The Building Safety Act received Royal Assent in April 2022. Following thorough consultation, the secondary legislation was published in August 2023. This Act imposes a legal obligation on all individuals and organizations responsible for occupied high-rise residential buildings, termed as higher-risk buildings, to manage building safety risks throughout design, construction, and continued use, ensuring the safety of residents remains paramount.

Under the legislation's requirements, the Building Safety Regulator is tasked with ensuring that Accountable Persons responsible for occupied higher-risk buildings fulfil their obligations in managing safety risks and keeping residents safe.

Since October 2023, new buildings falling within this regime and completed after this date must be registered before occupation.

Additionally, all existing high-risk buildings must be registered with the Building Safety Regulator and obtain a building assessment certificate. Failure to secure this certificate constitutes a breach of the Accountable Person(s)' responsibilities under the Act and may lead to criminal charges.

What Defines a Higher-Risk Building?

A higher-risk building has at least 7 storeys or is at least 18 meters in height and includes either:

• Hospitals or care homes; and
• Buildings with at least 2 residential units

Notably, hotels, prisons, and military accommodations are not classified as higher-risk buildings.

Across England, approximately 12,500 such buildings exist. The new regulator mandates registration for all of them from April 2023, with a named individual responsible for ensuring their safety.

Regulatory Oversight

The Building Safety Regulator(BSR), operating under the Health & Safety Executive, assumes the role of the building control body for new higher-risk buildings.

All buildings must register with the regulator before occupation. Subsequently, Accountable Person(s) must apply for a Building Assessment Certificate. This process, expected to commence in April 2024, entails detailing the reasonable steps taken to mitigate building safety risks.

Defining the Accountable Person

The Accountable Person, whether an organization or individual, holds legal responsibility for owning or repairing any common parts of the building, encompassing its structure, exterior, corridors, lobbies, and staircases.

This entity may include the freeholder, estate owner, landlord, management company, resident management company, right to manage company, or commonhold association. The Accountable Person may delegate duties to a managing agent but retains ultimate responsibility for ensuring these duties are fulfilled and bears liability for the building's safety.

Requirements Under the Building Safety Act

The Accountable Person must submit all pertinent building information to the Building Safety Regulator and complete its registration in the national register of high-rise, high-risk residential buildings. Since October 2023, obtaining a Building Assessment Certificate has been mandatory.

This certificate application should be prepared when:

• The building is occupied or becomes occupied; and
• The entity becomes the principal accountable person

Building Assessment Certificate

To obtain a Building Assessment Certificate, the Accountable Person must submit a range of information to the Building Safety Regulator within a Safety Case Report.

This report includes:

• Hazard and Major Incident Prevention Plan;
• Fire Risk Assessment;
• Mandatory Occurrence Reporting System;
• Residents' Engagement Strategy;
• Address, height, and number of residential units; and
• Details about the Accountable Person

The principal designer and principal contractor, where applicable, must also support the registration and provide necessary information.

Upon assessment of the submitted information, the Building Safety Regulator issues a Building Assessment Certificate if all standards are met.

Given the significant number of existing eligible buildings across England, estimated at over 12,500, regulators anticipate approximately 5 years to assess them all. New builds must register and apply for a certificate upon occupation, while currently occupied buildings will undergo assessments every five years, with some possibly requiring earlier reassessment depending on specific criteria.

Safety Case Report

For existing structures, the Safety Case Report will manage the risk of fire spread or structural failure. Specialized sub-contractor consultancies may be necessary to provide expertise for comprehensive risk assessment reports.

When evaluating structural elements, consideration must be given to construction nature and materials used, alongside local environmental and historical/geological hazards.

Roberts Environmental Limited's engineers possess diverse expertise to deliver risk assessments with detailed pragmatic reporting, supporting structural hazard assessments for Safety Case Reports.