The Building Safety Act 2022 (BSA) is a major piece of UK legislation introduced to improve fire and structural safety in high-rise residential buildings, following the Grenfell Tower disaster (2017). It applies primarily to England, with some provisions extending to Wales and Scotland.

Key Objectives of the Building Safety Act 2022

1. Stronger Oversight of High-Risk Buildings

• Focuses on residential buildings over 18 metres (or 7+ storeys).
• Establishes a new regulator (the Building Safety Regulator, BSR) under the Health and Safety Executive (HSE).

2. Accountability and Duty Holders

• Introduces '"Accountable Persons' (APs) and 'Principal Accountable Persons' (PAPs) responsible for building safety.
• Requires a 'Golden Thread' of digital building information to ensure safety throughout the lifecycle of fire safety.

3. New Safety Regime for High-Rise Buildings

• Mandatory registration of high-risk buildings with the BSR.
• Safety Case Reports must demonstrate ongoing risk management.
• Stricter controls on construction and refurbishment (Gateway Points system).

4. Resident Engagement and Rights

• Residents must be consulted on safety decisions.
• A complaints mechanism is established for disputes.
• Protections against unfair service charge costs for remediation.

5. Extended Liability and Legal Consequences

• Extended limitation period for defects claims (up to 30 years retrospectively).
• New Building Liability Order can hold associated companies liable.
• Corporate manslaughter and individual prosecution risks for serious breaches.

6. Cladding and Remediation Costs

• Developers can be forced to pay for unsafe cladding removal.
• Building Safety Levy on new residential developments to fund safety improvements.

How It Works with the Fire Safety Order (FSO 2005)

The Fire Safety Act 2021 (amending the FSO) clarified that external walls, balconies, and flat entrance doors must be included in fire risk assessments.

The BSA 2022 goes further by enforcing ongoing safety management for high-rises, whereas the FSO applies to all non-domestic and communal residential areas.

Who Does It Affect?

• Building owners and landlords (especially of high-rises).
• Developers, architects and contractors.
• Managing agents and facility managers.
• Residents (who now have stronger rights).

Penalties for Non-Compliance

• Unlimited fines for companies.
• Imprisonment for individuals in serious cases.
• Building prohibition orders if deemed unsafe.

Later Updates

• The Mandatory registration deadline for existing high-risk buildings was April 2023.
• New competence requirements for building inspectors and contractors.
• Leaseholder protections against cladding costs now in force.

What Should You Do?

• Check if your building falls under the BSA’s high-risk category.
• Ensure Accountable Persons are identified and compliance systems (e.g., Golden Thread) are in place.
• Review fire risk assessments to include external walls and structure.
• Seek specialist advice if managing a high-rise residential building.