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Understanding the Buildings Safety Act 2022: What You Need to Know

19 February 2025

The Buildings Safety Act 2022 was introduced to improve building standards, ensure construction materials are safe, and protect the people living in buildings.

This legislation came into force on April 1, 2023, following concerns raised after the Grenfell Tower disaster in 2017. It aims to improve the design, construction, and management of higher-risk buildings.

Key Aspects of the Buildings Safety Act

The Buildings Safety Act 2022 brings significant reforms to building safety regulations in England and Wales, focusing on improving standards and accountability in the construction industry. It includes legal and financial consequences, such as fines and even imprisonment, for serious breaches.

Here are the main changes introduced by the Act:

1. New Regulatory Bodies

Three new organisations have been created to oversee building safety:

• Building Safety Regulator – Ensures safety and performance standards are met.
• National Regulator of Construction Products – Monitors the quality and safety of building materials.
• New Homes Ombudsman – Handles complaints related to newly built homes.

2. Clear Accountability for Builders and Contractors

Construction companies, principal designers, and contractors are now legally responsible for managing safety risks during the design, construction, and completion of buildings. Failing to comply could result in criminal charges.

3. Responsibilities for Building Owners

Building owners must take appropriate measures to manage safety risks, especially in high-rise buildings. They are also required to contribute financially to fixing safety issues in their properties.

4. Protection for Leaseholders

The cost of fixing historical building safety defects, including cladding removal, is the responsibility of building owners—not leaseholders. This ensures that residents are not unfairly burdened with expensive safety remediation costs.

5. Resident Engagement

People living in high-rise buildings now have a greater say in their safety. Property managers must listen to and address residents' concerns to improve building security.

6. Safer Construction Materials

Manufacturers of construction products must follow stricter regulations to ensure materials are safe for use in building projects.

7. Developer Tax and Levy

Developers are now required to pay a new tax and levy to help cover the costs of fixing past building safety failures.

What Buyers and Sellers Need to Know

If you’re buying or selling property, here are some key points to consider:

• Building Safety Certificate – High-risk buildings must have a Building Assessment Certificate from the Building Safety Regulator. Buyers should confirm this document is available before purchasing.
• Fire Safety and Cladding – Check whether cladding remediation work has been completed or is planned. The Fire Safety (England) Regulations 2022,  introduced alongside the Act require building owners to conduct risk assessments and have evacuation plans in place.
• Responsibility for Costs – While developers and building owners are primarily responsible for covering remediation costs, some leaseholders may still be charged. Buyers should review any related service charges.
• Building Management and Compliance – Every building must have an Accountable Person responsible for managing safety risks. Buyers should check how this role impacts ongoing maintenance costs.
• Property Value and Marketability – Buildings that do not meet safety standards may be harder to sell or mortgage. Buyers should confirm lender and insurance requirements before making a purchase.

Compliance is Key

The Buildings Safety Act enforces strict rules to ensure safety at all stages, from design to occupancy. Ignoring these regulations can lead to severe penalties, including fines and imprisonment. Whether you’re a developer, building owner, or resident, understanding and following these laws is crucial to ensuring safer buildings for everyone.

Our property team provides the highest level of professional and personal service. We deal with all aspects of property transactions. Contact us here: Contact Us AB Solicitors For Your Legal Needs

 

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