Building Safety Act 2022 - Your Complete Guide
Everything freeholders, leaseholders, and right to manage companies need to know about the Building Safety Act 2022. From Accountable Person duties and high rise building regulations to leaseholder protections and building safety cases - explained clearly by experienced managing agents.
What Is the Building Safety Act?
The Building Safety Act 2022 is the most significant reform of high rise building regulations in the UK in a generation. Introduced in direct response to the Grenfell Tower disaster of 2017, the Act creates a comprehensive regulatory framework designed to ensure that residents of higher-risk buildings are safe and that those responsible for building safety are held accountable. The Act received Royal Assent in April 2022, with its key provisions phased in through 2023 and 2024.
At its core, the Building Safety Act establishes the Building Safety Regulator as a new regulatory body within the Health and Safety Executive. It introduces mandatory roles including the Accountable Person and Principal Accountable Person, requires the preparation and maintenance of a building safety case for every higher-risk building, and mandates a golden thread of building information that must be maintained throughout the life of the building. The Act also reforms the building control process, strengthens enforcement powers, and creates new pathways for leaseholder protections against unfair remediation costs.
At Block, we ensure that every building in our portfolio is fully compliant with the Building Safety Act. Our dedicated compliance team manages registration, safety case preparation, resident engagement, and ongoing regulatory liaison on behalf of freeholders and right to manage companies across England.
Higher-Risk Buildings: 18 Metres and 7+ Storeys
The enhanced regulatory regime under the Building Safety Act 2022 applies to higher-risk buildings, defined as residential buildings that are at least 18 metres in height or have at least seven storeys and contain at least two residential units. These high rise blocks are subject to the most demanding compliance obligations under the Act, reflecting the greater risk to residents posed by fire, structural failure, or other safety incidents in tall buildings.
All qualifying high rise buildings must be registered with the Building Safety Regulator. The registration process requires the provision of detailed information about the building, including its height, number of storeys, number of residential units, construction type, and the identity of the Accountable Person. Failure to register a qualifying building is a criminal offence. Our high rise block management service includes full management of the registration process and all subsequent regulatory obligations.
Even buildings below the 18-metre threshold may be affected by the Act. Buildings over 11 metres are subject to enhanced fire safety requirements, and certain provisions of the Act relating to remediation and leaseholder protections apply regardless of building height. If you are unsure whether your building qualifies as higher-risk, our team can advise based on the specific characteristics of your property.
Accountable Person Duties Under the Building Safety Act
The Building Safety Act 2022 introduces the Accountable Person as the individual or organisation with primary responsibility for building safety in a higher-risk building. In most cases, the Accountable Person is the freeholder - a critical aspect of freeholder responsibilities under the new regime. However, in buildings managed by a right to manage company or a residents management company, the RTM company or RMC may also hold Accountable Person duties depending on the extent of their legal obligations.
The Accountable Person must assess building safety risks on an ongoing basis, take all reasonable steps to prevent the occurrence of a major incident, and manage building safety risks so far as is reasonably practicable. Specific duties include registering the building with the Building Safety Regulator, applying for and maintaining a building assessment certificate, preparing and maintaining a building safety case report, establishing and maintaining a mandatory occurrence reporting system, and implementing a residents engagement strategy.
The Principal Accountable Person
Where a higher-risk building has more than one Accountable Person - for example, where different parts of the building are owned by different entities - the Building Safety Act requires the identification of a Principal Accountable Person. The Principal Accountable Person is the Accountable Person who holds the legal estate in the common parts of the building, and they take on additional coordination duties to ensure that building safety is managed consistently across all parts of the building.
The Principal Accountable Person is responsible for leading the registration process, coordinating the building safety case across all Accountable Persons, ensuring that the golden thread of building information is maintained comprehensively, and acting as the primary point of contact with the Building Safety Regulator. They must also ensure that all Accountable Persons cooperate and share information necessary for the safe management of the building.
In complex developments such as mixed-use buildings with residential and commercial elements, or estates with multiple blocks, identifying the correct Principal Accountable Person is essential. At Block, we advise freeholders and right to manage companies on the correct allocation of Accountable Person and Principal Accountable Person roles, ensuring that every duty under the Building Safety Act is clearly assigned and properly discharged.
