Building Safety Act 2022

Summary

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.

Key Points

• 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

Parts & Sections

Amendments History

Frequently asked questions

What counts as a higher-risk building under the Act?

The Building Safety Act 2022 defines a higher-risk building as a residential structure that is at least 18 metres high or has at least seven storeys, and contains at least two residential units. These specific criteria determine which buildings are subject to the Act’s stricter regulatory regime, including the three-gateway approval system and the requirement for an Accountable Person.

How does the three-gateway approval system work for new buildings?

The Act introduces a three-gateway system for higher-risk buildings. Dutyholders must demonstrate compliance with building regulations at three specific stages: during the planning phase, before construction begins, and upon completion. This process ensures that safety standards are met throughout the design and construction lifecycle before the building can be occupied.

What protections does the Act offer leaseholders regarding fire safety costs?

Schedule 8 of the Act provides significant protections for leaseholders. It caps service-charge contributions for historical fire-safety remediation works. Specifically, protected leaseholders are not required to pay anything for cladding remediation. These protections generally apply to qualifying leases, which are long leases of dwellings in relevant buildings held on or before 14 February 2022, where the leaseholder owns no more than three UK dwellings.

How long do I have to bring a claim for defective premises?

The Act amends the limitation period for claims under the Defective Premises Act 1972. For actions accruing before 28 June 2022, the period is extended retrospectively to 30 years. For actions accruing after that date, the limitation period is set at 15 years. This change significantly extends the time available for individuals to bring legal claims regarding defective premises.

What is a Building Liability Order and who can it affect?

A Building Liability Order allows the High Court to make an associated company jointly and severally liable for the building safety obligations of an original developer or contractor. This mechanism is designed to prevent construction companies from shielding themselves from liability by using associated entities or corporate structures to avoid responsibility for safety failures.