The Building Safety Act 2022 Explained

Introduced to parliament in July 2021 as a direct response to the 2017 Grenfell Tower fire tragedy, the Building Safety Act (BSA) 2022 gained Royal Assent and became formal law on the 28th of April 2022.  

The BSA 2022 represents the most substantial overhaul of building safety regulations in England in recent history and has forced a shift in priorities and duties for those working in facility management, with compliance being at the forefront.  

At SFG20, the UK industry standard for building maintenance specification, we’ve been putting safety and compliance first for over three decades. So, if you’re looking for an article that clearly defines the BSA 2022 and summarises the requirements, you’re in the best hands. 

 

Why Was The Building Safety Act 2022 Introduced?  

The purpose of the Building Safety Act 2022 is to:

Improve building and fire safety (especially for higher-risk residential buildings) and establish clearer standards, responsibilities and accountability for building safety throughout a building's lifecycle from design and construction to occupation. 

The Grenfell incident highlighted glaring deficiencies in Building and Fire Safety regulations, as well as underlying cultural issues within the construction industry where cost-saving often took precedence over quality standards. 

The lack of standards had cost lives - the Building Safety Act 2022 aims to prevent a tragedy like Grenfell from happening again. 

What Is The Definition Of A Higher-Risk Building? 

A Higher-Risk Building in England is any building that:  

• Is at least 18 metres in height or has at least 7 storeys, and   

• Contains at least 2 residential units  

When Is An Existing Building Classed As Higher Risk During Building Work?  

To be considered a higher-risk building during building work in an existing building, a building must meet certain criteria alongside the height/storeys threshold.  

Regulation 2 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 sets out the buildings which are included in the design and construction part of the higher-risk regime.

The following descriptions are specified for the purposes of section 120D(2)(b) of the 1984 Act: 

• (a) a building which contains at least two residential units; 

• (b) a care home; 

• (c) a hospital. 

Where a building meets the height or storeys threshold and contains at least two residential units, is or contains a hospital or a care home, then it is considered a higher-risk building during building work.  

This applies unless the entire building is used as a secure residential institution, hotel, or military barracks, or if the building contains any living accommodation provided by the Ministry of Defence for military personnel - these buildings are all explicitly excluded.  

How To Determine If A Building Is Higher Risk During The Occupation Phase 

The Building Safety Act 2022 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 use certain criteria to determine a building's use.  

Section 65 of the Building Safety Act 2022 indicates which buildings are included in the occupation part of the higher-risk regime. 

Firstly, buildings in England must be at least: 

• 18 metres in height or has at least 7 storeys, and   

• Contain at least 2 residential units  

However, there are also exclusions. Regulation 8 sets out which buildings are excluded from the occupation part of the higher-risk regime. These are:  

(a) a building that comprises entirely of— 

(i) a care home; 

(ii) a hospital; 

(iii) a secure residential institution; 

(iv) a hotel; 

(v) military barracks; 

(b) a building that contains living accommodation provided by the Ministry of Defence (either alone or in combination with other accommodation); 

(c) a building that contains living accommodation (either alone or in combination with other accommodation) for— 

(i) His Majesty’s forces; 

(ii) any visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964. 

Who Does The Building Safety Act 2022 Apply To? 

The Building Safety Act 2022 impacts all individuals and businesses involved in construction and building engineering services, including: 

• Property owners and managers 

• Building Control Professionals

• Surveyors  

• Project Managers  

• Individuals and organisations commissioning construction projects

• Participants in the design and building process, such as clients, architects and designers as well as construction contractors and subcontractors 

The Building Safety Act 2022: Summary Of Key Requirements 

The BSA 2022 has introduced a more stringent regulatory framework for higher-risk buildings (generally residential buildings over 18m or 7 storeys tall with two residential units), focusing on the below key areas: 

1. Two new roles and responsibilities, including: 
   
   The "Accountable Person (AP)": an organisation or individual who owns or has responsibility for the building and its common parts. They are legally responsible for assessing and managing fire and structural safety risks. In buildings with multiple APs, a Principal Accountable Person (PAP) is responsible.  
    
   The Building Safety Regulator (BSR): this new regulatory body was established as part of the Health and Safety Executive to oversee the safety of all buildings and implement the new regulatory framework for higher-risk buildings. The BSR was set up under the BSA 2022 to regulate higher-risk buildings, raise safety standards and help professionals improve competency.
   
   
2. A requirement for a "Golden Thread" of information to demonstrate a building’s compliance through its lifecycle from design through to operation and maintenance. This should be held in a secure, digital format that can be accessed readily by those who need it e.g., building managers, architects, contractors etc. Furthermore, information from the Golden Thread must also be shared by the Accountable Person with other relevant people, including residents and emergency responders.
   
   
3. The requirement for building owners to register their buildings with the Building Safety Regulator. 
   
   
4. A new regulatory framework for the design, construction and occupation of higher-risk buildings, including a "gateway" system to assess whether risks, roles and responsibilities are understood at key stages of building construction. 

