What is the Building Safety Act 2022?

Why was the Building Safety Act 2022 introduced?

A big turning point was the Grenfell Tower fire in 2017. The following investigation revealed many concerning failings in the building’s safety system, and in the materials used – ones which were commonly found in other, similar high-rise residential buildings.

The aftermath saw an independent review titled ‘Building a Safer Future’. The report highlighted systemic issues and recommended radical changes to the entire regulatory framework. It was clear something fundamental needed to change.

The Building Safety Act 2022 is the response to those recommendations. Its main goal is to stop anything like the Grenfell Tower fire happening again, by creating a more robust, transparent, and accountable system for building safety across England.

When did the Building Safety Act 2022 come into force?

The entirety of the Act didn’t just come into force all at once. Instead, its provisions have been coming in phases since it received Royal Assent on 28th April 2022.

So, while you might hear people refer to the “Building Safety Act 2022,” remember that many of its requirements and new ways of working have been phased in. This gradual implementation allows the industry time to adapt to the sweeping changes it introduced.

Further building and fire safety legislation

The Building Safety Act 2022 sits alongside several important pieces of legislation that have shaped building and fire safety regulation in recent years, including:

Fire Safety Act 2021: This Act clarifies and expands the scope of fire safety responsibilities under the Regulatory Reform (Fire Safety) Order 2005, particularly in multi-occupied residential buildings, helping to improve fire safety risk assessments and enforcement.

Regulatory Reform (Fire Safety) Order 2005 (FSO): The primary legislation governing fire safety in England and Wales, setting out duties for building owners and responsible persons to manage and reduce fire risks.

Understanding how the Building Safety Act 2022 fits within this wider legal landscape is key for compliance and promoting safer building practices.

What's changing under the Building Safety Act?

The Act brings about some pretty major changes to how buildings are designed, constructed, and managed. It’s introducing a whole new way of thinking about responsibility and accountability. Here are some of the big shifts you need to know about.

1. A new regulator and regime for higher-risk buildings

One of the key points of the Act is the creation of the Building Safety Regulator (BSR), operating within the Health and Safety Executive (HSE). The BSR oversees the safety and performance of higher-risk buildings. These are classified as any building over 18m or seven storeys, with two or more residential units. But they can also mean places like hospitals, military barracks, or hotels.

For these buildings, a new, much stricter regulatory regime is in play. This includes:

Gateways: A series of ‘gateway’ points during a project’s life cycle – at planning, before construction begins, and before occupation – where the BSR scrutinises plans and demands sign-offs.
The golden thread of information: This is a crucial concept. It’s about creating and maintaining a complete, accurate, and accessible digital record of a building’s safety information throughout its entire life cycle. It’s not just about what was built, but also how it was built, what materials were used, and how it’s going to be maintained in the future.
Competence: The Act places a huge emphasis on competence. Everyone involved in higher-risk buildings, from designers to principal contractors, needs to demonstrate they have the right skills, knowledge, experience, and behaviours for the job.

2. Clearer roles and responsibilities (duty holders)

The Act spells out clear duties for various roles throughout a building’s life cycle. These are called ‘duty holders,’ and they’re similar to those under the CDM Regulations, but with a specific focus on building safety. Key roles include:

Client: The organisation or individual for whom the project is carried out. They’re ultimately responsible for making sure building safety is prioritised from the very start.
Principal designer: Responsible for planning, managing, and monitoring design work to make sure it complies with building regulations.
Principal contractor: Responsible for planning, managing, and monitoring the construction work to make sure it complies with building regulations.
Accountable Person (AP): For occupied higher-risk buildings, this is the individual or organisation responsible for managing building safety risks once the building’s occupied. There can be multiple APs for a building.
Principal Accountable Person (PAP): Where there are multiple Accountable Persons, one will be designated as the Principal Accountable Person, taking overall responsibility for the structural and fire safety of the entire building. They’re the go-to for the BSR.

