Navigating the Building Safety Act: a guide to compliance and risk management

The Building Safety Act, which received Royal Assent on April 28, 2022, marks a significant shift in the residential property sector, particularly for those involved with higher-risk buildings.

This landmark legislation was born out of the tragic events at Grenfell Tower and aims to overhaul the building safety system. With the introduction of stringent regulations and enforcement measures, the Act represents one of the most transformative changes in recent history for the industry.

Compliance: what property owners need to know

The Act affects every phase of the building process, from planning and design to construction and ongoing management. Whether you’re a developer, contractor, or property owner, you will likely face new obligations under this law. However, these obligations differ based on your role, with specific responsibilities assigned to the ‘Accountable Person’ or ‘Principal Accountable Person’ for each building.

Given the Act’s recent introduction, there is limited market precedent to guide property professionals in navigating these obligations. As enforcement by the new Building Safety Regulator is still in its infancy, understanding your responsibilities is crucial. For owners of existing higher-risk buildings, one of the most immediate tasks was ensuring registration on the Building Safety Register by the Principal Accountable Person, with the deadline set for October 2023. Registration must occur before residents occupy the building for new constructions.

Implications for higher-risk buildings

The Act primarily targets higher-risk buildings, defined as those standing at least 18 metres tall, or with a minimum of seven storeys, and containing at least two residential units. The legislation introduces robust protections for qualifying leaseholders, shielding them from the financial burden of rectifying historical building safety defects. Additionally, it empowers residents by giving them a greater voice in the safety management of their buildings. Residents can now raise safety concerns directly with their building’s Accountable Persons or Principal Accountable Persons.

The Act also brings about a stricter regulatory environment through the introduction of “Gateways” and a new Building Safety Regulator. These measures ensure that both the construction and ongoing maintenance of higher-risk buildings meet rigorous safety standards. The requirement to maintain a “golden thread” of data throughout the building’s lifecycle ensures that all relevant safety information is preserved and accessible.

Taking action: your next steps

For those working within the residential property sector, the Building Safety Act may seem daunting due to its comprehensive scope and complexity.

However, early action is critical to ensure compliance and mitigate the risk of severe penalties. Engaging with legal experts who specialise in building safety is highly recommended. They can help you navigate the new regulations, identify your specific obligations, and implement the necessary measures to avoid enforcement actions.

In summary, while the Building Safety Act introduces a challenging new landscape for the property industry, proactive steps taken today will ensure that your buildings meet the required standards and that you are fully compliant with this transformative legislation.

This article was first published in Property Reporter in September 2024