Does the Building Safety Act Apply to Me? UK Compliance Guide
The Building Safety Act 2022 introduced sweeping changes to building safety regulations in England following the Grenfell Tower tragedy. If you own, manage, or are responsible for a building, you need to understand whether these new rules apply to your property — and what you must do if they do.
The Act creates new legal duties, establishes powerful enforcement bodies, and introduces criminal penalties that can reach the Crown Court. Getting this wrong isn't just about fines — it's about the safety of everyone who lives or works in your building.
What is the Building Safety Act 2022?
The Building Safety Act 2022 represents the most significant overhaul of building safety regulation in decades. It applies only to England and introduces a new regulatory framework managed by the Health and Safety Executive (HSE) acting as the Building Safety Regulator.
The Act creates three key roles:
Client — the person commissioning construction work
Principal Designer — coordinates health and safety aspects of design
Principal Contractor — coordinates health and safety during construction
For existing buildings, it establishes the role of the "Accountable Person" who has ongoing duties to manage building safety risks.
Does the Building Safety Act apply to my building?
The Act applies to two distinct scenarios: new construction and existing buildings. The requirements depend on your building's height and use.
New construction projects
If you're commissioning construction work on a "higher-risk building", the Act applies. A higher-risk building is:
Residential building — at least 18 metres high or 7 storeys
Care home or hospital — at least 18 metres high
This includes new builds, conversions, and major refurbishments. If your project meets these criteria, you become the "Client" under the Act with specific legal duties.
Existing buildings in occupation
For buildings already occupied, the Act creates ongoing duties for "higher-risk buildings" as defined above. If you own or have responsibility for such a building, you may be the "Accountable Person" with legal duties to:
Register the building with the Building Safety Regulator
Assess building safety risks
Take steps to prevent or reduce safety risks
Keep residents informed about safety matters
Who has duties under the Act?
The Act creates different roles with specific responsibilities:
The Client (construction projects)
As the Client, your involvement extends far beyond simply paying for work. The Act recognises that clients have significant influence over project safety through their decisions about time, budget, and design priorities.
Your enhanced duties for higher-risk buildings include:
Pre-construction planning — ensuring adequate time for safety-critical design work
Competence verification — checking that your appointees have specific higher-risk building experience
Resource allocation — providing sufficient budget for enhanced safety measures beyond standard requirements
Information coordination — gathering and sharing detailed building information throughout the supply chain
Gateway compliance — ensuring projects pass through mandatory HSE approval stages
The Client role carries personal liability even if you delegate day-to-day management to others. These duties mirror those under CDM Client duties but with enhanced requirements for higher-risk buildings.
The Accountable Person (occupied buildings)
For occupied higher-risk buildings, the Accountable Person is typically:
Freeholder — if they hold the freehold
Head lessee — if they hold a lease of the whole building
Management company — if appointed to manage the building
If you're a landlord with multiple properties, each higher-risk building requires its own assessment to determine if the Act applies.
Key requirements under the Act
Registration requirements
All higher-risk buildings must be registered with the Building Safety Regulator. This includes providing:
Building information — structure, systems, and safety features
Resident details — numbers and any vulnerable residents
Safety case report — demonstrating how risks are managed
Registration is mandatory and failure to register is a criminal offence.
Safety management requirements
Accountable Persons must establish and maintain safety management systems covering:
Risk assessment — identifying and evaluating building safety risks
Safety measures — systems to prevent or reduce risks
Competent persons — ensuring adequate expertise
Resident engagement — keeping residents informed
This goes beyond traditional fire safety compliance to include structural safety and building systems.
Information and consultation
The Act requires Accountable Persons to:
Provide information — about building safety risks and measures
Establish complaints procedure — for residents to raise safety concerns
Consider resident views — when making safety decisions
Publish contact details — so residents can reach the Accountable Person
How this relates to existing fire safety duties
The Building Safety Act doesn't replace existing fire safety legislation. The Fire Safety Order 2005 still applies, and you may still need a responsible person for fire safety compliance.
