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:

Part 6 sets out general provisions.

Some definitions

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:

The BSR will regulate high-rise buildings. These are buildings with 7 or more storeys or that are 18 metres or higher, and either:

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

The regulator establish and maintain a committee to be known as the Building Advisory Committee, with the following function:

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:

Residents’ panel

This committee must consist of:

The regulator must take all reasonable steps to ensure that the committee includes:

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:

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