Retrospective Building Safety Duties for Existing Buildings

What This Requirement Covers

The Building Safety Act 2022 imposes new duties on those responsible for existing higher-risk buildings (residential buildings over 18 metres or 7 storeys), not just new construction. These duties are designed to ensure that building safety is actively managed throughout the building's life.

Key Requirements

Who Is Responsible

1. The Accountable Person is any person or organisation that holds a legal estate in the common parts of the building (typically the freeholder, management company, or right-to-manage company)
2. Where there are multiple Accountable Persons, one must be designated as the Principal Accountable Person (PAP)
3. The PAP has overall responsibility for the building's safety and for coordinating with other Accountable Persons

Key Duties

1. Register the building with the BSR
2. Prepare and maintain a building safety case and building safety case report
3. Maintain the Golden Thread of building information
4. Carry out a safety risk assessment identifying fire and structural safety risks
5. Implement a safety management system to control identified risks
6. Prepare a residents' engagement strategy
7. Report mandatory occurrences to the BSR
8. Display a summary of the building safety case in a prominent location
9. Cooperate with the BSR and comply with any compliance or enforcement notices

Information Gathering

For existing buildings, the PAP must gather historical information about the building's construction and maintenance. This includes:

1. Original design and construction drawings (if available)
2. Details of any alterations or refurbishments
3. Fire risk assessments and any remedial actions
4. External wall system details (particularly post-Grenfell)
5. Maintenance records for fire safety systems
6. Any previous building control approvals

Remediation

1. Where defects are identified (particularly in external wall systems), the PAP may need to arrange remediation
2. The Building Safety Act provides leaseholder protections from remediation costs
3. Developers may be liable for remediation costs under the developer remediation contracts and the Building Liability Order provisions

Practical Compliance Tips

1. Identify the Accountable Person
2. and PAP for every higher-risk building under your management
3. Start the building safety case process by gathering all available historical information
4. Commission a comprehensive fire risk assessment from a qualified fire risk assessor
5. If the building has an external wall system, commission an EWS1 assessment or detailed external wall survey
6. Establish a budget for ongoing building safety management, including regular inspections, maintenance, and information management
7. Communicate proactively with residents about building safety measures and their rights under the Act
8. Monitor BSR guidance updates; the regulatory regime continues to develop