The Building Safety Act (BSA) came into force on 28 April 2022 and brought about long awaited changes following the Grenfell Tower Fire (some of which are subject to subsequent regulations). Its aim is to create a more stringent regulatory regime, particularly for higher-risk buildings (those above 18 meters/7 storeys and with at least 2 residential units) to ensure that residents are safe.
The key relevant developments include:
A new Building Safety Regulator to:
» Oversee (and enforce) the safety and standards of all buildings
» Be the sole planning body for higher-risk buildings
» Improve industry competence.
A new duty holder – the Accountable Person, for occupied buildings, to take reasonable steps to:
» Prevent a building safety risk happening (spread of fire and/or structural failure)
» Reduce the seriousness of an incident if one happens.
The Accountable Person will have to register any existing buildings by October 2023 and then all new buildings before occupation, prepare and submit a safety case, compile a golden thread of information (including details about a building’s construction and emergency procedures) and establish resident engagement and complaints procedures.
New requirements for construction of higher-risk buildings, including various gateways and evidence of compliance requirements.
The limitation period increased for claims under the Defective Premises Act 1972 to 15 years for dwellings and common parts. Claims can also be brought any time in 15 years for breach of the Building Regulations 2010. Liability for past defaults relating to
cladding products now has a 30-year limitation period.
Costs of complying with the BSA can in some cases be passed to tenants. The cost of fixing historical building-safety risks should be borne by the developer or freeholder, but can be passed to tenants where the freeholder is a social landlord who did not build the block (except for cladding costs).
The Regulatory Reform (Fire Safety) Order 2005 has also been amended to clarify it also applies to ‘the external walls of the building, including cladding’ as well as ‘fire doors for domestic premises of multiple occupancy’.
