What is the new Building Safety Act?

🏡 Building Safety Act 2022 (BSA) – Overview

• The Building Safety Act received Royal Assent on 28 April 2022, with a phased rollout of its provisions. Most of its core regulations for higher-risk residential buildings (18 metres or 7 storeys and above) came into full effect by April 2024.
• The Act builds upon existing legislation and introduces new legal duties for those involved in the design, construction, management, and occupation of multi-occupancy residential buildings.

🏛️ New Regulatory Bodies

1. Building Safety Regulator (BSR)
   • Operated by the Health and Safety Executive (HSE), the BSR oversees compliance for high-rise residential buildings.
   • It enforces the new regulatory regime, including safety inspections, Gateway approvals, and the “Golden Thread” of building information.
   • The BSR holds powers to issue compliance notices, stop notices, and fines.
2. National Regulator for Construction Products
   • Responsible for ensuring that construction materials used in UK buildings meet safety and performance standards.
   • Has the power to investigate unsafe products and remove them from the market.
3. New Homes Ombudsman
   • Created to offer recourse for buyers of new-build homes who experience poor-quality construction or service.
   • Developers are required to register and comply with a formal code of practice.

👥 Benefits for Leaseholders

• No costs for cladding remediation: Leaseholders in affected buildings (generally over 11 metres) cannot be charged for removing or replacing unsafe cladding.
• 15-year claims period: The Act extends the legal window for leaseholders to claim compensation for poor building work from 6 years to 15.
• Resident involvement: Occupants of high-rise buildings have a formal right to raise safety concerns, and those responsible for the building must engage with residents and act on those concerns.
• Responsibility for internal works: Leaseholders must ensure alterations to their homes (e.g., changes to fire doors) do not compromise safety. If they do, they may be liable for correction during building safety inspections.

🏗️ Impact on the Construction Industry

• The Act introduces “gateway points” for new developments:
  • Gateway 1: Planning application stage.
  • Gateway 2: Pre-construction approval by the Building Safety Regulator.
  • Gateway 3: Completion and final safety review before occupation.
• Developers must obtain a completion certificate (habitation certificate) confirming safety compliance before any units can be legally occupied.
• The Act mandates that all building projects maintain a Golden Thread of Information — a comprehensive, secure digital record of a building’s design, construction, and maintenance data.

💰 Building Safety Levy

• The Act introduces a Building Safety Levy on new residential developments in England.
• The levy aims to raise £3.4 billion over 10 years to fund the remediation of unsafe buildings.
• It will apply to most residential developments, with certain exemptions (e.g., affordable housing, care homes, and small sites).
• The levy is due to launch in autumn 2025.

📌 In Summary

• The BSA is a major reform of building safety legislation in England.
• It offers stronger protections for residents and leaseholders, while placing legal accountability on developers, contractors, and building owners.
• Compliance is now a legal obligation, not just best practice, and failure to meet requirements may lead to serious financial and legal consequences.