Which Buildings Fall Under the Building Safety Act?

The Building Safety Act, introduced in 2022, made ground-breaking reforms to give residents and homeowners more rights and protections. The Act was brought in to make buildings across the country safer for residents. With this in mind, it’s important to know which buildings fall under the Building Safety Act, and what this means for your building.

Generally, the Building Safety Act covers all buildings. However, there are additional requirements for residential and high-risk buildings that are greater than 18 metres in height or more than 7 storeys tall, and that contain at least two residential units.

What Is the Building Safety Act?

The Building Safety Act (2022) is the major part of the building safety legislation that was introduced in the wake of the Grenfell Tower disaster in 2017. The Act specifies the need for information to be recorded about elements of development, such as the materials used and installation methods. This is known as a ‘golden thread’ of information.

Another crucial aspect of the Act is that a final review must be carried out by a Building Safety Regulator, who must also approve the occupation of the building. These regulators are part of the Health & Safety Executive.

Building Safety Regulators

The introduction of the Building Safety Act 2022 also brought about the new role of the Building Safety Regulator (BSR), with assigned responsibility for monitoring the development and maintenance of compliant properties.

The primary functions of the BSR include:

• Overseeing the safety and standards of all buildings

• Helping and encouraging the built environment industry and building control professionals to improve their competence

• Leading the implementation of the new regulatory framework for high-rise buildings.

Higher-Risk Buildings Regulations 2023

In 2023, further regulations were introduced in the Building Safety Act to add additional requirements for higher risk buildings. These regulations, known as the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations (2023), and were brought in to include hospitals, care homes and domestic properties with 2 or more residential units.

You can see if you need to register your high-rise building here

Who Does the Building Safety Act Affect?

The Building Safety Act affects everyone involved in the development, planning, and construction of a property. These people are all classed as duty holders with responsibility for reducing the risk of fire spread or structural failure.

As well as these duty holders, there will usually be an Accountable Person, or Principal Accountable Person if there are numerous people with the title. This person must demonstrate that they have taken all practicable measures to limit risks within buildings that come under the act.

The Accountable Person is also expected to:

• Register all new and existing buildings covered by the act with the Building Safety Regulator

• Conduct regular building safety assessments and maintain safety case reports as proof of compliance

• Prepare an engagement strategy to ensure that resident views are taken into account when making building safety discussions

• Develop a framework and process to ensure the reporting of mandatory and voluntary occurrences to the BSR

• Apply for and display a Building Assessment Certificate.

How to Ensure Your Building Meets the Building Safety Act

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