The Building Safety Act 2022 — What It Means for Your Building
Background: Why the Act Was Introduced
The Building Safety Act 2022 is the most significant piece of building safety legislation in a generation. It was introduced in direct response to the Grenfell Tower fire in June 2017 and the subsequent Hackitt Review, which identified fundamental failings in the way buildings were designed, constructed and managed throughout the UK.
The Act received Royal Assent in April 2022 and its provisions have been coming into force in stages since then. Its core purpose is to fundamentally overhaul how safety is managed across the lifecycle of higher-risk buildings — from design and construction through to occupation and ongoing management.
What Is a Higher-Risk Building?
The Act introduces the concept of a "higher-risk building" — defined as a building that is at least 18 metres in height (or 7 storeys) and contains at least two residential units. These buildings are now subject to a significantly enhanced regulatory regime, including mandatory registration with the Building Safety Regulator.
It is important to note that the Act's provisions relating to fire safety apply more broadly than just higher-risk buildings. The Act also amends the Fire Safety Act 2021 and the Regulatory Reform (Fire Safety) Order 2005, extending fire safety obligations to a wider range of premises and responsible persons.
Key Obligations for Building Owners and Managers
Registration of Higher-Risk Buildings
All occupied higher-risk buildings must be registered with the Building Safety Regulator. Failure to register is a criminal offence.
Accountable Person and Principal Accountable Person
The Act introduces new duty-holder roles. The 'accountable person' is responsible for fire and structural safety in the building. Where there are multiple accountable persons, a 'principal accountable person' must be identified.
Building Safety Case
Higher-risk buildings must have a safety case — a documented assessment of the risks to the building and how those risks are being managed. This must be kept up to date and made available to the Building Safety Regulator on request.
Resident Engagement
The Act introduces new requirements for engaging with residents on building safety matters and providing them with access to safety information relevant to their building.
Building Safety Charges
The Act provides a mechanism for recovering the costs of remediation and safety improvements from leaseholders in certain circumstances — though these provisions are complex and subject to significant ongoing legal interpretation.
Implications for Fire Alarm Systems
The Building Safety Act has direct implications for fire alarm systems in higher-risk buildings. The requirement to maintain an up-to-date safety case means that the fire alarm system — its specification, maintenance records and any changes made since installation — must be documented and evidenced.
For buildings where waking watch is currently in place, the Act increases the urgency of installing a compliant interim alarm system. A building that is relying on waking watch as its primary fire detection measure has a significantly less defensible safety case than one with an automated, certified wireless fire alarm system.
The Act also reinforces the importance of working with BAFE-certificated contractors for all fire alarm installation and maintenance work. BAFE certification provides documented, third-party assurance that the work has been carried out by a competent company to the required standard — which is exactly the kind of evidence the Building Safety Regulator expects to see in a building safety case.
Need Help Navigating Your Compliance Obligations?
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