Does the Building Safety Act Apply to All Buildings?

The Building Safety Act 2022 is one of the most significant pieces of safety legislation that has been introduced in recent years. Following the Grenfell fire disaster that resulted in multiple fatalities, this new legislation governs how buildings should be built, designed and constructed across the UK.

The Act is designed to raise standards, increase accountability and above all keep people safe. If you’re wondering if the Building Safety Act affects all buildings, the team at IKT Consulting is here to help. We’ve put together an in-depth guide for building owners, managers and other professionals in the UK explaining how the Building Safety Act is applied. 

Read on for more information…  

What is the Building Safety Act?

The Building Safety Act 2022 is a piece of legislation in the UK that was brought in to overhaul existing building regulations that were deemed insufficient to keep people safe. The purpose of the Act is to improve safety in residential buildings and ensure clear accountability for a property. This includes construction, occupation and maintenance. 

The Act introduced a whole host of reforms that impact building control systems. In particular, there is a focus on higher-risk buildings. Some of the key aspects of the legislation include:

• Establishing stronger oversight to prevent safety issues
• Creating new regulatory bodies, such as the Building Safety Regulator and the National Construction Products Regulator 
• Strengthening accountability for those responsible for the safety of buildings 
• Giving residents in high-risk buildings more  opportunities to raise safety concerns 
• Extending liability periods for defective works

The main intention of the Act is to ensure buildings in the UK are safe and responsibly managed. There is a particular emphasis on property where the consequences of failure could be catastrophic. 

Does the Building Safety Act apply to all buildings?

Yes, the Building Safety Act must be adhered to by all buildings. The overarching purpose of the Act is to ensure buildings are safe and guarantee that designs meet obligations set out by the legislation. 

However, the most stringent elements of the Act, especially when it comes to registration, management and safety compliance, apply to higher-risk buildings. 

Therefore, all buildings need to comply with the Building Safety Act 2022, but only certain buildings that meet the legal criteria for ‘higher risk’ structures fall under the Act’s full powers. 

The Building Safety Act for high-risk buildings

Higher-risk buildings are at the very core of the Building Safety Act. These provisions are designed for buildings where a failure could have the most severe consequences due to their size, complexity or occupancy type. 

A high-risk building is defined as:

• A building that is at least 18 metres tall or
• Seven storeys high and 
• Contains at least two residential units

In most cases, these are apartment blocks, but they can also include other places where people are being accommodated, like care homes and hospitals. 

If a building is categorised as high-risk, then the following rules and responsibilities must be followed: 

• Registration with the Building Safety Regulator: All high-risk buildings must be registered with the new Building Safety Regulator. 
• Appointment of accountable persons: Individuals who are responsible for building safety must be identified and accountable for managing safety risks. 
• Regular safety risk assessments: Risk assessments must be regularly evaluated to ensure that fire and structural risks are being properly managed. 
• Control of building safety hazards: Dutyholders must demonstrate that effective safety measures are in place to reduce risk.
• Ongoing reporting and documentation: Accurate records of safety management must be kept at all times.
• Engagement with residents: Residents must be able to raise any safety concerns. These concerns need to be addressed by accountable persons.

Who is responsible for enforcing the Building Safety Act? 

Responsibility under the Building Safety Act is divided between regulatory bodies and dutyholders within the construction and building management sectors. 

Let’s take a closer look at each:

Building Safety Regulator (BSR)

The Building Safety Regulator plays a central role in enforcing the Act’s provisions. Some of the BSR’s responsibilities include:

• Overseeing the safety and performance of buildings, especially high-risk buildings 
• Monitoring building control bodies and ensuring consistent regulatory application
• Setting and enforcing standards for quality work when it comes to the design and construction of a building 
• Taking enforcement action, such as fines, when non-compliance has been identified 

Building owners, managers and accountable persons 

Under the Building Safety Act 2022, the primary duty in terms of compliance falls on building owners, managers, or appointed accountable persons, not on residents. 

In practice, this means that those who own or manage high-risk buildings must:

• Ensure ongoing safety compliance and maintain management systems 
• Develop, maintain and implement safety documentation 
• Respond to residents’ concerns about the building
• Demonstrate to the regulator that risks are properly controlled

Most importantly, the focus has shifted away from residents, and responsibility now rests with those who own buildings. 

How to ensure you are compliant

Compliance with the Building Safety Act can be complex, especially for those with large developments or those who own high-risk buildings. There are several things you can do to manage these responsibilities: 

• Identify whether your building qualifies as a high-risk building 
• Register the building with the Building Safety Regulator 
• Appoint accountable persons and make their responsibilities clear 
• Conduct regular risk assessments with a focus on fire safety 
• Maintain accurate health and safety records 
• Ensure all professionals involved in the design and construction of the building are competent and meet high standards
• Engage with residents in a meaningful manner and address safety concerns promptly 

The best way to ensure compliance when navigating the Building Safety Act is to call on the services of professional structural engineers such as the team here at IKT Consulting. We offer leading services for landlords, architects, developers and other property professionals, helping you meet regulatory requirements and safeguard the structural integrity of your next project. 

We offer detailed engineering reports, structural inspections, designs, drawings and much more. When you partner with our team, our experts will ensure that you not only understand the Building Safety Act but also have the support to remain compliant. Contact our team today for more information.