The New Dutyholder Regime Under The building Safety Act 2022

The BSA 2022’s building safety “dutyholder” regime came into force on the 1st of October 2023, imposing legal responsibilities on anyone who commissions a construction project or is involved with its design and construction. 

The Act introduced several key roles which have their own obligations and responsibilities:  These apply to ALL buildings: 

Client: any individual or organisation that commissions the building work. 

Principal Designer: any individual or organisation in control of the design work.  

Designer: any individual who carries out the design work. If there is more than one designer on a project, the client must appoint a Principal Designer in writing.  

Principal Contractor: any individual or organisation in control of the construction or refurbishment work.  

Contractor: An individual who carries out the construction or refurbishment work. If there is more than one contractor on a project, the client must appoint a Principal Contractor in writing. 

Dutyholders are responsible for ensuring safety and building regulation compliance throughout the entire lifecycle of the design and build process. They must: 

• Ensure compliance with Building Regulations, Fire Safety Standards, Construction Products Regulations etc. 

• Be competent in the work they do and ensure their supply chain is competent. 
• To co-operate, coordinate and communicate with all project stakeholders. Where this involves changes to specification, additional work or identified risks, this should be done in writing to evidence your approach. 
• To manage, monitor and control the works they are responsible for carrying out 
  

Are Facility Managers Considered Dutyholders Under The Building Safety Act 2022? 

While Facility Managers may not be the dutyholders, in certain cases they will often be the ones that support the dutyholders with meeting their requirements, including collecting and maintaining relevant information towards evidencing the Golden Thread and the safety case report.   

Any new works commissioned by Facility Managers that fall under building regulations will be subject to the new requirements of the BSA 2022. In all cases, Facility Managers have a legal duty to remain competent and compliant.   

Understanding Your Responsibilities To Ensure Compliance And Competence  

Source: Building Engineering Services Association (BESA) 

Everyone who has a stake in a project has a duty to make sure the work complies with Building Regulations or any current regulations, standards or specifications that are required.  

The Building Regulator has made it clear that established industry standards will be the benchmark by which compliance will be measured.  

So, if your work requires Building Regulation notifications, make sure this is reported, recorded and evidenced. In all cases, maintenance regimes should all be recorded, reported and evidenced. 

The new regime also places a significant focus on competence  

For individuals, this means evidencing skills, knowledge, and experience and behaviours.  

You must be able to demonstrate you are competent to carry out your duties and undertake the work you are tasked to do. This includes: 

• Completing formal training 

• Co-operating with others working on the project 

• Refusing to carry out work that is beyond your competence 

• Ensuring work complies with current legislation, and refusing to carry out non-compliant work 

• Asking for assistance from others when necessary 

• Providing a portfolio of work detailing relevant experience and knowledge 
  

For organisations, you need to demonstrate you have the organisational capability, experience and knowledge to carry out contractual duties and undertake the work.  

This means having policies, procedures, systems and resources in place to make sure those employed comply with all relevant regulations and includes how you manage the competence of those you employ and your organisation’s capability for monitoring and oversight. 

10 Considerations for Facility Managers on the Building Safety Act 2022 

1. Compliance: Ensuring that all facilities maintenance tasks under your management comply with current and relevant regulations. 
   
   
2. Risk Assessment: Conducting regular risk assessments of the buildings to identify potential hazards or safety concerns. 
   
   
3. Maintenance: Implementing and overseeing a robust maintenance program to address any issues identified during risk assessments or routine inspections. 
   
   
4. Record Keeping: Keeping detailed records of maintenance activities, inspections, and any remedial actions taken to address safety concerns. 
   
   
5. Liaison: Acting as a liaison between building occupants, owners, and regulatory authorities to ensure that all parties are informed and involved in building safety measures. 
   
   
6. Training and Awareness: Providing training and awareness programs for building occupants regarding safety protocols, emergency procedures, and risk mitigation measures.
   
   
7. Reporting: Reporting any significant safety concerns or incidents to relevant authorities as required by the Building Safety Act 2022.
   
   
8. Collaboration: Collaborating with architects, engineers, contractors, and other stakeholders to ensure that new construction, renovation or maintenance projects adhere to safety standards outlined in the Building Safety Act 2022. 
   
   
9. Emergency Preparedness: Developing and implementing emergency response plans to address potential threats such as fires, structural failures, or other emergencies. 
   
   
10. Continuous Improvement: Continuously evaluating and improving building safety measures to ensure compliance with evolving regulations and best practices. 

Don't Get Caught Out By The Building Safety Act 2022

The Building Safety Act 2022 has introduced major reforms that have impacted the entire lifecycle of a building, from design and construction to ongoing management and maintenance. 

It's time to put compliance in the spotlight - understanding your responsibilities under the Building Safety Act 2022 will ensure that your building remains safe and compliant.

That’s why SFG20 have produced an all-encompassing Building Safety Act 2022 checklist to help your further build on your knowledge and understanding. To download this free resource, simply click the button below.