PAS9980 and the Building Safety Act: How They Work Together to Tackle Cladding Risk

This article explores the critical links between PAS9980 and the Building Safety Act, how they work together to improve building safety, and what property professionals, responsible persons, and residents need to know about their practical application.

The Grenfell Tower tragedy in 2017 exposed critical failings in the construction, regulation, and ongoing safety management of high-rise residential buildings. In response, the UK government introduced the Building Safety Act 2022, a landmark piece of legislation aimed at overhauling building safety. Alongside this statutory reform, PAS9980:2022 emerged as a pivotal guidance document for assessing fire risk from external wall construction.

What Is PAS 9980?

PAS9980:2022 is a code of practice developed by the British Standards Institution (BSI) to provide a structured methodology for carrying out a Fire Risk Appraisal of External Walls (FRAEW). Its focus is the risk to life from fire spreading via external wall systems, such as cladding and insulation, in existing multistorey, multi-occupied residential buildings.

It helps competent professionals determine whether a building’s external wall construction presents a risk to occupants and whether remedial action is needed. PAS9980 emphasizes a risk-based approach, avoiding over-reliance on rigid compliance with current Building Regulations that may not have applied when the building was originally constructed.

What Is the Building Safety Act 2022?

The Building Safety Act 2022 represents a significant reform of building safety regulation in England. It creates a new framework of accountability across the lifecycle of higher-risk buildings, introduces new roles such as the Accountable Person, and strengthens enforcement powers for regulators. It also:

Establishes the Building Safety Regulator (BSR) within the Health and Safety Executive

Mandates new safety case reports and resident engagement duties

Broadens the scope of the Regulatory Reform (Fire Safety) Order 2005 via the Fire Safety Act 2021, now encompassing external walls

Imposes strict responsibilities on those who own or manage higher-risk buildings (typically those over 18 metres or 7 storeys with at least two residential units)

How PAS9980 Links to the Building Safety Act

1. PAS9980 Supports Fire Risk Assessments under the Fire Safety Order

A core link between PAS9980 and the Building Safety Act lies in their shared use of the Regulatory Reform (Fire Safety) Order 2005, especially as amended by the Fire Safety Act 2021. The Fire Safety Order now explicitly includes external wall systems as part of the fire risk assessment. PAS9980 provides the structured methodology for assessing these elements.

PAS9980 is not a legal requirement, but using its methodology supports compliance with the Fire Safety Order and the wider intent of the Building Safety Act.

2. A Shared Philosophy: Risk-Based and Proportionate

Both PAS9980 and the Building Safety Act advocate a risk-based, proportionate approach to fire safety. Instead of assuming that any combustible material renders a building unsafe, PAS9980 encourages assessors to evaluate:

The extent of combustible materials

Façade configuration

Fire strategy and fire hazards

Effectiveness of fire and rescue service intervention

This aligns with the Act’s call for reasonably practicable measures, factoring in cost, benefit, and proportionality. The Building Safety Act does not mandate remediation at any cost—it asks dutyholders to justify decisions through a documented safety case. PAS9980 provides the technical and evidential foundation for this justification.

3. FRAEWs as Evidence for Building Safety Cases

For higher-risk residential buildings, the Building Safety Act requires Accountable Persons to prepare and maintain a Building Safety Case that demonstrates they understand and manage all fire and structural risks. One of the most critical elements in this process is understanding the fire risk of the building’s external walls.

A FRAEW conducted under PAS9980 can be a cornerstone of the safety case report. It demonstrates:

A competent assessment has been made

The decision to remediate or not is evidence-based

The risk to life is documented and proportionate

4. Competency and Accountability Underpin Both Frameworks

Both PAS9980 and the Building Safety Act require the involvement of competent professionals. The Act legally defines roles like the Principal Designer, Principal Contractor, and Building Safety Manager, all of whom must demonstrate competence.

PAS9980 reinforces this by stating that FRAEWs must only be conducted by competent professionals, typically qualified fire engineers or assessors with demonstrable expertise in external wall systems.

5. PAS9980 Promotes Consistency—A Key Building Safety Act Goal

One challenge the Building Safety Act seeks to address is inconsistency in fire risk assessments. PAS9980 directly supports this by:

Providing a standardised five-step risk assessment process

Encouraging objective, transparent reporting

Allowing for peer review and auditability

This helps create a consistent national standard for assessing and documenting the fire risk from cladding—vital in an environment where different professionals may have reached different conclusions on similar buildings.

6. Avoiding Unnecessary Cost and Disruption

The Building Safety Act emphasizes proportionate remediation. PAS9980 is a critical tool in avoiding unnecessary cladding replacement by helping identify when:

Materials pose a negligible fire risk (e.g. small quantities of combustible gaskets or membranes)

Fire safety strategy and compartmentation mitigate risk

Interim measures (like alarms or changes to evacuation strategy) are more appropriate than full remediation

Used properly, PAS9980 can prevent over-conservative, costly decisions that don’t meaningfully improve safety.

FAQs About PAS9980 and the Building Safety Act

Q: Is PAS9980 a legal requirement?
No, PAS9980 is not law. But the government endorses this guidance to help responsible persons comply with their legal duties under the Fire Safety Order and the Building Safety Act.

Q: Who should carry out a PAS9980 FRAEW?
Only competent professionals—typically experienced fire engineers or façade specialists. PAS9980 outlines detailed competence expectations.

Q: Does every building need a FRAEW under PAS9980?
No. You only need to apply PAS9980 if the fire risk assessor identifies a potential risk from the external walls. Many buildings with traditional masonry walls will not require it.

Q: What buildings does the Building Safety Act apply to?
The most stringent obligations apply to higher-risk buildings—typically residential buildings over 18m in height. But the Act also strengthens enforcement and duties across the wider built environment.

Q: Does PAS9980 apply to new buildings?
No. PAS9980 applies only to existing buildings. New buildings must meet Building Regulations, including the combustible materials ban for relevant buildings.

Key Takeaways: PAS9980 and the Building Safety Act

PAS9980 is not legislation but is essential to complying with fire safety laws after Grenfell.

The Building Safety Act 2022 sets the legal framework; PAS9980 provides the technical guidance.

Both stress a risk-based, proportionate approach to ensure that safety is achieved without unnecessary costs.

FRAEWs under PAS9980 can serve as vital evidence in building safety cases and fire risk assessments.

Competence, transparency, and accountability are central to both the PAS and the Act.

Used together, PAS9980 and the Building Safety Act help balance safety with fairness—ensuring residents are protected without unjustified remediation.

If you own or manage a residential building and are unsure whether your external walls pose a fire risk—or whether PAS9980 applies—our team at Anstey Horne can help.

Get in touch today for expert advice and support in complying with the Building Safety Act and managing your external wall fire safety obligations.

Need help with PAS9980 and the Building Safety Act?

If you own or manage a residential building and are unsure whether your external walls pose a fire risk, or whether PAS9980 applies, we can help. At Anstey Horne, our expert team of fire engineers and surveyors deliver independent, proportionate, and fully compliant FRAEW Surveys.

Get in touch with us today to arrange a no-obligation consultation - please call 020 4534 3130.

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