Buildings Safety Act – an overview

The Buildings Safety Act 2022 was introduced to improve the standard of buildings, ensure that construction materials are fit for purpose and secure the safety of people living in buildings.

The Act was introduced following safety concerns expressed for occupants of high-rise buildings following the Grenfell Tower disaster in 2017. The aim of the legislation is to improve the design, construction and management of higher-risk buildings. The Act came into force on 1 April 2023.

What are the key areas of the Act?

The Act represents significant reform to building safety regulations in England and Wales. The aim is to improve standards and accountability in the construction industry. There is also a strong focus on high-rise buildings. The Act also introduces significant legal and financial implications which include fines and imprisonment in the case of extreme breaches of the legislation.

Here are some of the key areas covered:

New Regulatory Bodies: three new regulatory bodies have been established – the Buildings Safety Regulator, the National Regulator of Construction Products and the New Homes Ombudsman. These will oversee the safety and performance of buildings and address complaints about newly built homes.

Clear Accountability: Building and Construction companies, including principal designers and contractors, have clear responsibilities during the design, construction and completion stages of all buildings. All safety risks must be effectively managed otherwise criminal proceedings could ensue.

Building Owners Responsibilities: these are required to demonstrate that effective and proportionate measures are in place to manage building safety risks, especially in high-rise buildings. As a building owner, you must pay or contribute towards the cost of fixing any safety issues in the building.

New Protections for Leaseholders: importantly, some building owners and not just the leaseholders, are partly responsible for the cost of remediating historical building safety defects. This includes the removal or remediation of cladding.

Resident Engagement: residents in high-rise buildings now have a greater say in the safety of their building. This means if you manage residential properties, you must take account of residents’ concerns and deal with them effectively.

Construction Projects: this impacts on the construction supply chain to ensure the safety of construction products for their intended use. All manufacturers of these products must adhere to the new regulations.

Developer tax and levy: a new tax and levy has been introduced on some developers. The purpose is to ensure developers contribute to the cost of rectifying building safety failures.

What should you be aware of if you are buying or selling a property?

If you are buying or selling property, there are certain aspects of the Act of which you should be aware.

Building Safety Certificate: Higher-risk buildings now require a Building Assessment Certificate issued by the Building Safety Regulator. As a buyer, ensure the seller provides this certificate to confirm the building complies with safety requirements.

Fire Safety and Cladding: If the property is in a building with cladding, check if remediation work has been completed or is planned. The Fire Safety (England) Regulations 2022, introduced alongside the Act, impose specific obligations on building owners or managers for fire risk assessments and evacuation plans.

Responsibility for Costs: The Act limits who can be charged for remediation of historical defects, partly focusing on developers and building owners. However, leaseholders may still bear costs. Buyers should ask for a breakdown of any service charges related to ongoing or completed safety works.

Building Management and Ongoing Compliance: Ask about the building’s Accountable Person, a role required under the Building Safety Act 2022 to manage safety risks. Check for ongoing maintenance obligations that could result in increased service charges.

Impact on Property Value and Marketability: Properties in non-compliant or unsafe buildings may have reduced marketability or mortgageability. Buyers should confirm whether lenders are willing to provide mortgages on the property and check for insurance coverage.

Compliance is the focus of this new legislation

It is essential to comply with all elements of the Act from the design through to the delivery stage and beyond, for all new buildings. Taking account of residents’ concerns is essential to avoid sanctions. Finally, this legislation has teeth, and that means failure to observe this legislation can lead to fines and imprisonment.