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One of the most pivotal pieces of legislation governing residential property safety in recent years, the introduction of the Building Safety Act in 2022 is integral to understanding the next steps for keeping residents safe.
It’s a complex piece of law – necessarily so – but is something property owners, leaseholders, landlords, and social housing providers have to navigate to stay compliant.
As part of our campaign to demystify fire safety and interim measures like Waking Watch services, we’re looking at the Building Safety Act of 2022, what it tells us, and why that matters.
The Building Safety Act 2022 governs the design, construction, structural integrity, and ongoing management of high-rise properties (anything above 18 metres, or 7 storeys). While this predominantly means high-rise homes (like blocks of flats, apartment buildings, or social housing), it also applies to hospitals and care homes.
It applies to these buildings because they’re deemed to be “Higher Risk” and need to be governed by stricter legislation to ensure that residents are safe, and fire risks are minimised. That includes any issues surrounding dangerous cladding, insufficient fire safety measures, or potentially hazardous construction methods.
When the amended act was first introduced in 2020, it represented a massive overhaul of existing legislation that governed high-rise, high-risk construction, with the overarching intent to (as per the Government’s official announcement on the Act being granted Royal Assent) “create lasting change, and make clear how residential buildings should be constructed, maintained, and made safe.”
The original Building Safety Act was published in 1984, but lacked the specificity that the more modern iteration of the Act has. The amended 2022 Building Safety Act followed the tragic Grenfell disaster in 2017, where the construction of the building played a major role in the uncontrollable spread of fire and the irreplaceable loss of 72 lives.
The Building Safety Act also introduced three new bodies that oversee all aspects of building construction, maintenance, and management. They are:
It’s those three bodies that allow for the Building Safety Act to be representative of what matters to leaseholders, building owners, and the wider community. Arguably, the biggest change as part of the 2022 redesign of the Act was to provide a greater sense of accountability and powers of enforcement for the relevant authorities.
The Building Safety Act 2022 offers more concrete protection for leaseholders (who, under previous Acts, may have been expected to pay for remediation works), ensures greater enforcement of construction standards, holds responsible parties accountable for both historical and modern cladding issues, and creates a sustainable path to a clearer, safer future for homeowners.
That’s the surface-level overview, however. Here’s a more detailed breakdown of four major changes that the Act enforces, and why they’re important amendments in the wake of the tragic Grenfell disaster.
The biggest change brought about by the Building Safety Act 2022 (BSA) is that leaseholders are now far more protected than ever before. It’s a long-overdue change, some might argue – leaseholders and homeowners are disproportionately affected by the past actions of developers, and have historically been saddled with a bill that many simply couldn’t afford.
Under the new legislation, qualifying leaseholders (which are defined by the BSA as “those living in their own homes and with no more than three properties in the UK”) cannot legally be charged by the building owner for repair, removal or remediation of cladding. These will instead be fully covered by the Principal Accountable Person (PAP), who is usually a representative of the company or scheme that owns and operates the building.
This financial protection also extends to the costs of interim measures, such as temporary fire alarms and Waking Watch services, which can often be unforeseen but necessary expenses.
Essential in the wake of the Grenfell disaster, the 2022 update to the Building Safety Act (BSA) introduced a much greater emphasis on regulations governing construction material quality, structural integrity, supply chains, and accountability (which we’ll discuss shortly). This was, for many, the key change brought about by the revamped BSA.
A large-scale change to the acceptable construction materials and build quality ensures that we’re taking a step away from the historical defects and cladding issues that were proven to be a catalyst in the Grenfell disaster. That’s a key finding from both the overarching Grenfell Inquiry and the most recent report published in February of this year – there cannot, and should not, be a repeat of the improper cladding that exacerbated the spread of the fire at Grenfell.
