Last Updated: June 2025
Introduction
The Building Safety Act 2022 is a landmark piece of UK legislation designed to enhance the safety of residential buildings. It was introduced in response to the Grenfell Tower fire and addresses the full lifecycle of higher-risk buildings, from design and construction to occupation and maintenance.
Background and Purpose
The Act was introduced following the Hackitt Review and aims to tackle issues such as regulatory failure, unsafe construction practices, and lack of accountability. It promotes a culture of safety and responsibility, with clear roles assigned to those involved in the design, construction, and management of buildings.
Scope of the Act
The Act applies mainly to Higher-Risk Buildings (HRBs), defined as buildings:
- 18 metres or more in height or with 7 or more storeys
- Containing at least two residential units
- Including care homes and hospitals (meeting the above criteria)
It applies to both existing and future developments.
Key Roles and Responsibilities
The Act introduces two main roles:
- Principal Accountable Person (PAP): Has overall responsibility for managing building safety risks and registering the building with the Building Safety Regulator (BSR).
- Accountable Persons (APs): Anyone with repair obligations for parts of the building, such as landlords, housing associations, or property managers.
Dutyholder and Accountable Person Requirements
During construction and refurbishment, Dutyholders (designers, contractors, etc.) must ensure building regulation compliance. In occupation, Accountable Persons are responsible for managing fire and structural safety risks.
The Golden Thread of Information
This refers to a secure, digital, and up-to-date trail of building information that must be maintained throughout the building’s lifecycle. It includes:
- As-built drawings
- Fire risk assessments
- Structural safety information
- Maintenance logs and audit trails
The Building Safety Regulator
Operated by the Health and Safety Executive (HSE), the Building Safety Regulator is responsible for overseeing compliance, enforcing the law, and maintaining a national register of higher-risk buildings.
Building Safety Case Reports
The Principal Accountable Person must prepare a Building Safety Case Report that:
- Identifies and assesses fire and structural risks
- Details mitigation strategies and ongoing controls
- Is submitted to the BSR for review
Resident Engagement Strategy
Residents must be kept informed through a formal Resident Engagement Strategy, which includes:
- Clear communication about safety issues
- A process for raising and resolving concerns
- Transparency around roles and responsibilities
Building Assurance Certificate
To legally occupy a higher-risk building, the PAP must apply for a Building Assurance Certificate from the BSR, confirming all safety obligations are met.
Remediation and Cost Protections
The Act provides protections for leaseholders and ensures the cost of remediation is covered by responsible parties. It includes:
- Developer and landlord obligations
- The Building Safety Fund
- Caps on leaseholder contributions
- A requirement to explore other funding options first
- The Cladding Safety Scheme
Gateway System for New Buildings
The Act introduces a 3-stage gateway process:
- Gateway 1 – Planning: Fire safety must be addressed at the planning stage
- Gateway 2 – Pre-Construction: BSR must approve detailed building designs
- Gateway 3 – Completion: Final sign-off before the building is occupied
Enforcement and Penalties
Failure to comply may result in:
- Criminal charges and unlimited fines
- Enforcement action by the BSR
- Delays in building use or occupation
- Reputational damage
Implications for Leaseholders
The Building Safety Act introduces a range of new rights and protections for leaseholders, particularly those affected by historic safety defects in their buildings. Key implications include:
- Protection from Remediation Costs: Leaseholders are largely shielded from bearing the full cost of historic safety remediation works. The Act limits the amount that qualifying leaseholders can be charged for cladding-related work, and in many cases, costs must be met by developers, building owners, or through government funds.
- Eligibility for Government Support: Leaseholders in buildings that meet specific criteria may access financial assistance through the Building Safety Fund, which covers certain remediation works, primarily related to unsafe cladding.
- Transparency and Access to Information: Leaseholders are entitled to receive clear and accessible information about building safety risks, ongoing works, and how safety costs are being managed. This includes visibility into the building’s Safety Case, Golden Thread data, and service charges related to safety compliance.
- Greater Voice in Safety Matters: Through Resident Engagement Strategies, leaseholders must be consulted on key safety issues. They have the right to raise concerns and expect timely and meaningful responses through formal complaints channels.
- Extended Legal Recourse: Leaseholders now benefit from extended liability periods (up to 30 years retrospectively) under the Defective Premises Act, increasing their ability to pursue developers or contractors for unsafe construction.
These measures collectively mark a significant shift in favour of leaseholder protection and participation in the safety management of their homes.
Implications for Property Managers
Property managers play a key role in ensuring compliance. Their responsibilities include:
- Supporting Principal and Accountable Persons
- Keeping safety records up to date
- Managing resident communications and complaints
- Overseeing remediation work and ongoing risk assessments
How Levels Property Management Stays Compliant (and Proactive)
We’ve embedded the Building Safety Act into our day-to-day operations, ensuring compliance isn’t a tick-box exercise — it’s a core part of how we manage your building.
Here’s what we do:
Carry Out Regular Fire Risk Assessments (FRAs)
We work with qualified assessors to conduct FRAs and act swiftly on all recommendations.
Maintain and Monitor Safety Equipment
From smoke vents to fire doors, we ensure your safety systems are tested, certified, and working.
Manage Building Safety Funds
We help coordinate cladding remediation works, access government funding schemes, and ensure works are carried out safely and transparently.
Train Our Team
Our staff receive ongoing training on building safety laws, so they’re fully equipped to manage the risks and respond to the regulator.
Educate and Support Residents
We provide leaseholders with clear guidance on fire safety, cladding issues, and your rights under the Act — in plain English.
Trust Built on Safety, Transparency, and Compliance
At Levels Property Management, safety isn’t just a legal obligation — it’s a core value. We believe that every resident deserves peace of mind in their home, and every client deserves a managing agent who stays ahead of regulation, not behind it.
