Building Safety Act 2022
The Building Safety Act 2022
Provides a new framework for the design, construction and occupation of “higher risk” buildings. These are defined as those having at least 18 metres or 7 storeys in height and comprise of at least 2 domestic premises. It introduces a new duty holder: the “Accountable Person”.
This Act applies to the built environment industry, to building owners and managers, building inspectors, local authorities and to residents/homeowners of certain new and existing high-rise residential buildings, establishing new legal duties to keep those buildings safe during occupation.
Who does this apply to?
When did it change?
The Act received Royal Assent on 28 April 2022; the vast majority of provisions will come into force over 12-18 months, as secondary legislation is developed.
What does it mean?
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. It contains provisions about the management of building safety risks as regards occupied higher-risk buildings.
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, for business purposes, activities connected with the design, construction, management or maintenance of buildings, and
- employees of such persons.
- Building safety risk (section 62): a risk to the safety of people in or about a building arising from any of the following occurring as regards the building:
- 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, and
- contains at least 2 residential units.
- any other prescribed matter.
- Occupied higher-risk building (section 71): a higher-risk building is “occupied” if there are residents of more than one residential unit in the building.
- Accountable Person (section 72): the duty holder with overall responsibility for building safety under the Act. This is the person who owns or is responsible for the repair of the common parts of the building (including the structure and the exterior).
- Principal Accountable Person: for a building with just one Accountable Person, that person will automatically become the Principal Accountable Person for that building. Where there are multiple APs for a building, one person will be designated as the Principal Accountable Person (either the building owner or the person responsible.
- Mandatory occurrence reporting system: an accountable person for an occupied higher-risk building must, in prescribed circumstances, give prescribed information to the regulator by the prescribed time and in the specified way. The information that may be prescribed is information that relates to a building safety risk as regards the part of the building for which an accountable person is responsible.
- Common parts in relation to a building: the structure and exterior of the building, except so far as included in a demise of a single dwelling or of premises to be occupied for the purposes of a business, or (b) any part of the building provided for the use, benefit and enjoyment of the residents of more than one residential unit (whether alone or with other persons).
- The regulator: Building Safety Regulator (BSR).
- Safety case report: this report must contain any assessment of the building safety risks by an accountable person for the building, and a brief description of any steps taken by an accountable person for the building. The principal accountable person must revise a safety case report if they consider it necessary or appropriate.
Overview of some key provisions
Part 2 The regulator and its functions
The Building Safety Regulator
The Act names the HSE as the new Building Safety Regulator in England. The three main functions of the BSR are:
- overseeing the safety and standards of all buildings
- helping and encouraging the built environment industry and building control professionals to improve their competence
- leading implementation of the new regulatory framework for high-rise buildings.
- leading implementation of the new regulatory framework for high-rise buildings.
The BSR will regulate high-rise buildings. These are buildings with 7 or more storeys or that are 18 metres or higher, and either:
- have at least 2 residential units
- are hospitals or care homes (during design and construction).
The BSR is the building control authority for high-rise buildings.
The regulator must provide such assistance and encouragement to relevant persons as it considers appropriate with a view to facilitating their securing the safety of people in or about higher-risk buildings in relation to building safety risks as regards those buildings.
The regulator must make arrangements for a person to establish and operate a voluntary occurrence reporting system. A “voluntary occurrence reporting system” is a system to facilitate the voluntary giving of information about building safety to the person who operates the system.
Committees
The BSR must establish and maintain three specific committees:
- Building Advisory Committee
- Industry Competence Committee
- Residents’ Panel.
Building Advisory Committee
The regulator establish and maintain a committee to be known as the Building Advisory Committee, with the following function:
- To give advice and information to the regulator about matters connected with any of the regulator’s building functions except its functions relating to the competence of:
- persons in the built environment industry, and
- registered building inspectors.
The Building Regulations Advisory Committee for England, established under section 14 of the Building Act 1984, is abolished.
Committee on industry competence
The regulator must establish and maintain a committee concerned with the competence of persons in the built environment industry (“industry competence”). The functions are:
- monitoring industry competence
- advising the regulator in relation to industry competence
- advising persons in the built environment industry in relation to industry competence
- facilitating persons in the built environment industry to improve industry competence
- providing guidance to the public (or a section of the public) about ways of assessing the competence of persons in the built environment industry
- carrying out analysis and research in connection with the functions above.
Residents’ panel
This committee must consist of:
- the residents of higher-risk buildings who the regulator considers appropriate
- such relevant persons (if any) as it considers appropriate.
- such relevant persons (if any) as it considers appropriate.
The regulator must take all reasonable steps to ensure that the committee includes:
- one or more residents of a higher-risk building who are disabled,
- a body that represents, supports or promotes the interests of any description of disabled people that includes residents of higher-risk buildings, or
- a member of a body within the above.
The committee is to give advice to the regulator about such matters connected with the regulator’s building functions and relating to higher-risk buildings as the regulator may specify.
The regulator must consult the committee before issuing or revising any of the following:
- guidance to residents of higher-risk buildings about any of their rights or obligations under Part 4 of the Act or regulations made under that Part
- guidance relating to any duty under regulations made under section 89 (Keeping information about higher-risk buildings) to give information or documents to residents of higher-risk buildings or owners of residential units in such buildings
- guidance relating to any of sections 91 to 93 (Residents’ engagement strategy; Complaints procedure) or 95 (Duties on residents and owners) or regulations made under any of those sections (engagement with residents etc, and residents’ duties).
