Legislation

The Building Safety Act 2022 and higher-risk buildings

The Building Safety Act 2022 is the most significant change to building regulation in a generation. It created the Building Safety Regulator within the Health and Safety Executive, a new gateway regime for design and construction, and an in-occupation regime for higher-risk buildings.

It sits alongside — not instead of — the Fire Safety Order. A higher-risk building has duties under both, and the two sets of documentation must agree with each other.

What counts as a higher-risk building

In occupation, a higher-risk building is one that is at least 18 metres in height or has at least seven storeys, and contains at least two residential units. Care homes and hospitals of that height are captured during design and construction but not by the in-occupation regime.

The accountable person and principal accountable person

The accountable person is whoever owns or has a repairing obligation for the common parts. Where there is more than one, the entity responsible for the structure and exterior is the principal accountable person, and that entity must register the building with the Building Safety Regulator.

The principal accountable person must also prepare a safety case report demonstrating that building safety risks — spread of fire and structural failure — have been identified, assessed and are being managed, and must apply for a building assessment certificate when directed.

The golden thread of information

The golden thread is the requirement to create, keep and hand over accurate, accessible, up-to-date digital information about the building and how it is being kept safe. It is not a folder of PDFs; it is a maintained record that shows the current state of the building and the evidence behind it.

In practice this means as-built drawings, fire strategy, compartmentation records, product and installation records for the alarm and emergency lighting systems, servicing and test histories, defect and remediation logs, and the residents' engagement strategy — all versioned and retrievable.

Mandatory occurrence reporting and resident engagement

Higher-risk buildings must operate a mandatory occurrence reporting system so that safety occurrences — situations that could risk significant numbers of deaths or serious injury — are reported to the regulator.

There is also a statutory duty to engage residents through a residents' engagement strategy and a complaints procedure, with escalation to the regulator. Residents in turn have duties not to damage safety items and to allow reasonable access.

What smaller buildings should take from it

Most premises are not higher-risk buildings and will never register with the Building Safety Regulator. But the direction of travel is clear: evidence-based safety management with a maintained digital record is becoming the expected standard everywhere.

Adopting a golden-thread mindset in a mid-rise block, a care home or a commercial site costs very little and makes every future inspection, insurance review and tender easier to answer.

Need help meeting these requirements?

Lumacore Group carries out fire risk assessments, fire alarm design and maintenance, fire door surveys and emergency lighting testing across Newcastle and the North East, with full digital compliance records.

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FAQ

Building Safety Act 2022: FAQs

No. Higher-risk buildings comply with both. The Fire Safety Order duties, including the fire risk assessment, continue unchanged.

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