A building safety case report is the key document demonstrating a higher-risk building is safe to occupy. Here's what it contains and who produces it.
8 April 20254 min readFire Safety Services
The Building Safety Case: A New Requirement for Higher-Risk Buildings
A building safety case report is the key document through which the accountable person of a higher-risk building demonstrates to the Building Safety Regulator that the building is safe to occupy. It is a requirement of the Building Safety Act 2022 and applies to all occupied higher-risk buildings — those over 18 metres in height or more than seven storeys, containing at least two residential units.
The building safety case is not a one-off exercise. It is a living document that must be maintained and updated throughout the building's occupation, reviewed regularly, and submitted to the BSR as required.
What Does a Building Safety Case Report Contain?
A building safety case report must demonstrate that the risks to the safety of people in or about the building are being adequately managed. It typically contains:
Building description — height, number of storeys, number of units, construction type, date of construction
Fire safety information — the fire strategy (or retrospective fire strategy if no original document exists), details of compartmentation, means of escape, fire detection and suppression systems, smoke control, and firefighting facilities
Structural safety information — details of the structural system and structural fire protection
External wall information — details of external wall materials, including any FRAEW or PAS 9980 assessment
Evidence of ongoing management — fire risk assessment, maintenance records, inspection records, and details of the residents' engagement strategy
Risk assessment — identification and assessment of the key safety risks, and the controls in place to manage them
Key requirement: Where no original fire strategy exists for the building, a retrospective fire strategy must be produced as part of the building safety case preparation. This is one of the most common requirements for buildings constructed before the Building Safety Act.
Who Prepares a Building Safety Case?
The accountable person — or the principal accountable person where there are multiple accountable persons — is responsible for preparing and maintaining the building safety case. In practice, this work is usually commissioned from specialist consultants including chartered fire engineers, structural engineers and building safety consultants.
For the fire safety elements of a building safety case, a chartered fire engineer should lead the work. Fire Safety Services provides building safety case support services including retrospective fire strategy reports, PAS 9980 FRAEWs, and fire safety case documentation for higher-risk residential buildings across London and the UK.
The Building Assessment Certificate
Once a building safety case has been submitted to the BSR, the regulator will assess it and, if satisfied, issue a building assessment certificate. The certificate confirms that the building has been assessed and that the accountable person has demonstrated the building is safe to occupy.
The BSR can also require a building safety case to be submitted for assessment without a formal application — for example, where concerns have been raised about a building's safety. The accountable person must comply with such a direction within the specified timescale.
When Must a Building Safety Case Be Prepared?
The duty to prepare a building safety case applies to all occupied higher-risk buildings. The key deadlines and triggers are:
All higher-risk buildings were required to register with the BSR by 1 April 2024
Building safety case reports must be submitted to the BSR when requested, or as part of the building assessment certificate application process
The building safety case must be reviewed whenever there is a significant change to the building or its management arrangements
For new higher-risk buildings, the building safety case is established at Gateway 2 and updated at Gateway 3 to reflect as-built conditions
Frequently Asked Questions
What is the difference between a building safety case and a fire risk assessment?
A fire risk assessment is a statutory requirement under the RRO 2005 for occupied buildings and focuses on operational fire safety management. A building safety case is a broader document required under the Building Safety Act 2022 that demonstrates the building is structurally safe and fire safe, and that risks are being managed. A fire risk assessment forms part of the building safety case evidence.
Does every residential building need a building safety case?
No — only higher-risk buildings (over 18 metres or seven storeys with at least two residential units) are required to have a building safety case under the Building Safety Act 2022. Other residential buildings continue to be regulated under existing building safety legislation.
What happens if an accountable person fails to maintain a building safety case?
Failure to maintain a building safety case is a criminal offence under the Building Safety Act 2022. The accountable person can face unlimited fines and, in serious cases, imprisonment.
Can residents access the building safety case?
Residents have a right to certain information about their building under the Building Safety Act 2022. While the full building safety case report is not publicly accessible, residents can request information about the safety of their building through the residents' engagement strategy.
How often does a building safety case need to be reviewed?
The building safety case must be reviewed whenever there is a significant change to the building, its use, or its management arrangements, and at least whenever required by the BSR. In practice, annual review is recommended as part of the accountable person's ongoing duties.
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