tower disaster in 2017.
The Building Safety Act 2022 (BSA) aim is to reform building safety legislation, following the Grenfell Tower disaster in 2017.
Introduced to Parliament in July 2021, the Building Safety Act 2022 came into force on 1st April 2023. It introduces new duties for managing fire and building safety in high-rise residential 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 and the Fire Safety (England) Regulations 2022.
The ultimate intention of the legislation is to ensure people feel safer in their homes. It fundamentally changes the way buildings are designed, constructed, and managed.
Key Points
- Applies to new or existing occupied buildings over 18 metres high or seven storeys or more, which contain at least two residential units, including assessment around the design, refurbishment, and construction requirements of every residential building that meets the criteria.
- Creates a universal change in responsibility and culture within the building industry.
- Establishes a more effective regulatory and responsibility framework for the construction industry and introduces clearer standards and guidance.
- Puts residents at the heart of a new system of building safety.
- Clarifies who has responsibility for fire and building safety throughout the life cycle of a higher-risk building.
New Roles
Described as “the biggest change to building safety regulation in a generation,” the Building Safety Act 2022 introduces three key roles: the Building Safety Regulator, the Principal Accountable Person, and the Accountable Person.
The Building Safety Regulator (BSR) is an independent body responsible for overseeing building safety and performance. The BSR has powers to enforce regulations and act against non-compliance. For high-risk buildings, it can implement more stringent rules on design, construction, and occupation.
Principal Accountable Person (PAP) - this is usually the organisation or individual with the greatest control over the structure and exterior of the building, often the freeholder or head landlord. The PAP has the primary legal responsibility for the overall safety of the building once it is occupied. Key duties of the PAP include registering the building with the BSR, maintaining a safety case report, managing building safety risks, and ensuring clear communication with residents about safety matters. The PAP serves as the main point of accountability under the Act.
The Accountable Person (AP) is any individual or organisation responsible for the repair or maintenance of the common parts of a higher-risk building. There can be multiple APs for a single building, each responsible for their specific parts. All APs have legal duties to manage and mitigate building safety risks, cooperate with each other, and provide safety information as required by the Building Safety Regulator (BSR).
When did the Building Safety Act 2022 become law?
The draft bill was announced in July 2020, with its First Reading taking place in 2021. The Act received Royal Assent and completed all parliamentary stages in April 2022.
All buildings in scope must be registered with the Building Safety Regulator. The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 define the key building information required for registration, which must be completed before occupation.
Once registered, the Principle Accountable Person must apply for a Building Assessment Certificate, which includes information about reasonable steps taken to prevent building safety risks. This includes a Building Safety Case Report.
The Challenge
We understand that owners designated as the Principal Accountable Person may have concerns regarding the implementation of their duties as prescribed by the Act.
There are various obligations to consider, such as developing safety cases and reports, establishing resident engagement strategies, and creating a mandatory occurrence reporting system.
Allsop is well placed to assist with meeting the standards and requirements set out in the Act, while demonstrating proactive steps to identify, manage, and mitigate fire and structural risks as evidenced in the buildings’ safety cases and reports.
This is a complex and time-consuming process, requiring significant technical resources to implement the necessary measures on behalf of the Principal Accountable Person, and in assuming the role of the Accountable Person.