However, for higher-risk buildings, the Building Safety Act creates additional layers of regulation. You'll need to coordinate between:
Fire Safety Order duties — managed by the responsible person
Building Safety Act duties — managed by the Accountable Person
Building Regulations — for any construction work
In practice, the same person often holds multiple roles, but the legal duties remain distinct.
Enforcement and penalties
The HSE, acting as the Building Safety Regulator, has significant enforcement powers under the Act:
Civil penalties
Improvement notices — requiring specific actions within set timeframes
Prohibition notices — stopping activities that pose serious risks
Compliance notices — for breaches of registration or information duties
Criminal penalties
The Act creates multiple criminal offences with penalties including:
Unlimited fines — in the Crown Court
Imprisonment — up to 2 years for serious breaches
Company director liability — personal responsibility for corporate failures
The HSE can also apply to the court for remedial orders requiring specific safety improvements at the building owner's expense.
What you need to do now
If you think the Building Safety Act might apply to your building:
Step 1: Determine if the Act applies
Measure your building height (18 metres or 7+ storeys)
Confirm the building use (residential, care home, or hospital)
Check if you're in England (the Act doesn't apply in Scotland, Wales, or Northern Ireland)
Step 2: Identify your role
Are you commissioning construction work (Client)?
Do you own or manage the building (potential Accountable Person)?
Are there multiple people with building responsibilities?
Step 3: Check registration status
Confirm if your building is already registered
If not registered and the Act applies, begin the registration process immediately
Gather required building information and documentation
Step 4: Review existing safety arrangements
Assess current fire risk assessments and safety measures
Identify gaps in building safety management
Review competency of existing safety advisors
Step 5: Engage professional help
The Building Safety Act creates complex legal duties that require specialist knowledge. Unlike simpler compliance requirements, this legislation demands detailed understanding of building systems, risk management, and regulatory procedures.
You'll likely need professional help from:
Building safety consultants — for overall compliance strategy
Structural engineers — for building safety assessments
Fire safety specialists — for fire risk components
Legal advisors — for complex ownership or liability questions
Buildings that don't qualify
Most small and medium businesses won't be directly affected by the Building Safety Act. The 18-metre height threshold means typical:
Offices — under 6 storeys are not affected
Retail premises — unless part of a higher-risk residential building
Industrial units — single-storey warehouses and factories are excluded
Small residential buildings — houses and low-rise blocks remain under existing regulations
However, you still have duties under existing legislation including the Health and Safety at Work Act 1974 and fire safety regulations.
Northern Ireland, Scotland, and Wales
The Building Safety Act 2022 applies only in England. Scotland, Wales, and Northern Ireland have their own building safety reforms:
Scotland — has separate building safety legislation under development
Wales — is consulting on building safety reforms
Northern Ireland — follows separate building regulations
If your building is outside England, check with local authorities about applicable building safety requirements.
The cost of compliance
Compliance with the Building Safety Act involves significant costs:
Registration fees — charged by the Building Safety Regulator
Professional assessments — for safety case reports and risk assessments
Safety improvements — upgrading systems to meet current standards
Ongoing management — annual compliance and monitoring costs
Budget for these costs early. The penalties for non-compliance far exceed the cost of proper compliance, and you cannot recover costs from leaseholders for some historical safety defects.
Next steps
The Building Safety Act represents a fundamental shift in how we regulate tall buildings. If your building qualifies as higher-risk, you cannot afford to wait. The HSE has made clear that enforcement action will follow for non-compliance.
Start by determining definitively whether the Act applies to your building. If it does, begin the registration process and engage competent professional help immediately. This isn't an area where general guidance can substitute for expert assessment of your specific building and circumstances.
Remember that the Act works alongside, not instead of, existing safety legislation. Your fire safety duties remain, and you may need to coordinate multiple compliance regimes for the same building.
If your building requires ongoing safety management, regular staff briefings are essential. Our Fire Safety toolbox talk and Asbestos Awareness toolbox talk provide ready-to-deliver briefings for building managers and responsible persons. Browse all toolbox talks to find what your building needs.
Need help?
The Building Safety Act creates complex legal duties that require specialist interpretation for your specific building. If you're unsure whether the Act applies to you, or you need help understanding your responsibilities, get in touch. We can help you understand what applies to your situation and connect you with qualified building safety professionals in your area.