Building Safety Act 2022

As the legislation beds in, its effects are rippling across the construction industry, with particular significance for higher-risk buildings (HRBs) such as high-rise residential developments

Current Legislation: Raising the Bar on Safety and Accountability

At its core, the BSA 2022 is designed to address systemic failures in building safety regulation, with a focus on high risk buildings (HRBS’) defined as buildings at least 18 metres high or seven storeys, containing two or more residential units. The Act introduces a robust new regime, including:

• The creation of the Building Safety Regulator (BSR), under the Health and Safety Executive, tasked with overseeing safety and standards for all buildings and enforcing a more stringent regime for HRBs. They also administer the gateway approval process.
• Clearer responsibilities for duty holders throughout the lifecycle of a building, from design and construction through to occupation and ongoing management. Duty holders now include the client, the BRPD, the BRPC, designers and contractors.
• The requirement for a golden thread of digital safety information, maintained throughout a building’s design, construction & operation, ensuring transparency and
• A new gateway approval process at key stages of development for HRBs, ensuring safety is considered at every stage and that non-compliance can be halted before it becomes systemic

The Act also extends the limitation period for claims under the Defective Premises Act 1972, allowing homeowners to bring claims against developers and contractors for up to 30 years after completion—an unprecedented move that significantly increases liability risk for the industry.

It is also worth noting that the Act also has requirements for all other types of development, classed as non-HRB’s. While these developments do not need gateway approval, they do require professionals to have significant experience in the tasks they are undertaking, a BRPD to be appointed and for clients to satisfy themselves that their consultant & contractor appointments have the require competencies.

Brookbank’s stance

Brookbank’s stance is to actively embrace the new legislation, supporting team members in developing the necessary knowledge and skills to meet these requirements. The company is committed to ensuring its own compliance by maintaining a library of case studies and CVs as evidence of competence across a wide range of projects, including both Higher-Risk Buildings (HRBs) and non-HRBs. Brookbank is also dedicated to increasing awareness among key clients involved in the development and design of HRBs, ensuring that both consultants and contractors understand the requirements of the Golden Thread and assisting clients with the collation and review of this essential information. The team possesses a holistic understanding of design, detail requirements, and Building Regulations, enabling them to effectively navigate the gateway process, particularly Gateway 2 and provide comprehensive support on key areas such as Part L, Part O, Part M, and Part F of the regulations. Furthermore, Brookbank is implementing new services for key clients working on large schemes, offering Technical Advisory and Quality Monitoring throughout RIBA Stages 4 to 6. By taking this approach, the company helps clients reduce risks and mitigate future limitation claims related to M&E installation and building services.

Conclusion: Towards a Safer, More Accountable Built Environment

The Building Safety Act 2022 is a landmark piece of legislation, ushering in a new era of accountability, transparency, and resident empowerment in building safety. While its implementation presents significant challenges for industry stakeholders, particularly in the context of HRBs – it also offers an opportunity to rebuild trust and deliver safer homes for all.

The journey to full compliance will be complex, but the direction of travel is clear: safety, competence, and accountability must be at the heart of every project, from inception to occupation and beyond. The industry’s ability to rise to this challenge will define the legacy of the Act and the safety of generations to come