Building Safety Act 2022: A Complete Guide
The Building Safety Act 2022 (the “Act”) is one of the most significant reforms in the UK’s built environment sector in decades. Enacted in direct response to the Grenfell Tower tragedy, the Act aims to establish a comprehensive framework for the regulation, oversight, and enforcement of building safety across England. It introduces sweeping duties for those involved in the design, construction, and occupation of buildings—particularly higher-risk residential buildings—and establishes a new regulatory regime focused on safety, accountability, and transparency.
This guide provides a thorough overview of the Act, exploring its scope, key provisions, practical implications, and long-term significance for professionals, building owners, and residents.
Building Safety Act 2022 - Origins and Purpose
The Building Safety Act 2022 implements many of the recommendations set out in Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. Following the Grenfell Tower fire, which tragically claimed 72 lives, the review concluded that the existing regulatory system was not fit for purpose. It criticised the lack of clarity around dutyholders, weak enforcement, and the absence of a coherent “golden thread” of safety information across a building’s lifecycle.
In response, the Act provides a new framework based on five core principles:
- Clear legal duties for those responsible for building safety.
- Central regulatory oversight through a national Building Safety Regulator.
- Mandatory reporting, engagement, and record-keeping.
- Stronger resident rights and engagement mechanisms.
- Enhanced liability and access to redress mechanisms for defective buildings.
Building Safety Regulator (BSR)
At the heart of the Act is the Building Safety Regulator, established within the Health and Safety Executive (HSE). The Regulator is responsible for:
- Overseeing the safety and performance of all buildings.
- Implementing a new regulatory regime for higher-risk buildings.
- Monitoring and improving competence within the built environment.
The BSR’s statutory duties include:
- Facilitating the safety of people in and around buildings.
- Promoting the improvement of building standards.
- Providing guidance and support to dutyholders.
- Maintaining a register of building control professionals (including Registered Building Inspectors and Building Control Approvers).
- Operating three new statutory committees: the Building Advisory Committee, the Industry Competence Committee, and the Residents' Panel.
The BSR also holds enforcement powers, such as stop notices, compliance notices, and the ability to prosecute dutyholders for breaches of the Act.
Higher-Risk Buildings
A key focus of the Act is the regulation of “higher-risk buildings” (HRBs). Section 65 of the Buidling Safety Act and section 120D of the Building Act 1984 define these as:
- Buildings in England that are at least 18 metres in height or have 7 or more storeys, and
- Contain at least two residential units.
Hospitals and care homes during the design and construction phase also fall under the scope of higher-risk buildings.
Owners and managers of HRBs must register their buildings with the BSR and ensure compliance with an array of new obligations designed to reduce building safety risks, which are defined as risks to life from:
- The spread of fire.
- Structural failure.
- Any additional risk prescribed by regulations.
Accountable Persons and Principal Accountable Persons
Part 4 of the Act introduces the concept of an “Accountable Person” (AP) for occupied higher-risk buildings. The AP is typically the freeholder, landlord, or management company who:
- Holds a legal estate in any part of the building’s common parts, or
- Has a repairing obligation for the common parts.
Where there is more than one AP, the Act designates a Principal Accountable Person (PAP), who bears primary responsibility for submitting safety case reports and managing building-wide safety measures.
These persons must take reasonable steps to:
- Prevent building safety risks.
- Reduce the severity of any such risks.
- Conduct and keep under review building safety risk assessments.
Registration, Certification, and Safety Case Reports
Under sections 78–86 of the Act, all occupied HRBs must be:
- Registered with the BSR.
- Subject to a building assessment certificate, demonstrating compliance with the building safety regime.
- Accompanied by a safety case report, outlining the building's risks, control measures, and a strategy for continuous safety management.
The safety case must be updated regularly and submitted to the Regulator when requested. If the building does not meet the relevant safety standards, the certificate may be refused, with consequences ranging from enforcement action to intervention by a Special Measures Manager.
