The Building Safety Act 2022: Shaping the Future of Building Safety in 2024

Welcome to the transformative landscape of building safety, ushered in by the Building Safety Act 2022! As of 1st October 2023, this landmark legislation has established a stricter regulatory regime for “higher-risk” buildings—defined as structures at least 18 metres tall or seven storeys high, with two or more residential units. Let's explore the exciting changes and what they mean for 2024.

Who is the Building Safety Regulator (BSR)?

The Building Safety Regulator (BSR), now under the Health and Safety Executive (HSE), is dedicated to overseeing safety and standards across all buildings. Its mission is to enforce the new regime for higher-risk buildings and enhance professional competence in design, construction, and management. This initiative is inspired by Dame Judith Hackitt’s 2018 ‘Building a Safer Future’ report, which advocated for a robust and cohesive approach to building safety, following the Grenfell tragedy.

Empowered to Enforce Compliance

One major criticism of the old system was the weak enforcement of regulations. The Building Safety Act 2022 addresses this with enhanced powers for BSR officers. These officers can inspect premises, collect documents, and seize evidence of violations. For those Accountable Persons who continually fail to meet their obligations, the BSR can appoint a Special Measures Manager to take over the building’s management.

New Offences Under the Act

The Act introduces several new criminal offences, including:

• Obstructing a BSR officer
• Providing false information to the BSR
• Failing to register a higher-risk building by the specified deadlines
• Not providing required information to the BSR
• Allowing occupation without a completion certificate

Penalties are severe, with fines potentially unlimited and jail terms extending up to two years. Additionally, the window for enforcement action has been expanded from one year to a full decade.

BSR's Strategic Enforcement Approach

Since December 2023, the BSR has implemented a strategic approach to enforcement, featuring:

• Compliance Notices: Requiring corrections by specified dates.
• Stop Notices: Halting work until serious issues are resolved.
• Alteration Notices: Demanding changes to offending work.

Ignoring these notices is not just a minor slip-up—it's a serious offence aimed at stopping unsafe practices before they turn into major issues. If a building repeatedly misses the mark on safety standards, the BSR can step in and appoint a Special Measures Manager to take charge. This helps make sure that all necessary safety measures are not just talked about but actually put into place.

These enforcement tactics are designed to be fair yet firm, balancing the need for strict adherence with a mindful approach to economic impacts. The goal is to keep everyone safe without causing undue disruption.

Accountability Across the Board

The Act goes beyond targeting organisations, holding senior individuals accountable as well. If an offence is committed with their consent, connivance, or neglect, they too can face prosecution, aligning with the principles of the Health and Safety at Work Act 1974.

What This Means for People in 2024

For residents and stakeholders, the Building Safety Act 2022 represents a significant advancement in ensuring the safety and integrity of high-rise residential buildings. Enhanced regulatory oversight and the BSR’s robust enforcement powers mean that building owners and managers are now held to higher standards of accountability. This increased scrutiny is designed to prevent tragedies and ensure that buildings are constructed and maintained with the utmost regard for safety.

For building professionals, this new era underscores the importance of adhering to the highest standards in design, construction, and management. Compliance with the Act not only avoids severe penalties but also contributes to a safer living environment for all residents.

As we move further into 2024, staying informed and compliant with these regulations is crucial. The BSR’s efforts aim to create a safer, more secure environment, fostering trust and confidence in building safety practices across the board.

For more information on the BSR’s enforcement policy click link below
enforcement-policy.pdf (hse.gov.uk)