It means that Waking Watch funding can effectively become a temporary initiative, saving billions in future funding that can be allocated to further initiatives designed to mitigate and contain the spread of fire. While that’s a change that’s not set to come into effect for a long time (given the indefinite stay that the Interim Measures Alarm Fund has been allocated), it is worth noting.
This was also an integral change following the UK’s exit from the European Union (EU) in 2019. Construction materials from overseas may not necessarily have been subject to the same regulations as the UK, and new regulations following Grenfell (like this guidance from the Ministry of Housing, Communities and Local Government) outline the importance of adhering to set standards like the UKCA or Conformité Européenne (CE) marking.
While change for the future is the clear outcome of the updated Building Safety Act, there’s no escaping the transgressions of the past. The disaster that befell Grenfell and its residents is the major catalyst in instigating change, but it’s sadly not an isolated incident, with the Spectrum House fire in Dagenham in 2024 also returning cladding issues to the limelight.
That’s where additional accountability under the BSA comes to the fore. Under the Act, those accountable for the overall safety of high-rise, high-risk buildings will have to “demonstrate that they have effective, proportionate measures in place” to mitigate and manage risks. That’s a consistent thread throughout the built environment lifecycle, from design to finalisation.
It also ensures appropriately stringent criminal charges are brought against those who don’t adhere to the legislation. That’s an incredibly important step, one that’s ensured just processing of the negligence and disregard that ultimately contributed towards the Grenfell disaster.
Where developers are insolvent, no longer trading, or uncontactable for any reason, the Government introduced the building safety pledge. As of the publication of this article, that comprises 52 developers who’ve committed to resolving life-critical fire safety issues on any property where they’ve been involved with the development, refurbishment, construction or subsequent adjustments of the building.
While the Building Safety Act (BSA) is predominantly concerned with rectifying the issues of the past and with ensuring the integrity of modern construction, it’s also crucial in paving the way forward to a brighter, more sustainable future in the construction industry. That’s best exemplified by the more stringent standards governing construction materials, but it goes beyond that.
Perhaps chief among those is the idea that the Act will “create a clear and proportionate framework” for years to come. That’s essential across every aspect, from the initial planning phase right through to permanent occupation.
New developers need the reassurance that they’re not going to be unfairly penalised, and that they’re justly rewarded for going through the right procurement process. Construction companies need that assurance that the materials they’re buying and using aren’t going to adversely affect residents, the construction process, or – crucially – their bottom line.
And, above all else, residents need to feel safe in their homes. The historic issues we’ve seen with cladding (and that reached breaking point with the tragedy at Grenfell) cannot be repeated, and with the BSA’s current form, there’s a well-defined path forward to that not happening again in the future.
The Building Safety Act 2022 (BSA) ensures that homeowners and leaseholders have a greater say in how their property is managed. There’s a more clearly defined complaints process (which culminates in the Building Safety Regulator), and there’s a greater window to apply for reparations under the Defective Premises Act 1972.
The BSA also introduces the Your Home, Your Safety campaign, which aims to raise awareness of the new channels available to leaseholders should their landlord or building owner be unreceptive to their concerns. Their database allows for an easy way for residents to check that their building (if it’s above 7 storeys, or 18 metres) is properly registered.
As we touched on earlier, the BSA removes any onus on residents and leaseholders to pay for costs associated with Waking Watch services, other interim measures (like temporary fire alarms), and any costs associated with cladding remediation. It’s extra reassurance – essential in a struggling economy – that homeowners and families are protected.
There’s no substitute for effective education in that regard. If you’d like to learn more about what Waking Watch services involve, or key aspects of the safety journey, like fire risk assessments, ProFM’s commitment to clarity means we’re the ideal choice no matter what stage you or your property is at.
John has a proven track record for motivating and leading high performance teams and has helped mentor and develop many people at ProFM who now hold key or senior positions within the business. John is committed to delivering only the finest services, exercising compelling leadership, maintaining good internal morale and striving to resolve any challenges efficiently and effectively.
