Building Safety Act 2022 – Explainer

30 October 2023 | Written by Beverley Kloos

Innovus Insights

The Building Safety Act 2022 introduced a set of new roles and responsibilities for people who are responsible for occupied, high-rise buildings. Here, we answer some commonly asked questions.

What is the Building Safety Act 2022?

The Act aims to improve the safety of high-rise residential buildings to protect the lives and wellbeing of people who live and work in them. Within the Act are provisions designed to improve fire and structural safety by establishing clear responsibilities for building owners and managers. They ensure all necessary safety measures are in place and allow the Building Safety Regulator (the BSR) to enforce compliance.

What does the Building Safety Regulator do?

The Regulator in England oversees the safety of high-rise residential buildings and has a range of powers, including acting against building owners who fail to comply with safety regulations. It ensures that buildings are safe from fire and other hazards, including the use of combustible materials in building construction.

What is a “relevant defect?”

A ‘relevant defect’ is defined for the purpose of leasehold protections, meaning the costs of remediating the defect are covered by statutory protections.

To be correctly defined, the defect must meet multiple criteria including putting people’s safety at risk from the spread of fire or structural collapse.

If you are unsure if your building has a defined ‘relevant defect’, we will analyse any known defects to determine if they are ‘relevant’ under the Building Safety Act and / or identify the most appropriate funding route.

What does Building Registration entail and is there a deadline?

Buildings are to be registered by the Principal Accountable Person, to the Regulator (HSE).

The deadline to register buildings over 18m or 7 storeys in height was the 1st of October 2023. Registration also includes ‘Key Building Information’ which is often referred to as phase two of registration. This requires a lot more detailed information on the structure and history of the building.

If you have not yet registered a building that you are (or think you could be) Principal Accountable Person for, contact us now and we can help.

What are Building Safety Case and Reports?

From April 2024, building safety cases and reports for occupied high-rise buildings must be prepared and submitted to the Regulator. These reports will contain detailed and often complex information, which all needs to be accurate. Our experts will produce the Safety Case Report for your building and ensure the correct supporting documentation is included to meet this legislation. 

What are the building safety rules for Wales?

The Building Safety Act 2022 applies in England only, so some of the obligations do not apply. However, if you live in Wales, there are still options available for remediation if your building has a relevant defect.

In addition to funding options, the Welsh Government has also committed to funding an intrusive survey on all 18m+ or seven storey buildings, to help ascertain the presence of a relevant defect and a potential remediation option.

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