What is the Building Safety Act?

In 2022, one of the most significant reforms to building safety legislation was introduced in England – the Building Safety Act. Introduced in response to the tragic Grenfell Tower fire in 2017, which caused the deaths of 72 people, the act is primarily focused on making high-risk residential buildings of more than seven floors and above 18 metres tall, safer.

A number of serious failings in design, construction and materials were discovered in the wake of the Grenfell disaster, and the UK government created this act as a way to improve accountability and protect residents from unsafe buildings.

Here at IKT Consulting, our team of expert structural engineers is fully across all industry legislation, and this includes the Building Safety Act. In this article, we’ll provide you with everything you need to know about the act.

Read on for more information…

What is the Building Safety Act?

The Building Safety Act 2022 is a UK law that was introduced to reform building safety regulations in the country. In particular, it focuses on residential buildings, with an emphasis on high rises, and it strengthens protections for leaseholders and residents.

The Act is designed to achieve several aims, including:

• Improve fire and structural safety in residential buildings
• Hold developers accountable for safety problems
• Protect leaseholders from expensive remediation costs
• Introduce stronger regulations for construction projects
• Create clear dutyholder responsibilities during construction projects
• Raise competence standards across the built environment sector

What does the act mean for homeowners?

For homeowners, the Act significantly increases legal protections. One of the biggest changes that has been introduced is the extension of time limits for claims relating to defective construction work. This has been increased from 6 years to 15 years. This means homeowners have longer to seek compensation for poor workmanship.

The legislation also introduces stronger regulations and construction standards that reduce the likelihood of defects arising in new homes. Overall, homeowners benefit from increased transparency and stronger rights.

What does the act mean for those living in high-rise buildings?

The Building Safety Act pays specific attention to those living in higher-risk buildings, which are typically those in high-rise developments. The new act requires accountable persons to manage safety risks and respond directly to concerns from residents.

Residents can raise any safety concerns directly with the building owner or escalate them to regulators if they are ignored. The legislation also requires improved safety management throughout a building’s lifecycle, from design to occupation. This represents a shift toward better health and safety standards for those people living in high-rise apartment blocks.

What does the act mean for building owners?

Building owners and accountable persons now face increased legal responsibilities as a result of the Building Safety Act 2022. They must demonstrate that effective safety management protocols are in place, especially if they own a higher-risk residential building like a high-rise tower.

Known as dutyholders, these people need to take a proactive approach to safety in order to reduce safety risks. Failure to comply has serious consequences, including hefty fines and even criminal prosecution. The Act also makes clear that it is the responsibility of landlords and building owners to contribute financially towards fixing safety defects in their buildings.

What does the act mean for the built environment industry?

The Act has created a more structured regulatory framework for those working in design and construction. It promotes higher standards, clear roles and stronger regulations at every stage of a project’s lifecycle.

There are also stronger requirements to make sure all construction projects and materials are safe for use in the UK. A National Regulator has also been created to ensure compliance in this area.

What is the new building safety regulator?

The Building Safety Regulator (BSR) is a central part of the Building Safety Act 2022. It is their job to oversee safety and compliance to ensure standards are high for all buildings.

The regulator maintains a register of higher-risk buildings, which will ensure all safety legislation is being complied with. The regulator will also promote competence across the industry and support regulatory consistency.

As well as the BSR, two other bodies were created as part of the act:

• The National Regulator of Construction Products – this organisation is responsible for enforcing construction product safety, monitoring compliance and removing any unsafe products from the market.
• The New Homes Ombudsman – This body provides dispute resolution services for new-build buyers, improving quality and protecting customers.

Together, these three bodies create a stronger, more coordinated systems that places health and safety at its very core.

Who is responsible for remediation work?

The new Building Safety Act shifts the responsibility of remediation work. This includes:

Developers

The Act is designed to ensure that developers are held accountable for safety defects. This policy places responsibility on developers to fund or carry out remediation of critical safety issues, especially in taller residential buildings.

This new approach is intended to ensure that those responsible for defective construction in the first place will need to contribute financially to repair it. In the past, these costs were passed on to residents.

Long leaseholders

Many leaseholders will benefit from financial protections under the Act. Many are now shielded from costs associated with remediating historical building safety defects.

The legislation has clear rules about when costs can be passed on to leaseholders and introduces mechanisms to recover costs from those responsible instead. This is one of the most effective consumer protection measures that has been introduced in the Act.

Overall, the Building Safety Act is now fundamental when it comes to how building safety is managed in the country. For developers, building owners and construction professionals, compliance is more rigorous, but ultimately it is all geared towards protecting residents and ensuring a building is safe for years to come.

If you’re navigating these regulations, the role of experienced structural engineers is more important than ever. At IKT Consulting, we provide a wide range of specialist structural engineering services to homeowners, landlords, architects, developers and more. For more information on how we can assist your project, get in touch with our team today.