Building Safety Act 2022

সারসংক্ষেপ

Enacted in response to the Grenfell Tower fire of 14 June 2017 and the subsequent Hackitt Review (Building a Safer Future, 2018), the Building Safety Act 2022 is the most fundamental reform of building safety regulation in England in a generation. It establishes the Building Safety Regulator (BSR) as a new function of the Health and Safety Executive, creates a stricter regulatory regime for 'higher-risk buildings' (residential buildings at least 18 metres or 7 storeys high with at least two residential units), introduces a three-gateway system of approvals during design and construction, imposes the Accountable Person regime for occupied higher-risk buildings, and creates a 'golden thread' of building safety information. The Act also extends the limitation period for claims under the Defective Premises Act 1972 from 6 to 30 years retrospectively (and 15 years prospectively under s.135), gives leaseholders unprecedented protection from being charged for historical fire safety remediation works (Schedule 8), establishes the New Homes Ombudsman Scheme (Part 5), and creates Building Liability Orders to pierce the corporate veil where construction companies sought to shield themselves through associated entities.

মূল পয়েন্ট

• Establishes the Building Safety Regulator (BSR) within the Health and Safety Executive as the building safety oversight body (Part 2)
• Defines 'higher-risk building' — residential buildings at least 18 metres OR at least 7 storeys high with at least 2 residential units (s.65)
• Three-gateway approval system for design and construction of higher-risk buildings (Part 3)
• Accountable Person and Principal Accountable Person regime for occupied higher-risk buildings — must assess and manage building safety risks (Part 4)
• Mandatory residents' engagement strategy and complaints procedure for higher-risk buildings (Part 4)
• Golden thread of building safety information must be maintained throughout design, construction, and occupation
• Section 135 — extends Defective Premises Act 1972 limitation period to 15 years prospectively and 30 years retrospectively (a fundamental change to limitation law)
• Leaseholder protections — Schedule 8 caps service-charge contributions for historical fire-safety remediation; protected leaseholders pay nothing for cladding remediation
• Building Liability Orders (s.130) — allow the court to make an associated company liable for the obligations of the original developer/contractor
• New Homes Ombudsman Scheme — binding redress for new-build defects (Part 5)
• Architects Register reforms — Architects Registration Board powers to monitor competence (Part 3)
• Awaab's Law — amendments to the Landlord and Tenant Act 1985 (via the 2023 Social Housing (Regulation) Act) impose statutory timescales on social landlords to investigate and remedy serious damp/mould hazards

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