The Building Safety Act (BSA) 2022 and its subsequent regulatory framework mark the most comprehensive overhaul of construction safety in decades—reshaping how buildings are designed, constructed, and maintained
For senior leaders across the construction, design, and property management sectors, understanding these changes is not optional; it’s a legal and moral imperative. This analysis explores the evolving regulatory landscape, key duties for accountable persons, and what the reforms mean for business operations, governance, and professional competency.
Why building safety reform was needed
The tragedy of Grenfell Tower in 2017 exposed deep systemic failures in building safety culture, oversight, and accountability. The ensuing public inquiry laid bare the fragmented nature of regulation—where responsibilities were diffuse, data was incomplete, and oversight bodies were reactive rather than preventative.
In response, the government commissioned the Hackitt Review (2018), which called for a “radical rethink” of the entire system. The Building Safety Act (BSA) 2022 enacts that rethink, aiming to deliver a new safety regime grounded in transparency, accountability, and competence.
Overview of the Building Safety Act 2022
The BSA establishes a new regulatory architecture that governs how buildings—particularly high-rise and higher-risk residential buildings (HRRBs)—are designed, constructed, and managed throughout their lifecycle.
Key objectives include:
- Establishing clear dutyholders with legally enforceable roles.
- Introducing the Building Safety Regulator (BSR), housed within the Health and Safety Executive (HSE), to oversee compliance and enforce standards.
- Mandating competency frameworks for designers, contractors, and building control professionals.
- Strengthening resident engagement and information transparency.
- Embedding a “golden thread” of information, ensuring safety-critical data is maintained and accessible throughout a building’s lifecycle.
The role of the Building Safety Regulator (BSR)
At the centre of this transformation is the Building Safety Regulator, whose remit extends far beyond legacy building control.
The BSR is responsible for:
- Overseeing the safety and performance of all buildings.
- Implementing the new regulatory regime for HRRBs (18m+ or seven storeys or more with residential units).
- Promoting competence across the built environment workforce.
- Overseeing building control professionals through registration and oversight.
This consolidation represents a shift toward centralised accountability—a direct response to the inconsistencies of the previous localised system.
Dutyholders and accountable persons: Who holds the responsibility?
1. Dutyholders (Design and Construction Phase)
These align with the Construction (Design and Management) Regulations 2015 (CDM), including:
- Client
- Principal designer
- Principal contractor
- Designers and contractors
Each must manage risks, maintain competence, and document compliance throughout the project.
2. Accountable person (occupation phase)
For completed buildings, the Accountable Person (AP) assumes ultimate responsibility for managing safety risks associated with the structure and external walls. Where multiple APs exist (e.g., freeholders, managing agents, leaseholders), a Principal Accountable Person (PAP) must be identified.
The golden thread: Information as a safety asset
The “golden thread” of building information refers to the digital record of a building’s design, construction, and maintenance data—capturing everything from fire safety systems to materials used in cladding.
The principle is simple: information must be accurate, accessible, and up to date. For many organisations, this means a significant investment in digital infrastructure and data governance.
Competence: Raising standards across the built environment
A consistent theme throughout the BSA and associated legislation is competence—the assurance that those performing regulated activities are suitably qualified.
The BSR’s registration scheme will oversee accreditation of building control professionals. The Industry Competence Steering Group (ICSG) is developing frameworks that set measurable standards for technical roles.
Gateway system: The three stages of compliance
- Gateway One (Planning Stage): Fire safety must be considered through a fire statement.
- Gateway Two (Pre-construction Stage): Detailed safety information must be approved by the BSR.
- Gateway Three (Completion Stage): The BSR must approve compliance before occupation.
Residents and the right to safety
Resident empowerment is central to the reforms. The BSA mandates that building owners and managers provide clear, accessible information about safety measures and maintenance. Residents also gain statutory rights to raise complaints directly with the BSR.
Enforcement and sanctions
The BSR has significant enforcement powers, including:
- Stop notices and compliance notices.
- Criminal prosecution for serious failures.
- Extended liability periods—up to 30 years for historical defects.
Strategic implications for the sector
Key areas of change include:
- Governance and risk management
- Competence and training
- Digital transformation
- Contractual clarity
- Resident relations
The Building Safety Act is more than regulatory reform—it is a call to leadership. For the construction and property sectors, success depends on embedding a culture of accountability, transparency, and safety throughout every project phase.
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