Gateway System
The Act introduces a three-stage Gateway process for the planning, design, and construction of HRBs. This system is designed to scrutinise safety at every key stage:
- Gateway One (Planning Stage) – Ensures fire safety considerations are integrated early. Applicants must submit a fire statement with their planning application.
- Gateway Two (Pre-construction) – Before building work begins, detailed information on fire and structural safety must be submitted and approved by the BSR.
- Gateway Three (Completion) – Before the building can be occupied, the BSR must assess whether it complies with building regulations and fire safety requirements.
This process ensures that safety is embedded from design through to occupation, preventing unsafe designs from being constructed.
Dutyholders and the Golden Thread
A major innovation of the Act is the imposition of statutory duties on dutyholders during design and construction. These mirror those in the CDM Regulations 2015 and include:
- The client,
- The principal designer, and
- The principal contractor.
Each dutyholder must:
- Plan, manage and monitor their part of the work,
- Ensure compliance with building regulations,
- Share information, and
- Maintain the golden thread of information.
The golden thread is a digital record containing all safety-critical information about a building, from its design through to ongoing occupation. It must be accurate, accessible, and kept up-to-date throughout the building’s lifecycle.
Residents’ Rights and Responsibilities
The Act introduces stronger resident engagement requirements. Accountable Persons must outline in a Resident Engagement Strategy how they will consult residents on building safety matters.
Residents must be provided with:
- Safety information,
- Complaint mechanisms,
- Copies of the building assessment certificate and safety case (upon request).
In turn, residents have duties not to interfere with fire safety systems or act in a way that puts others at risk.
Redress, Liability and Retrospective Claims
The Act significantly extends the time available for bringing claims under the Defective Premises Act 1972 for defective work:
- 30 years retrospectively for claims arising before the Act came into force.
- 15 years prospectively for claims arising after commencement.
Sections 148–149 also introduce liability for construction product failures, enabling civil claims where unsafe or non-compliant materials have contributed to building safety risks.
The extended limitation periods will allow leaseholders and owners of defective buildings to pursue previously time-barred claims, particularly concerning cladding, fire safety systems, and workmanship.
New Homes Ombudsman Scheme
The government has created a statutory New Homes Ombudsman to handle complaints from buyers of new-build homes. The law requires developers to join the scheme, and authorities may impose sanctions for non-compliance. This offers a new pathway for resolving disputes over quality and workmanship without needing to resort to litigation.
Industry Competence and Reform of Building Control
The Act mandates professionalisation of the building control profession. Key reforms include:
- Registration of Building Control Approvers and Registered Building Inspectors with the BSR.
- Creation of national standards for competence and conduct.
- Oversight and audit by the BSR with the power to remove non-compliant professionals.
This closes a long-standing regulatory gap and aims to ensure that only suitably qualified professionals can undertake building control work.
Conclusion: A New Era of Safety, Accountability, and Transparency
The Building Safety Act 2022 represents a transformative shift in the regulation of England’s built environment. It imposes sweeping obligations on those who design, build, manage, and occupy buildings—particularly higher-risk residential properties—and establishes robust systems of oversight and enforcement.
Professionals across the construction, property, and legal sectors must familiarise themselves with the new duties, processes, and enforcement powers. For building owners and developers, compliance is not optional - it is now a statutory obligation backed by criminal sanctions and enforceable rights of redress.
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For more information on all aspects of Fire & Building Safety, see the collection of articles in our blog.
For more information on the Building Safety Act, or for help fullfilling your obligations please call our Enquiry line on 020 4534 3130.
To book a call back from a member of our Building Safety team, please fill in our Contact Us form.
For further help or advice please contact :
Tony Leishman
BSc (Hons) FRICS C.Build.E MCABE MIFireE MIFSM
Senior Director
Fire Consultancy
Manchester
Pete Scholefield
Director
QHSE Compliance & Fire
Manchester
Sean Robinson
BSc (Hons) MCIOB MIFSM
Associate Director, Head of Building Safety
Building Consultancy
London