The Most Significant Reform in a Generation

The Building Safety Act 2022, which received Royal Assent on 28 April 2022, is the most far-reaching reform to building regulation and building safety management in England since the Building Act 1984. It was introduced following the Grenfell Tower fire and the subsequent Hackitt Review, which identified systemic failures in the regulatory system for high-rise residential buildings.

What the Building Safety Act Does

The Act introduces a comprehensive new regime for building safety that operates at two levels: a new gateway-based approval process for higher-risk buildings during design and construction, and new ongoing management duties for occupied higher-risk buildings. It also strengthens building regulations more broadly and extends the liability period for certain building safety defects.

Higher-Risk Buildings

The Act's most significant provisions apply to higher-risk buildings — defined as residential buildings in England that are at least 18 metres tall or have at least 7 storeys, and contain at least 2 residential units. These buildings are subject to the three-gateway regime managed by the Building Safety Regulator.

The Three Gateways

• Gateway 1 (Planning): A fire statement must be submitted with the planning application. This confirms fire safety has been considered from the outset of design
• Gateway 2 (Pre-Construction): The Building Safety Regulator must approve the building's design before a building control certificate is issued and construction begins
• Gateway 3 (Completion): The BSR must confirm the building is safe before it can be occupied. This is the most complex and demanding gateway

New Dutyholder Roles

The Act introduces new statutory roles for those involved in the design and construction of higher-risk buildings: clients, principal designers and principal contractors all have new competence and oversight duties. Fire engineers appointed to higher-risk building projects must meet the competence requirements for their role.

Accountable Persons and the Building Safety Case

For occupied higher-risk buildings, the Act creates the roles of accountable person (AP) and principal accountable person (PAP). APs must register the building with the BSR, produce a building safety case report, appoint a building safety manager and comply with ongoing reporting and management obligations.