October 1st Deadline - Building Safety Act 2022 (BSA 2022)

Businesses who own, manage, build and develop blocks of flats and apartments must be fully aware of the significant and imminent revisions to fire safety legislation – section 156 of the Building Safety Act 2022 (BSA 2022) which are due to come into force on 1st October 2023.

The BSA 2022 introduces a rigorous new building safety regime for certain residential buildings, imposing more onerous requirements on those identified as “higher-risk buildings”. 1 October 2023 will bring this new regime into force.

From the 1 October 2023, all new higher-risk buildings must be registered with the BSR. Until the new building has been registered, units must not be occupied. The application to register a higher-risk building should be submitted once a completion certificate has been issued.

What kind of building does the BSA 2022 cover?

The Building Safety Act 2022 defines “higher-risk building” as a building in England that is at least 18 metres in height or has at least 7 storeys and, for the purpose of the part of the new regime that regulates occupied buildings, contains at least 2 residential units.

The Objectives of the BSA 2022

Sadly, it is as a result of the Grenfell Tower tragedy that the legislation was introduced. The objectives include, but are not limited to:-

• improving cooperation and coordination between Responsible Persons (RPs)

• increasing requirements in relation to the recording and sharing of fire safety information thus creating a continual record throughout a building’s lifespan

• making it easier for enforcement authorities to take action against non-compliance

• ensuring residents have access to comprehensive information about fire safety in their building

What must Responsible Persons (RPs) do?

The new legislation has the effect of amending the Fire Safety Order to:

• require that all RPs must record their completed fire risk assessment, and in full (where previously only specific information was required to be recorded)

• require that all RPs must record the identity of the individual (their name), and/or if applicable, their organisation (name) engaged by them to undertake/review any or all of the fire risk assessment

• require that all RPs must record their fire safety arrangements (demonstrate how fire safety is managed in your premises)

• require that all RPs must record (and as necessary update) their contact information, including a UK based address, and share this with other RPs and residents of multi-occupied residential premises where applicable

• require that all RPs must take reasonably practicable steps to ascertain the existence of other Responsible Persons who share or have duties in respect of the same premises, and of Accountable Persons (which are a new legal entity made under the Building Safety Act in the case of higher-risk residential buildings) in relation to the premises – they must then identify themselves to said persons

• require that departing RPs must share all ‘relevant fire safety information’ with incoming Responsible Persons

• require RPs of a building containing two or more sets of domestic premises to provide residents with relevant fire safety information in a format that is easily understood by the residents

• increase the level of fines for some offences

• strengthen the status of statutory guidance issued under Article 50 of the Fire Safety Order

  For further information on the provisions of the Act see the Government guidance.