Building Safety Act

The Building Safety Act brings forward a significant overhaul to the regulatory system for building safety as recommended by Dame Judith Hackitt in her Independent Review of Building Regulations and Fire Safety. While it is best known for the more stringent regulatory regime for higher-risk buildings that it brings forward, it contains duties for those responsible for building and managing all types of property.

As well as the more stringent regime, the Building Safety Act creates a new regulator in the Health and Safety Executive, protects leaseholders from the costs of building safety remedial works, and extends the Defective Premises Act so that building owners have more routes to pursue those who constructed defective buildings.

The Act received Royal Assent in April 2022 and while it isn’t due to be in full effect until October 2023, some of the regulations that sit under Act are already in effect. These include the regulations that protect leaseholders from building safety costs. It is expected that regulations that bring forward the requirement to register higher-risk buildings with the new regulator will be in effect from April, with a requirement to complete this work by October 2023.

The government consulted on many aspects of the higher-risk regime to inform other upcoming regulations. Read our submission to the consultation on the in-occupation phase for higher-risk buildings and on the building control regime for higher-risk buildings.