High Rise Safety: Building Safety Act Guide
A comprehensive guide to high rise safety covering the Building Safety Act 2022, fire safety regulations, Accountable Persons, safety case reports, and resident engagement for higher-risk buildings in England.
Call 0161 371 7190What Is the Building Safety Act 2022?
The Building Safety Act 2022 represents the most significant reform to building safety legislation in a generation. Introduced in response to the Grenfell Tower tragedy, the Act establishes a comprehensive new regulatory framework designed to ensure that higher-risk buildings are safe for residents throughout their entire lifecycle - from design and construction through to occupation and management.
The Act applies to higher-risk buildings in England that are at least 18 metres in height or have 7 or more storeys, and contain at least two residential units. These buildings are now subject to a new regulatory regime overseen by the Building Safety Regulator (BSR), which sits within the Health and Safety Executive.
Key Elements of the New Regulatory Regime
- Mandatory registration of all higher-risk buildings with the Building Safety Regulator
- Identification and registration of Accountable Persons and Principal Accountable Persons
- Preparation and maintenance of safety case reports for each higher-risk building
- A mandatory resident engagement strategy to keep residents informed about building safety
- New duties for building owners, managers, and developers to ensure ongoing compliance
- Enhanced enforcement powers for the Building Safety Regulator, including criminal sanctions
The Building Safety Act places clear obligations on those responsible for high rise building management. Professional block management is essential to ensuring that these obligations are met effectively and that residents can live safely in their homes.
Accountable Persons and Principal Accountable Persons
Central to the Building Safety Act 2022 is the concept of the Accountable Person. An Accountable Person is any individual or organisation that owns or has a legal obligation to repair any common parts of a higher-risk building. This may include freeholders, management companies, right-to-manage companies, or other entities with repairing responsibilities under the terms of a lease or other legal arrangement.
Where there are multiple Accountable Persons for a building, a Principal Accountable Person (PAP) must be identified. The PAP is the person or organisation responsible for the external walls and structure of the building. In most cases, this will be the freeholder or the head leaseholder.
Duties of the Principal Accountable Person
- Register the higher-risk building with the Building Safety Regulator before occupation
- Apply for and obtain a Building Assessment Certificate from the Regulator
- Prepare, maintain, and review the safety case report for the building
- Develop and implement a mandatory resident engagement strategy
- Establish and operate a complaints procedure for building safety concerns
- Coordinate with all other Accountable Persons to ensure building safety duties are met
Understanding who holds the role of Accountable Person and Principal Accountable Person is critical for compliance. Effective leasehold management ensures that these responsibilities are clearly defined, properly discharged, and fully documented.
Safety Case Reports
A safety case report is one of the most important documents required under the Building Safety Act 2022. It is a comprehensive record that demonstrates how the building safety risks in a higher-risk building are being identified, assessed, and managed on an ongoing basis.
The Principal Accountable Person is responsible for preparing and maintaining the safety case report. The report must be a living document, regularly reviewed and updated to reflect any changes to the building, its use, or its management arrangements.
What a Safety Case Report Must Include
- A detailed description of the building, including its structure, height, and construction materials
- Comprehensive fire risk assessments and structural risk assessments for the building
- Details of all fire safety systems, including alarms, sprinklers, and compartmentation
- Maintenance schedules and records for all safety-critical systems and equipment
- The measures in place to prevent or mitigate major incidents, including fire and structural failure
- Evidence that the safety case has been reviewed and remains current and adequate
Preparing and maintaining a thorough safety case report requires detailed knowledge of the building and its systems. Professional building maintenance services play a vital role in ensuring that all safety-critical systems are properly maintained and that maintenance records are accurate and up to date.
Fire Safety in High Rise Buildings
Fire safety in high rise buildings is governed by both the Building Safety Act 2022 and the Fire Safety (England) Regulations 2022. Together, these pieces of legislation create a comprehensive framework for managing fire risks in taller residential buildings.
The Fire Safety (England) Regulations 2022 apply to all multi-occupied residential buildings with two or more sets of domestic premises, not just higher-risk buildings. However, additional requirements apply to buildings over 11 metres in height, and further enhanced duties apply to buildings over 18 metres.
Fire Safety Requirements for High Rise Buildings
- Regular fire risk assessments carried out by a competent person and reviewed at least annually
- Annual inspections of fire doors in common areas and quarterly inspections of flat entrance doors
- Provision of clear fire safety information to residents, including evacuation procedures
- Installation of wayfinding signage in stairwells and common areas for firefighter orientation
- Sharing of electronic floor plans and building information with local fire and rescue services
- Consideration and, where appropriate, installation of evacuation alert systems in buildings over 18 metres
Evacuation Strategies
High rise buildings may operate under different evacuation strategies, including stay-put policies, simultaneous evacuation, or phased evacuation. The appropriate strategy depends on the building's design, construction, fire safety systems, and the results of the fire risk assessment. The chosen strategy must be clearly communicated to all residents and regularly reviewed.
Managing fire safety in a high rise building requires specialist knowledge and diligent ongoing management. For a detailed overview of fire safety obligations, see our fire safety guide.
Resident Engagement in Building Safety
The Building Safety Act 2022 places significant emphasis on resident engagement as a core element of building safety. Accountable Persons must develop and implement a mandatory resident engagement strategy that sets out how they will promote the participation of residents in decisions about building safety.