Building Safety Case Requirements
The building safety case is one of the most important obligations under the Building Safety Act 2022. It is a comprehensive, living document that must demonstrate how the Accountable Person identifies, assesses, and manages building safety risks. The safety case is specific to each building and must reflect its unique characteristics, including construction type, fire safety systems, resident profile, and the management arrangements in place.
A compliant building safety case must include a detailed building description, a thorough risk assessment covering fire safety and structural safety, an explanation of the safety measures in place to manage identified risks, evidence that those measures are effective, and a plan for ongoing monitoring and review. The safety case must be supported by the golden thread - a structured set of building information maintained in a digital format that provides an accurate, up-to-date record of the building design, construction, and ongoing management.
The Building Safety Regulator can request the safety case at any time and will assess it as part of the building assessment certificate process. If the safety case is found to be inadequate, the Regulator can issue compliance notices, improvement notices, or in serious cases take enforcement action. Our compliance team prepares and maintains building safety cases for every higher-risk building we manage, ensuring they meet the Regulator requirements and are kept under continuous review. Our fire safety programmes feed directly into the safety case documentation, providing the evidence base for the fire risk management elements of each case.
Leaseholder Protections and Remediation Cost Caps
One of the most significant elements of the Building Safety Act 2022 is the protection it provides to leaseholders in buildings affected by historical building safety defects. The Act establishes a framework that limits the remediation costs that can be passed to qualifying leaseholders through the service charge, shifting the financial burden to those responsible for creating the defects in the first place - primarily developers and, in certain circumstances, freeholders who are connected to the original developer.
For qualifying leaseholders in buildings over 11 metres, the Act provides a cap on the total amount they can be required to contribute towards non-cladding remediation costs. The cap is set at £10,000 for leaseholders in London and £15,000 outside London, with a maximum annual contribution of £2,000 per year. For cladding remediation, qualifying leaseholders are fully protected and cannot be required to pay anything. These protections represent a fundamental reform of leaseholder rights in relation to building safety.
To qualify for protection, leaseholders must meet certain criteria including ownership status and the value of their property interest. Leaseholders who own more than three properties in the UK do not qualify as qualifying leaseholders. The Act also provides mechanisms for leaseholders to claim costs from developers through remediation contribution orders and building liability orders. At Block Management Company, we guide leaseholders and freeholders through the remediation framework, ensuring that protections are correctly applied and that remediation works are managed efficiently through our building maintenance programmes.
The Managing Agent Role in Building Safety Act Compliance
While the Building Safety Act places the primary duty on the Accountable Person, in practice most freeholders and right to manage companies rely on their managing agent to deliver compliance on a day-to-day basis. The managing agent role is critical - they are responsible for coordinating the preparation of the safety case, managing the golden thread of building information, implementing the resident engagement strategy, liaising with the Building Safety Regulator, and ensuring that all building safety risks are assessed and managed on an ongoing basis.
For high rise blocks and other higher-risk buildings, the managing agent must have the competence, resources, and systems to meet the demanding requirements of the Act. This includes specialist knowledge of high rise building safety, fire safety systems, structural engineering principles, and regulatory compliance. Not every managing agent has the capability to manage a higher-risk building - choosing the right agent is one of the most important decisions a freeholder or right to manage company can make.
At Block, Building Safety Act compliance is embedded into every aspect of our service for higher-risk buildings. From the initial registration through to ongoing safety case maintenance, regulatory liaison, and resident engagement, our specialist team delivers end-to-end compliance. We work closely with freeholders and their legal advisors to ensure that Accountable Person duties are fulfilled to the highest standard, protecting both building safety and the interests of every leaseholder.
The Building Safety Regulator
The Building Safety Act 2022 established the Building Safety Regulator as a new division within the Health and Safety Executive. The Regulator is responsible for overseeing the safety and performance of all buildings in England, with a particular focus on higher-risk residential buildings. Its core functions include maintaining the register of higher-risk buildings, assessing building safety cases and issuing building assessment certificates, overseeing the new building control regime for higher-risk buildings during design and construction, and taking enforcement action where building safety obligations are not met.
