Key Compliance Requirements for the Building Safety Act 2022

Additional compliance requirements were introduced as part of the Building Safety Act 2022.

The regulatory framework comprises criteria emphasising accountability, maintenance, and oversight throughout the lifecycle of high-rise residential buildings.

The key areas of compliance outlined within the Act are:

Registration of Buildings

Each high-rise residential building must be registered with the Building Safety Regulator., Details about the building, its construction, and ongoing safety measures must be provided.

Building Safety Assessments

Building Assessment Reports

As the owner or the person(s) accountable for the building, you must ensure safety assessments are completed regularly.

These reports need to concentrate on the structural integrity of the building, and any building materials used, plus any hazards that could pose a risk to the building and its occupants.

Fire Safety Assessments

Specific attention is required for fire safety measures, ensuring compliance with updated fire safety standards.

Such assessments include regular inspections of flat entrance doors and frames, communal doors and frames and internal fire compartmentation surveys. 

Structural Building Assessments

Frequent reviews of the structural integrity of existing buildings are mandated. These identify potential issues with the building, and the necessary actions required to prevent future problems.

Building Safety Case Regime

Development and submission of a Building Safety Case

The Building Safety Act 2022 requires a comprehensive Building Safety Case to be developed and maintained for higher-risk buildings.

To adhere to this condition, it must be demonstrated that building safety risks are being managed and appropriate safety measures are in place. Building safety risks are the risk of the spread of fire or structural failure in a high-rise residential building.

A Building Safety Case Report contains a summary of a building’s Safety Case. This Report must be submitted to the Building Safety Regulator upon request when the Regulator notifies a Principal Accountable Person to apply for their Building Assessment Certificate. 

Reporting Obligations

Mandatory Occurrence Reporting

Should any incidents occur whereby the safety of the building is compromised, this must be reported to the Building Safety Regulator.

This includes any safety breach, including structural failures or fire incidents.

Annual Reports

The Accountable Person needs to prepare and disclose annual safety reports for the building. 

These reports must include updates on compliance matters and resident engagement.

 

The Building Safety Act 2022 brings significant changes to property management.

Adapt efficiently and effectively with tailored advice from Harris Associates and ensure your properties are fully compliant.

 

Resident Engagement Strategy

A Resident Engagement Strategy must be prepared to describe how residents over the age of 16 and anyone who owns a residential unit are included in building safety decisions.

A building safety decision is any decision made by an accountable person about the management of the building, the management of building safety risks or any other decision associated with the duties of an accountable person 

The Resident Engagement Strategy is a live document and the duties of an accountable person include reviewing and revising it and providing the latest version to residents. 

Resident Information

Information about fire safety measures, occupant rights, and how to contribute to maintaining safety must be provided to every resident.

Complaint Procedure

Systems also need to be introduced to enable residents and others to raise concerns or grievances they may have about the safety of the building. If any complaints arise, these need to be addressed promptly and effectively. 

Competence and Oversight

Competence of Key Roles

Two new roles were created by the Building Safety Act 2022 to oversee the operation of the new building safety regime.  

These are the Building Safety Regulator and Accountable Person.  

Where buildings are sub-divided into smaller parts and let on separate leases to different entities there will be more than one Accountable Person.  In these cases, the person with overarching responsibility for the whole building, such as the freeholder, is known as the Principal Accountable Person.    

Those occupying the roles of Accountable Person and / or Principal Accountable Person must fulfil core competencies associated with their respective position to ensure they manage building safety effectively.

Oversight and Inspections

Regular inspections must be conducted by the Building Safety Regulator or designated authorities. These inspections are completed to ensure ongoing compliance with the Building Safety Act 2022 and building safety standards are being maintained.

 

The Building Safety Act 2022: Compliance Checklist for Asset Managers

There are steps asset managers need to complete to comply with the Building Safety Act 2022. These are set out in our free checklist.

By working through this checklist, asset managers can ensure their properties comply with the Building Safety Act 2022 and deliver safe living environments for their occupants. 

This proactive approach will result in better risk management and higher safety standards in residential high-rise buildings.

1. Understand the Act

• Familiarise yourself with the essential aspects of the Building Safety Act 2022.
• Attend training and seminars on the new regulations.

2. Identify Relevant Properties

• Prepare a list of properties that qualify as high-rise residential buildings under the Act (typically buildings over 18 metres or with more than seven storeys and two or more residential units).

3. Idenitify Key Roles

• Identify the Principal Accountable Person and / or Accountable Person for each qualifying building.