Residents of higher-risk buildings have a legal right to request and receive information about the safety of their building. This includes information about the building's structure, fire risk assessments, safety measures in place, planned maintenance and safety works, and the identity of the Accountable Persons.
Key Resident Engagement Obligations
- Develop and implement a resident engagement strategy that is clear, accessible, and proportionate
- Provide residents with key building safety information without requiring a formal request
- Respond to resident requests for building safety information within a reasonable timeframe
- Establish a formal complaints procedure for building safety concerns raised by residents
- Consult residents before making significant changes to building safety measures or policies
- Keep records of all resident engagement activities and complaints received and resolved
Effective resident engagement builds trust and helps identify safety concerns early. Our approach to residential block management puts open communication with residents at the heart of everything we do, ensuring full compliance with the Building Safety Act.
Role of the Managing Agent in High Rise Safety
While the Accountable Person and Principal Accountable Person hold the primary legal duties under the Building Safety Act 2022, the role of the managing agent is critical to achieving and maintaining compliance. A professional managing agent acts on behalf of the Accountable Person, coordinating the day-to-day management of building safety and ensuring that all regulatory obligations are met.
The managing agent is often responsible for the practical delivery of safety measures, including arranging fire risk assessments, coordinating maintenance of safety-critical systems, managing contractor relationships, maintaining records, and liaising with the Building Safety Regulator on behalf of the Accountable Person.
How a Managing Agent Supports High Rise Safety Compliance
- Coordinating the preparation and ongoing review of the safety case report
- Arranging and managing fire risk assessments, structural surveys, and other specialist assessments
- Overseeing the maintenance and inspection of fire safety systems, fire doors, and safety equipment
- Implementing the resident engagement strategy and managing the complaints procedure
- Maintaining accurate and comprehensive records of all safety management activities
- Liaising with the Building Safety Regulator, local fire services, and other statutory bodies
Choosing an experienced managing agent with expertise in high rise safety is essential. Our commercial block management services include full support for Building Safety Act compliance, helping Accountable Persons meet their obligations with confidence.
Frequently Asked Questions About High Rise Safety
What buildings are affected by the Building Safety Act?
The Building Safety Act 2022 applies to higher-risk buildings in England that are at least 18 metres in height or have 7 or more storeys, and contain at least two residential units. This includes high rise residential blocks, mixed-use buildings with residential elements, and certain care homes and hospitals that meet the height threshold. The Act introduced a new regulatory framework overseen by the Building Safety Regulator to ensure these buildings are designed, constructed, and managed safely.
Who is the Accountable Person for a high rise building?
The Accountable Person is any individual or organisation that owns or has a legal obligation to repair any common parts of a higher-risk building. In many cases, this will be the freeholder, a management company, or a right-to-manage company. Where there are multiple Accountable Persons, a Principal Accountable Person must be identified - this is the person or organisation responsible for the external walls and structure of the building. The Principal Accountable Person must register the building with the Building Safety Regulator and take the lead on compliance.
What is a safety case report?
A safety case report is a comprehensive document that demonstrates how building safety risks in a higher-risk building are being identified, assessed, and managed. It must include details of the building structure, fire safety systems, risk assessments, maintenance schedules, and the measures in place to prevent or mitigate major incidents. The Principal Accountable Person is responsible for preparing and maintaining the safety case report, which must be kept under regular review and updated whenever significant changes occur to the building or its management arrangements.
Do residents have a right to information about building safety?
Yes, residents of higher-risk buildings have a legal right to request and receive information about the safety of their building under the Building Safety Act 2022. Accountable Persons must develop and implement a mandatory resident engagement strategy, provide residents with key safety information, and establish a transparent complaints procedure. Residents can request information about structural safety, fire risk assessments, maintenance schedules, and any planned safety works. The Building Safety Regulator can take enforcement action if these obligations are not met.
How does the Building Safety Act affect service charges?
The Building Safety Act 2022 introduced specific protections for leaseholders regarding the costs of remediation works to address historical building safety defects. Under the Act, qualifying leaseholders in buildings over 11 metres are protected from costs associated with the remediation of cladding defects and may have caps on non-cladding remediation costs. Developers, building owners, and those responsible for defects are expected to bear the costs. However, ongoing building safety compliance costs, such as safety case report preparation and fire safety measures, may be recoverable through service charges where the lease permits.
What fire safety measures are required in high rise buildings?
High rise buildings must comply with the Fire Safety (England) Regulations 2022, which require building owners and managers to carry out regular fire risk assessments, ensure fire doors are inspected annually in common areas and every three months for flat entrance doors, provide clear information to residents about fire safety procedures, install wayfinding signage for firefighters, and share electronic floor plans with local fire and rescue services. Buildings over 18 metres must also have evacuation plans and consider installing evacuation alert systems. These measures sit alongside the broader requirements of the Building Safety Act for higher-risk buildings.
Need Help With High Rise Building Safety Compliance?
Our experienced team can help you navigate the Building Safety Act 2022, prepare safety case reports, manage fire safety obligations, and implement effective resident engagement strategies. Contact us today for expert guidance.
Call 0161 371 7190