building safety act 2022 an overview of the new legislation

The Building Safety Act (applicable to England and Wales) gained Royal Assent on 28th April 2022 and promises to fundamentally change how properties are designed, built and managed.

The Act is part of the response to the Grenfell Tower fire tragedy, which resulted in the loss of 72 lives and has been described as possibly the most significant new law to impact the construction sector in a generation.

At the heart of the change is the legal obligation for all individuals and organisations to be competent to ensure compliance with the Building Regulations in both design and construction.

The new Act provides for a number of very significant changes in construction practice and procedures, with an aim to encourage a new culture in construction which better accounts for the safety of occupiers and building users.

The Health and Safety Executive (HSE) will act as a new Building Safety Regulator (Building Control body for high-risk buildings), bringing checks and balances in line with already established protocols and best practices in other areas.

Tougher penalties will also be put in place for anyone who breaks the rules being put forward, in particular any building owner who does not ‘demonstrate that they have effective, proportionate measures in place to manage safety risks’.

The Act includes some direct new law, although some elements of the statute will require secondary legislation to be introduced over an 18-month period.

Timeline from the Health and Safety Executive:

April 2023

Registration for existing occupied High-rise Residential Buildings (HRB) opens

October 2023

Registration deadline for existing occupied buildings. From now on all new buildings must be registered before being occupied.

Building inspector and building control approver registers open

BSR becomes the new building control authority for High-rise Residential Buildings

From 1st October 2023

Developers must apply to BSR for building control approval before commencing work on any HRB

April 2024

BSR starts to call in buildings for assessment and issue Building Assessment Certificates.

Requirements related to registration for building inspectors and building control approvers become enforceable.

The Building Safety Act 2022 will focus on the following key areas:

The safety and standards of all buildings.

Assuring the safety of higher-risk buildings, both in construction and occupation.

Improving the competence of the people responsible for overseeing, managing, and delivering works to higher-risk buildings.

Ensuring clearer standards and guidance.

Putting residents at the heart of a new system of building safety.

Who does the Building Safety Act 2022 apply to?

The requirements set out in the Building Safety Act 2022 will affect building owners/managers and the built environment industry. This includes those who commission building work and who participate in the design and construction process, including clients, designers, and contractors.

The act applies to new or existing occupied buildings over 18 metres high or seven storeys or more, which contain at least two residential units. The design, refurbishment and construction requirements also apply to care homes and hospitals meeting the same height threshold.

Through both our Lifespan Software and our Professional Services teams, we can assist your organisations in reporting on your buildings’ safety measures and compliance and provide reporting evidence on the actions that have been taken to comply with The Building Safety Act. For more information on how we can help, please get in touch - contact us