The most significant building safety legislation in England since the 1980s. Higher-risk buildings face an entirely new regulatory regime. Every residential block is affected. Here is what directors, freeholders, and managing agents need to know.
Building Safety & Compliance →Key facts at a glance
The Building Safety Act 2022 was Parliament's legislative response to the Grenfell Tower fire and the Hackitt Review that followed it. It introduces new dutyholder roles, a new regulatory framework for the most complex residential buildings, stronger enforcement powers, and a fundamental shift in how building safety is managed over the lifetime of a building.
The Act is complex and its implementation is ongoing. Secondary legislation, guidance, and the Building Safety Regulator's framework continue to develop. Understanding what the Act requires — and distinguishing between what applies to all residential blocks and what applies only to the highest-risk buildings — is essential for directors, freeholders, and managing agents responsible for residential buildings.
The Act's most demanding requirements apply specifically and exclusively to higher-risk buildings (HRBs). For buildings that are not HRBs, the Act still matters — but the specific HRB regime does not apply.
Higher-risk building definition
A higher-risk building under the Building Safety Act is a building in England that:
Both conditions must be met. A 20-storey office building is not an HRB. A 3-storey residential block is not an HRB. A 7-storey block containing 2 or more flats is an HRB.
| Obligation | All blocks | HRBs only |
|---|---|---|
| Fire risk assessment (RRO 2005) | Yes | — |
| Fire Safety Act 2021 — responsible person duties | Yes | — |
| Buildings insurance — adequate cover | Yes | — |
| Communal fire safety measures | Yes | — |
| EWS1 where external wall system may be combustible | Where applicable | — |
| Building Safety Regulator registration | — | HRB only |
| Principal Accountable Person (PAP) | — | HRB only |
| Building Safety Manager (BSM) | — | HRB only |
| Safety Case and Safety Case Report | — | HRB only |
| Mandatory resident engagement duties | — | HRB only |
| Golden thread of building information | — | HRB — statutory |
| Building Assessment Certificate | — | HRB only |
For buildings that meet the HRB definition, the Building Safety Act creates a new and demanding regulatory framework overseen by the Building Safety Regulator (BSR), operating within the Health and Safety Executive.
The person or organisation responsible for the building's structure and exterior — typically the freeholder in a leasehold block. The PAP has legal duties that cannot be delegated away: registering the building with the BSR, applying for a Building Assessment Certificate, and preparing and maintaining the Safety Case.
The PAP must appoint a Building Safety Manager (BSM) for each HRB. The BSM must be a competent individual (not a company) responsible for day-to-day building safety management: maintaining the safety case, managing the golden thread, and running the mandatory resident engagement programme.
A structured assessment of the risks to residents from fire and structural failure, and a demonstration that those risks are being managed to an acceptable level. Not a one-time document — it must be reviewed and updated whenever there is a significant change to the building or its management.
The structured, maintained record of all information relevant to the building's safety — design information, construction information, materials used, changes made, maintenance records, and safety assessments. For HRBs, maintaining the golden thread digitally is a statutory duty. Also sound practice for all residential buildings below the HRB threshold.
HRB dutyholders have mandatory duties to engage with residents about building safety. This includes establishing a resident engagement strategy, providing residents with specified safety information, and having a system for receiving and responding to resident building safety concerns. Residents have a right to see specified information about the management of their building's safety.
The majority of residential blocks in England are not higher-risk buildings. They are not subject to the PAP regime, the Building Safety Manager requirement, the Safety Case, or the mandatory resident engagement duties. But the Building Safety Act still affects them in three important ways.
The Act signals a fundamental shift in how building safety is regulated. The era of treating fire safety as a box-ticking exercise is over. Enforcement bodies, insurers, and the courts are all operating in the post-Grenfell context. Blocks that have neglected fire risk assessments, allowed outstanding FRA actions to accumulate, or treated insurance conditions as optional are increasingly exposed to enforcement action and insurance consequences.
The Fire Safety Act 2021 clarified that the Regulatory Reform (Fire Safety) Order 2005 applies to the structure, external walls, and flat entrance doors of multi-occupied residential buildings — not just the common parts. The responsible person for a residential block is now responsible for fire safety measures relating to external walls (including cladding and balconies) and flat entrance doors. For blocks with external cladding of any kind, this is a significant expansion of scope.
The Building Safety Act introduced new mechanisms for pursuing remediation of historical building safety defects, particularly cladding and external wall system failures. It created new legal pathways for leaseholders to require landlords to remediate defects and introduced protections preventing the costs of remediation from being passed to leaseholders in certain circumstances. If your block has external wall system issues that have not been assessed or remediated, the Act's remediation framework is directly relevant.
Not an HRB? The Act still changed your obligations. Directors of non-HRB blocks sometimes conclude that the Building Safety Act does not apply to them. This is not accurate. The fire safety obligations that apply to all residential blocks have been strengthened. The Fire Safety Act 2021 expanded the scope of the responsible person's duties. Enforcement expectations have risen. And the cultural expectation — that building safety is managed continuously, not addressed reactively — applies to every residential block, regardless of height.
| Role | Typically who | Core duties |
|---|---|---|
| Principal Accountable Person (PAP) | Freeholder or superior landlord in most leasehold blocks | Register HRB with BSR. Apply for Building Assessment Certificate. Prepare and maintain Safety Case. Appoint Building Safety Manager. |
| Accountable Person (AP) | Any party with a repairing obligation under a lease for part of the building | Manage building safety risks within their area of responsibility. Cooperate with PAP. |
| Building Safety Manager (BSM) | Individual appointed by PAP — may be the managing agent or a specialist | Day-to-day building safety management. Maintain golden thread. Run resident engagement programme. Manage safety case. |
| Responsible Person (fire safety) | Person in control of the premises — often RTM company, RMC, or freeholder | Fire risk assessment. Fire safety measures in communal areas, external walls, flat entrance doors. |
| Managing Agent | Appointed by PAP, RTM company, or RMC | Carries out management functions delegated by the dutyholder. Cannot discharge the PAP's statutory duties but supports compliance. |
We manage building safety and compliance for residential blocks across London and Essex. Whether you manage an HRB or a standard residential block, we can help you understand your current compliance position and what needs to be done.
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