Making a Building Safety Complaint
The Building Safety Act 2022 gives residents and leaseholders escalating routes to raise fire and structural safety concerns, running from the landlord or freeholder through to the local council and the Building Safety Regulator (BSR). BSR is an executive non-departmental public body regulating England's 'higher-risk buildings' — those at least 18 metres tall or with 7+ storeys and 2+ residential units. The First-tier Tribunal can order remediation. England & Wales.
Overview
Residents and leaseholders concerned about fire or structural safety defects have several escalating routes under the Building Safety Act 2022, whose leaseholder protections came into force on 28 June 2022. The starting point is the landlord, freeholder or managing agent, who as an 'accountable person' for a higher-risk building has duties to assess and manage building safety risks. If that does not resolve matters, local authorities retain their own separate powers to inspect residential premises and take enforcement action. For the most serious buildings, oversight sits with the Building Safety Regulator (BSR) — an executive non-departmental public body that regulates 'higher-risk buildings': those in England that are at least 18 metres in height or have at least 7 storeys, and contain at least two residential units. The Act also lets the First-tier Tribunal make a Remediation Order requiring a landlord or developer to fix specified defects, or a Remediation Contribution Order requiring someone to pay towards the cost. Leaseholder financial protections apply separately, to buildings above 11 metres or five storeys with historical safety defects.
Who Can Use This Process
- You live in or own a flat in a higher-risk building (18m+ or 7+ storeys)
- You have identified a fire safety or structural safety defect
- Your building has dangerous cladding or insulation
- Your landlord or building manager is not addressing safety concerns
Step-by-Step Process
Report to your landlord or building manager
Your first step should be to report the safety concern in writing to your landlord, freeholder, or building management company. Under the Building Safety Act 2022, accountable persons for higher-risk buildings have a duty to assess and manage building safety risks.
- Put your complaint in writing with photos/evidence
- Keep copies of all correspondence
- Request a written response within a reasonable timeframe
Contact your local authority
If your landlord does not respond adequately, contact your local council's building control or environmental health department. They have powers to inspect buildings and take enforcement action under the Housing Act 2004 (HHSRS) and Building Act 1984.
- Local authorities can serve improvement notices
- They can carry out emergency remedial action for serious hazards
Complain to the Building Safety Regulator
For higher-risk buildings, you can raise a complaint directly with the Building Safety Regulator — a standalone executive non-departmental public body sponsored by the Ministry of Housing, Communities and Local Government. They have statutory duties to keep a register of higher-risk buildings and ensure accountable persons comply with their obligations.
- The BSR has a mandatory occurrence reporting system
- They can take enforcement action against accountable persons
Apply for a Remediation Order
Under the Building Safety Act 2022, the First-tier Tribunal can make a Remediation Order requiring a landlord or developer to remedy specified defects. You can also apply for a Remediation Contribution Order.
- Legal aid may be available
- Consider joining with other residents
Consider the Leaseholder Protections
The Building Safety Act 2022 provides leaseholder protections from remediation costs. Qualifying leaseholders in buildings over 11m may be protected from paying for cladding remediation and may have caps on non-cladding remediation costs.
- Check if your building qualifies for the Building Safety Fund
- Developers may be required to pay through the developer remediation contract
Costs
Important Warnings
Do not attempt to remove or alter cladding or safety features yourself — this may be dangerous and could be a criminal offence.
Keep paying service charges even if in dispute — non-payment can put your lease at risk.
Useful Links
Frequently asked questions
- How long does the making a building safety complaint process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Immediately"; "If no response within 14 days"; "2-4 weeks"; "Varies". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Building Safety Regulator complaint — Free; First-tier Tribunal application — Free or nominal; Legal advice — Varies (legal aid may be available). Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Do not attempt to remove or alter cladding or safety features yourself — this may be dangerous and could be a criminal offence.; Keep paying service charges even if in dispute — non-payment can put your lease at risk.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Building Safety Regulator; Building Safety Act 2022. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.