The Regulator has wide-ranging enforcement powers under the Act. It can issue compliance notices requiring Accountable Persons to take specific action, impose improvement notices setting out steps to be taken within a specified timeframe, and in serious cases apply to the courts for remediation orders. The Regulator can also prosecute for criminal offences under the Act, including failure to register a higher-risk building or failure to comply with a compliance notice.
Residents of higher-risk buildings also have the right to raise building safety concerns directly with the Regulator through a formal complaints process. The Regulator must investigate these complaints and can take action where necessary to protect residents. This mechanism ensures that leaseholders and tenants have a direct route to escalate safety concerns if they believe the Accountable Person or managing agent is not fulfilling their duties under the Building Safety Act. At Block, we maintain an open and cooperative relationship with the Building Safety Regulator, ensuring that every building we manage meets or exceeds regulatory expectations.
Frequently Asked Questions About the Building Safety Act
What is the Building Safety Act 2022?
The Building Safety Act 2022 is a landmark piece of UK legislation introduced in response to the Grenfell Tower tragedy. It establishes a new regulatory framework for higher-risk residential buildings, defined as those at least 18 metres in height or with at least seven storeys and containing two or more residential units. The Act creates the Building Safety Regulator within the Health and Safety Executive, introduces the roles of Accountable Person and Principal Accountable Person, requires the preparation of building safety cases, mandates a golden thread of building information, and provides enhanced protections for leaseholders against unfair remediation costs. The Act applies across England and significantly strengthens the obligations on those responsible for building safety throughout a building lifecycle.
Who is the Accountable Person under the Building Safety Act?
The Accountable Person is the individual or organisation with a legal estate in possession of the common parts of a higher-risk building. In most cases, this is the freeholder, but it can also be a residents management company, a right to manage company, or a commonhold association depending on the ownership and management structure of the building. The Accountable Person is legally responsible for assessing and managing building safety risks, registering the building with the Building Safety Regulator, preparing and maintaining a safety case report, and implementing a resident engagement strategy. Where there is more than one Accountable Person, a Principal Accountable Person must be identified to coordinate building safety duties across all parties.
Does the Building Safety Act apply to my building?
The enhanced regulatory regime under the Building Safety Act applies to higher-risk buildings, which are residential buildings that are at least 18 metres in height or have at least seven storeys and contain at least two residential units. If your building meets this threshold, it must be registered with the Building Safety Regulator, an Accountable Person must be appointed, a safety case report must be prepared, and a resident engagement strategy must be in place. Even if your building does not meet the higher-risk threshold, certain provisions of the Building Safety Act still apply, including the strengthened remediation framework for buildings with cladding or fire safety defects, enhanced leaseholder protections, and the general duty to manage building safety risks proactively.
What is a building safety case?
A building safety case is a comprehensive document required under the Building Safety Act 2022 for all higher-risk buildings. It must demonstrate that the Accountable Person has identified all building safety risks, assessed them thoroughly, and put in place appropriate measures to manage and mitigate those risks. The safety case includes a detailed description of the building, its construction, its fire safety systems, the resident profile, the management arrangements in place, and a risk assessment covering structural safety, fire safety, and any other relevant hazards. The safety case must be kept under regular review and updated whenever significant changes occur to the building or its use. The Building Safety Regulator can request the safety case at any time and may take enforcement action if it is inadequate.
How does the Building Safety Act affect leaseholders?
The Building Safety Act 2022 provides significant protections for leaseholders in buildings affected by historical building safety defects. Qualifying leaseholders in buildings over 11 metres are protected from bearing the cost of remediation works to address cladding and fire safety defects, with costs instead falling on developers, freeholders who are also developers, or government-funded schemes such as the Building Safety Fund. The Act caps the amount non-qualifying leaseholders can be required to contribute through the service charge. Leaseholders also have new rights to information about building safety, the right to be consulted on building safety matters through the resident engagement strategy, and the right to request the Accountable Person to provide building safety information. These protections represent a fundamental shift in how remediation costs are allocated in the UK.
Need Building Safety Act Compliance Support?
Whether you are a freeholder navigating Accountable Person duties, a right to manage company taking on building safety obligations, or a leaseholder seeking advice on your protections under the Act - our specialist team is here to help.