These roles carry significant legal liabilities, and a failure to meet duties can lead to serious penalties such as fines, imprisonment, and remediation costs.

3. Protecting leaseholders from remediation costs

One of the most impactful aspects of the Act, particularly for residents, is its focus on protecting leaseholders from the costs of historical building safety defects, especially those related to cladding.

The Act introduces new legal protections which aim to shift the burden of remediation costs away from leaseholders and onto those responsible for the defects, or ultimately, building owners or developers. This is where the concepts of ‘relevant buildings’ and ‘qualifying leases’ come into play, which we’ll explore shortly.

What is a relevant building under the Building Safety Act 2022?

This is a key term when it comes to leaseholder protections. A building is generally considered a ‘relevant building’ under the Building Safety Act 2022 if it meets all of these criteria:

It’s at least 11 metres in height or has at least five storeys (whichever is reached first).
It contains at least two dwellings.
It’s not a leaseholder-owned building. This last point is important because these buildings don’t have a separate building owner to pass costs on to.

What is a qualifying lease under the Building Safety Act 2022?

A lease is generally considered a qualifying lease if it meets the following conditions:

It’s a long lease (meaning it was granted for more than 21 years).
It’s for a single dwelling in a relevant building.
The tenant under the lease is liable to pay a service charge.
The lease was granted before 14th February 2022 (this is known as the ‘qualifying time’).
And at that ‘qualifying time’ (14th February 2022), one of the following applied:
- The dwelling was your only or principal home.
- You didn’t own any other dwelling in the UK.
- You owned no more than two other dwellings in the UK, apart from the one under this lease.

Essentially, these conditions aim to protect residential leaseholders who primarily use the property as their home or who aren’t large-scale property investors.

The impact on the construction industry

The Building Safety Act is a game-changer for the entire construction industry. It’s not just about compliance, it’s about creating a culture of safety and accountability from top to bottom:

Increased scrutiny and documentation: You can expect far greater scrutiny from regulators and a much heavier emphasis on robust documentation and record-keeping.
Changes to project planning and execution: The new gateway system means tighter controls at every stage. You’ll need to demonstrate compliance and safety considerations from the earliest design phases right through to practical completion and handover. This might mean longer planning periods and more detailed submissions.
Demand for competence: There’s a huge push for showing competence across all roles. This could lead to an increased demand for training, qualifications, and certified professionals within teams. Businesses that can clearly show their competence will undoubtedly have a competitive advantage.
Financial implications: For building owners and developers, there are new liabilities and responsibilities. While the Act aims to protect leaseholders, it does mean that those who’ve profited from or been responsible for unsafe buildings are more likely to bear the costs of remediation.
Supply chain management: The Act will likely trickle down through the supply chain. Clients will be looking for partners who understand and can demonstrate compliance with the BSA. This means subcontractors and suppliers will also need to be up to scratch.
Reputation and trust: Ultimately, this Act is about rebuilding trust in the construction industry. Businesses that embrace its principles, prioritise safety, and operate with transparency could see their reputation soar. This can lead to more opportunities, stronger client relationships, and more sustainable business models.

The next steps

The Building Safety Act 2022 represents a pivotal moment as a long-overdue step towards creating buildings that are truly safe and fit for purpose.

For businesses like yours, adapting to these changes isn’t just about avoiding penalties. It’s an opportunity. By understanding the Act, embracing its principles, and proactively embedding a culture of safety and accountability, you won’t just comply with the law; you’ll also be building a more resilient and trustworthy business that’s ready to tackle any tender.

Upskill your team with BSA training

At Smas Worksafe, we don’t just offer SSIP certification. We also have our own Building Safety Act 2022 online training, which covers a range of topics such as fire safety compliance, risk management, and design & building work. It’s available for anyone to take, so, if you’re planning on upskilling or taking on larger tenders for higher-risk buildings, our three key modules will help you immensely. If you have any questions about the BSA course, or SSIP certification, don’t hesitate to get in touch!