Health and Safety / Residential

Building Safety Act 2022: A Guide for Landlords and Tenants

September 12 2023

The Building Safety Act 2022 is a significant piece of legislation rolled out across the UK since it received royal assent in early 2022. The Act, which emphasizes the quality and safety of buildings, has promised to bring about a sea change in the way buildings are designed, constructed, and maintained. This blog post will break down the six parts of the Act and highlight what landlords need to know to stay compliant.

 

The Building Safety Act 2022 was established to enhance the safety standards of all buildings, particularly those deemed as higher-risk. It's a response to past tragedies, such as the Grenfell Tower fire, to prevent them from happening again. The Act is crucial for both landlords and tenants as it introduces new regulations that ensure safer living conditions.

 

Six Parts of the Act Explained

 

The Act is divided into six main parts, each one a piece of the puzzle contributing to a safer built environment. Below are some of the headlines to come out of the Act:

 

  1. Building Safety Regulator (BSR): The BSR is a body that will oversee safety and standards across all buildings.
  2. Accountability and Duty Holders: This part introduces a clear chain of responsibility during a building's lifecycle, from design to construction to occupation. Everyone along the way has a role to play.
  3. Building Safety Act 1984: This part makes changes to the 1984 Act regarding Building Regulation approval, documentation, reporting and inspections and changes to the regulation of Building Control professionals and building inspectors.
  4. Higher Risk Buildings: This section deals with new requirements in place for buildings of at least 18 metres or seven storeys in height with at least two residential units.
  5. Building Safety Costs: This deals with who is responsible for the costs of remedying certain safety defects in relevant buildings, including the cost of replacing cladding.
  6. Residents' Voice: This section ensures that residents have a more substantial say in maintaining the safety of their homes. Everyone will get a chance to voice their concerns.
  7. New Homes Ombudsman: A new role was created to handle complaints from homeowners about their new builds. This position acts as a dedicated customer service rep just for your home.
  8. Construction Products and Third-party Certification: This part outlines regulations concerning construction products and their certification.
  9. Fire Safety: This section changes the Regulatory Reform (Fire Safety) Order 2005 and addresses fire safety measures in buildings, like having a detailed emergency exit plan.

 

What Landlords Need to Know

 

Landlords hold a significant role in maintaining these new safety standards. They form part of the chain of accountability and may face penalties for non-compliance. They'll also need to engage more actively with their tenants regarding safety issues. With the introduction of the New Homes Ombudsman, landlords will need to ensure their properties meet the required standards to avoid complaints.

Landlords will need to comply with new requirements for building inspections and registration. These measures aim to ensure that buildings are safe and well maintained. Failure to meet these requirements could result in penalties, so it's crucial for landlords to familiarise themselves with the new legislation and take the necessary steps to become compliant.

The Building Safety Act 2022 significantly impacts landlords, increasing their responsibilities in terms of building safety. Key points landlords need to be aware of include:

 

  1. Accountable Person: For each high-risk building, an 'Accountable Person' should be appointed who will be responsible for ensuring building safety.
  2. Safety Case Report: The Accountable Person is required to submit a Safety Case Report to the Building Safety Regulator for approval before the building can be occupied.
  3. Resident Engagement: Landlords will have more duties to engage with residents on building safety issues.
  4. Building Inspection: Landlords will have more duties to engage with residents on building safety issues. Building Inspection: Regular inspections of the building's safety features will be required.
  5. Compliance with the Golden Thread of Building Information: Landlords must maintain current information about the design, construction, and ongoing management of their buildings.

 

These are just some of the requirements that the Act imposes. Landlords are encouraged to familiarise themselves with the full Act from the official UK legislation site (source).

 

The Building Safety Act 2022 represents a significant shift in the regulatory landscape for residential buildings in the UK, particularly high-risk buildings. The Act imposes increased responsibilities on landlords and other building stakeholders, aiming to keep all residents safe. Landlords must ensure compliance with the Act to avoid penalties or even forced evacuation of their buildings. As such, it is essential for landlords to stay informed on any updates or changes to the Act and take necessary actions to ensure building safety. 

 

We're always on hand to help answer any questions and assess building compliance so we can work together to create a safer built environment for our communities. 

 

For more detailed information, check out the Building Safety Act 2022 on the UK Legislation website or contact a member of our property management team.