Building Safety Act 2022: Overview and Key Provisions

What This Requirement Covers

The Building Safety Act 2022 is the most significant reform of building safety regulation in England since the Building Act 1984. It was enacted in response to the Grenfell Tower fire and the subsequent Independent Review of Building Regulations and Fire Safety (the Hackitt Review). The Act fundamentally changes the regulation of higher-risk buildings and introduces new duties across the construction industry.

Key Provisions

The Building Safety Regulator (BSR)

1. The Building Safety Regulator is a new function within the Health and Safety Executive (HSE)
2. The BSR is the building control authority for all higher-risk buildings in England
3. The BSR oversees the performance of all building control bodies (local authority and registered building control approvers)
4. The BSR maintains a register of higher-risk buildings

Higher-Risk Buildings (HRBs)

Higher-risk buildings are defined as buildings that are

1. At least 18 metres in height or 7 or more storeys tall, AND
2. Contain at least 2 residential units (flats, student accommodation, care homes, hospitals)

For HRBs, the BSR replaces local authority building control and approved inspectors as the building control body. All building control applications for HRBs must be made to the BSR.

The Gateway Process

The BSR operates a three-gateway system for new HRBs

1. Gateway 1 (Planning): Fire safety considerations must be addressed at the planning stage; the HSE is a statutory consultee
2. Gateway 2 (Before construction): A building control application must be submitted to the BSR with detailed plans and a fire safety strategy. Construction cannot begin until Gateway 2 approval is granted
3. Gateway 3 (Before occupation): The BSR must be satisfied that the building has been constructed in accordance with the approved plans and that all safety requirements are met before a completion certificate is issued

The Golden Thread

1. The Golden Thread is the concept of creating, maintaining, and providing access to a comprehensive digital record of building information throughout the building's life
2. The Golden Thread must include:

- Design and construction information - Fire safety strategy and risk assessments - Details of all materials used in the external wall and fire safety systems - Maintenance records and inspection reports

1. The Golden Thread must be kept up to date by the Principal Accountable Person (in occupation) and must be accessible to residents and the BSR on request

Accountability Framework

1. Client: Must appoint duty holders and ensure compliance during design and construction
2. Principal Designer: Responsible for planning, managing, and monitoring compliance during design
3. Principal Contractor: Responsible for planning, managing, and monitoring compliance during construction
4. Accountable Person / Principal Accountable Person: Responsible for the safety of the building during occupation

Leaseholder Protections

1. The Building Safety Act includes protections for leaseholders from the costs of remediating historical building safety defects
2. Developers who meet certain conditions are required to self-fund remediation through legally binding pledges
3. Leaseholders in qualifying buildings are protected from costs related to cladding remediation and other historical defects

Practical Compliance Tips

1. Determine whether a building is a higher-risk building at the earliest project stage; the BSR process adds significant time and cost to the programme
2. Engage early with the BSR for pre-application advice on Gateway 2 submissions
3. Establish the Golden Thread information management system at the start of the project; retrofitting is expensive and disruptive
4. Appoint the Principal Designer and Principal Contractor with clear contracts setting out their Building Safety Act duties
5. Keep comprehensive records of all design decisions, material selections, and construction inspections from day one
6. For existing HRBs, the Accountable Person must register the building with the BSR and prepare a Building Safety Case
7. Monitor the BSR's website for updated guidance, as the regulatory regime is still evolving