Legal Update – Building Safety

The Building Safety Act 2022 (BSA), represents a significant overhaul of building safety regulations in the UK, particularly in response to the Grenfell Tower fire disaster in 2017, which highlighted major issues relating to the general safety of high rise residential buildings in the UK.

This significant piece of legislation was introduced to ensure that the safety of buildings, especially those over 18m in height, is prioritised across their lifecycle, from the design and construction through to occupation and management.

We highlight below some of the key provisions introduced by the BSA:

1. Establishment of the Building Safety Regulator (BSR): One of the most crucial components is the creation of the Building Safety Regulator, which is tasked with overseeing the safety of buildings in the highest risk categories, including all high rise residential buildings. The BSR is empowered to enforce compliance with safety standards, investigate failures, and take enforcement action against those who neglect their responsibilities.
2. Dutyholder System: A new dutyholder regime has been introduced, requiring individuals involved in the design, construction, and management of high risk buildings to take on specific safety responsibilities. This includes a new statutory duty on the ‘Accountable Person’. Often it is the building owner or management company who must ensure compliance with the safety regulations throughout the building's lifecycle.
3. Resident Safety: The BSA emphasises the protection of residents by giving them more rights to raise safety concerns. Building owners and managers must ensure that tenants and residents are informed about safety matters and have the opportunity to report any issues.
4. Fire Safety and Risk Management: The BSA strengthens fire safety regulations, especially those concerning fire doors, cladding systems, and evacuation procedures. It also mandates the creation of fire and emergency plans for buildings that meet specific criteria.
5. Cladding and Remediation: Following the Grenfell tragedy, the BSA mandates the remediation of unsafe cladding systems on buildings over 18m. This is aimed at addressing the widespread use of unsafe materials, in both new and existing buildings.

 Recent Developments and Amendments

Since the BSA was introduced in 2022, there have been several significant developments and clarifications to the BSA. For example, there has been an extension to government funding for the remediation of unsafe cladding, particularly for leaseholders in high rise buildings. The BSA also introduces a new system of charges to cover the costs of building safety management. This could impact building owners and leaseholders, as building safety costs are now likely to be passed on to tenants and residents via their leases.

A new more stringent building control regime came into force on 1 October 2023 to govern the design and construction of higher risk buildings overseen by the BSR. On the same date, new dutyholder and competence requirements also came into force. These apply to not just high rise buildings but to all buildings, i.e. any project that requires building regulations approval.

6^th April 2024 was a key date for the BSA, with various deadlines and transitional periods coming to an end. Among the changes are the transfer of the functions of approved inspectors to registered building control approvers (RBCA) and a requirement that those that carry out building control work must be registered to operate as an RBCA.

Ongoing Challenges

There are still ongoing concerns regarding the affordability and accessibility of remediation for leaseholders. Additionally, some industry professionals have raised concerns about the feasibility of compliance, especially for smaller developers or owners of older buildings, where retrofitting safety measures can be costly and complex.

In conclusion, the BSA marks a crucial step forward in improving building safety standards in the UK. While progress has been made in strengthening regulations, addressing challenges such as cladding remediation and financial burdens on owners and tenants remains a major concern.

As the BSA continues to be refined, ongoing dialogue between regulators, industry stakeholders, and residents will be essential in ensuring that the goals of the BSA  are fully met and that building safety is maintained as a top priority.

For further details and any advice which you may need, please contact a member of our specialist commercial property team on 020 8949 9500 or email Tanuja Sellahewa tsellahewa@pearsonhards.co.uk