Understanding the Building Safety Act 2022

The Most Significant Reform to Building Safety in a Generation

The Building Safety Act 2022 is the most significant piece of building safety legislation in the United Kingdom since the Building Act 1984. It was introduced in direct response to the Grenfell Tower fire of June 2017 and the subsequent Hackitt Review, which concluded that the existing regulatory system for building safety was not fit for purpose.

The Act creates a new, more stringent regulatory regime for higher-risk buildings — those over 18 metres in height or more than seven storeys, containing at least two residential units. It establishes the Building Safety Regulator as the national competent authority for building safety and introduces new duties and obligations for those who design, build, manage and own such buildings.

What Is a Higher-Risk Building?

Under the Building Safety Act 2022, a higher-risk building is defined during the design and construction phase as a building that is at least 18 metres in height or has at least seven storeys, and contains at least two residential units. During occupation, the definition is slightly different — the height and storey thresholds apply, but the occupancy criterion is at least two dwellings.

The 18-metre threshold reflects the height at which the fire and rescue service's standard aerial appliances can effectively operate. Buildings above this threshold present significantly greater fire safety challenges for both occupants and firefighters.

The Building Safety Regulator

The Building Safety Regulator (BSR) is a new national regulator established by the Act and hosted within the Health and Safety Executive. It has three main functions: overseeing the safety and performance of all buildings; directly regulating higher-risk buildings; and assisting and encouraging competence in the building safety sector.

For higher-risk buildings, the BSR is the building control authority — replacing local authority building control and approved inspectors for this class of building. All building control applications for higher-risk buildings during design and construction must be made to the BSR.

The Three-Stage Gateway Process

The Act introduces a mandatory three-stage gateway process for higher-risk buildings during design and construction. Each gateway is a regulatory checkpoint that must be passed before proceeding to the next stage:

• Gateway 1 (Planning) — fire safety considerations must be addressed as part of the planning application. A fire statement must be submitted demonstrating that fire safety has been considered, that the development can be built in a way that is consistent with the requirements of Part B of the Building Regulations, and that appropriate fire service vehicle access can be achieved.
• Gateway 2 (Pre-construction) — full fire safety documentation must be submitted to and approved by the BSR before construction can commence. This includes a detailed fire strategy, structural fire protection specification, and a construction control plan. The BSR has a statutory period to assess the application. Construction cannot begin until Gateway 2 is passed.
• Gateway 3 (Completion) — the developer must submit as-built information to the BSR and receive a completion certificate before the building can be occupied. The information submitted must form the foundation of the golden thread of building information.

The Golden Thread of Information

The Act introduces the concept of a golden thread of building information — a digital record of key information about a higher-risk building that is maintained and updated throughout the building's lifetime. The golden thread must be established at Gateway 2, updated at Gateway 3 to reflect as-built conditions, and maintained by the accountable person throughout the building's occupation.

Accountable Persons and the Principal Accountable Person

During occupation, every higher-risk building must have one or more accountable persons — those who hold a legal interest in, or are responsible for, the repair and maintenance of the building's common parts. Where there is more than one accountable person, one must be designated the principal accountable person (PAP).

The PAP has the highest level of statutory responsibility under the Act. They must register the building with the BSR, produce and maintain a building safety case, obtain a building assessment certificate, and establish a residents' engagement strategy.