Since the tragedy of Grenfell Tower, the government has introduced new legislation to address the safety concerns of occupants inhabiting high-rise buildings. The Building Safety Act 2022 (“the Act”) came into force from the 1st April 2023 and seeks to improve the management, design and construction of higher-risk buildings. The Act represents a significant shift in the regulatory landscape for building safety in the UK.
Key provisions of the Act:
1. Creation of the Building Safety Regulator (“BSR”)
This is a new regulatory body within the Health and Safety Executive tasked with overseeing the safety and performance of buildings. They are to enforce a strict regulatory framework, ensuring compliance with safety standards across the lifecycle of buildings.
2. The Accountable Person
The Act introduces the concept of an “Accountable Person” who is responsible for the safety of a high-rise residential building throughout its lifecycle.
3. Principal Designer/Contractor
Their duty is to maintain safety standards during the design and construction phases.
4. Building Safety Certificates
The Act mandates that all high-rise residential buildings must obtain a Building Safety Certificate, issued by the BSR. This certificate confirms that the building meets the requisite safety standards and is subject to regular reviews as well as inspections.
5. Enhanced Residential Engagement and Communication
To ensure transparency, the Act requires building owners and managers to engage with residents and to provide clear information about safety measures.
6. Remediation and Funding
The Act includes provisions to address the remediation of unsafe cladding and safety hazards. It outlines funding mechanisms to support remediation works ensuring that financial burdens do not unfairly fall on leaseholders.
What are the implications?
- Developers must adhere to the regulatory requirements by ensuring that they integrate safety considerations into the design and construction processes.
- Building owners and managers are required to take proactive steps to comply with the requirements set out by the Act and failure to do so can result in significant penalties and legal liabilities.
- Leaseholders are empowered by the Act by mandating greater transparency and engagement. Leaseholders will benefit from enhanced safety measures and an assurance that their building meets rigorous safety standards.
The Act marks a transformative step towards ensuring the safety of residential buildings in the UK.
The above is a brief overview of the Building Safety Act 2022, if you would like further information or advice in relation to purchasing or selling a flat contained within a high-rise building, please contact the Commercial Property team by calling 0161 330 6821 or emailing bromleys@bromleys.co.uk.