4. Register Buildings

• Register each qualifying high-rise residential building with the new Building Safety Regulator using the designated online portal.
• Download and store registration details for each qualifying building.

5. Safety Assessments

• Perform initial safety assessments of all high-rise residential properties.
• Identify necessary improvements or remedial actions.

6. Resident Engagement Strategy

• Develop clear communication channels for engaging with residents.
• Distribute safety information to residents, including details about their rights and safety measures in place.
• Establish a process for receiving and addressing safety-related complaints from residents.

7. Reporting and Record-Keeping

• Implement systems for timely incident reporting and annual safety reporting to the Building Safety Regulator.
• Ensure all safety records and documents are electronically stored, up-to-date and accessible.

8. Develop a Safety Case

• Prepare a safety case for each high-rise building, detailing the management of building safety risks.
• Formulate a plan and adhere to clear timeframes to complete necessary improvements and remedial actions.

9. Produce a Safety Case Report

• Review the safety case documentation for each qualifying building.
• Highlight any gaps in documentation.
• Close the gaps by commissioning any necessary reports.
• Include timeframes for any necessary improvements and remedial actions.

10. Apply for a Building Registration Certificate (BAC)

• When notified to do so by the Building Safety Regulator after the high-rise building is registered.
• When the current BAC needs to be reassessed.
• Within the 28-day statutory notification period.

11. Compliance Auditing

• Schedule and conduct regular internal reviews of the safety case and update the safety case and safety case report to ensure ongoing compliance with the Act.
• Notify the Building Safety Regulator of any changes to a residential high-rise building.
• Prepare for external audits or inspections from the Building Safety Regulator.

12. Continuous Improvement

• Monitor the effectiveness of safety measures.
• Update safety cases and assessment reports as necessary.

 

How Does the Building Safety Act 2022 Affect Asset Management?

The introduction of The Building Safety Act 2022 has significantly altered the day-to-day management of high-rise residential buildings. Most notably, costs and operational efficiency have been affected by the introduction of these regulations.

Cost Implications

Compliance Costs

Assessments and Upgrades

The Building Safety Act 2022 specifies detailed building safety assessments must be completed regularly.

Preliminary and ongoing costs for these services will vary depending on the outcome of assessments.

For example, once assessments have been completed, remedial work may need to be required.  This may include structural changes, fire safety improvements, and/or the installation of specialist safety apparatus.

Specialist Recruitment

Asset managers need to ensure they have the right skills set.  

Training of existing staff or hiring new staff to understand and fulfil these obligations are likely to incur significant costs.

Registration and Documentation

As mentioned earlier, high-rise buildings need to be registered with the Building Safety Regulator to meet compliance requirements.

It is important to factor and budget for the costs associated with building registration, maintaining documentation, and preparing and regularly reviewing safety cases.

Insurance Premiums

With the safety and potential risks attributed to high-rise residential buildings under the spotlight, this could prompt an increase in insurance premiums.

This is particularly true for buildings that do not meet higher safety standards.

Resident Communication and Management

Investments in communication technologies and personnel may be needed to support resident engagement and complaints handling.

Operational Efficiency

Increased Administration

Regular reporting, compliance checks, and maintaining essential documentation increase administrative workload.  To complete these tasks, more time is needed, and in some cases, recruiting additional staff is necessary to ensure duties are fulfilled.

Regular safety assessments and the ongoing requirement to update and submit safety cases to the Building Safety Regulator add layers of complexity to asset management.

Improved Safety Protocols

Whilst initially challenging, enhanced safety protocols can lead to more streamlined operations over time.

Better-defined roles and responsibilities can improve the management structure, leading to clearer accountability and potentially more effective decision-making processes.

Long-term Maintenance Planning

The Building Safety Act 2022 encourages a more proactive approach to building maintenance, which can improve operational efficiency by preventing and mitigating issues before they escalate into costly repairs.

This approach requires a step change in maintenance strategies from reactive to proactive, which might initially be challenging but could reduce long-term costs.

Resident Relations

Improved safety measures and communication can lead to increased resident satisfaction and lower turnover, which is beneficial for operational stability and reputation management.

Since the introduction of the Building Safety Act 2022, the day-to-day management of high-rise residential buildings has been subject to increased costs and administrative tasks. 

However, these play a key role in improving building safety, operational procedures, and potentially lowering long-term maintenance costs.

 

Begin Your Route to Building Safety Act 2022 Compliance With Harris Associates

At Harris Associates, our dedicated team has a wealth of knowledge and experience in helping asset managers comply with the Building Safety Act 2022.

Ensure your property management adheres to key requirements with our tailored, expert guidance that secures compliance and peace of mind.