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How to meet your resident engagement duties under the Building Safety Act 2022. Covers engagement strategies, information provision, consultation requirements, complaints handling, and record-keeping for accountable persons managing higher-risk buildings in England.
You must involve residents in building safety if you manage a high-rise building. Create a written plan explaining how you will communicate, consult on safety decisions, and handle complaints. Give residents key safety information when they move in and when things change. Keep records of your engagement.
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The Building Safety Act 2022 places residents at the heart of building safety management. As an Accountable Person for a higher-risk building, you have legal duties to engage with residents on safety matters, provide them with prescribed information, and respond to their concerns.
These requirements recognise that residents are key stakeholders in building safety. They live in the building, they can identify potential hazards, and they need accurate information to stay safe. The Grenfell Tower Inquiry highlighted that residents' concerns were often ignored before the tragedy - the Building Safety Act ensures this cannot happen again.
Failing to meet your resident engagement duties is a breach of the Building Safety Act. The Building Safety Regulator can take enforcement action, and residents can escalate complaints directly to the Regulator if you fail to respond appropriately.
Resident engagement duties apply to Accountable Persons for higher-risk buildings during the occupation phase. A higher-risk building is one that is:
If there are multiple Accountable Persons for a building (for example, different parties responsible for different parts), the Principal Accountable Person has overall coordination responsibility, but all Accountable Persons must cooperate on resident engagement.
You must develop and maintain a written residents' engagement strategy that explains how you will involve residents in building safety matters. This is not optional - it is a legal requirement under the Building Safety Act.
Your strategy must be proportionate to the size and complexity of your building and the profile of your residents. A large mixed-tenure building with hundreds of residents will need a more sophisticated approach than a small block.
Your residents' engagement strategy should include:
You must keep your strategy under review and update it when circumstances change - for example, if the resident profile changes significantly or if your communication methods prove ineffective.
The Building Safety Act requires you to provide certain prescribed information to residents. You cannot wait to be asked - you must proactively provide this information.
You must give residents the following information:
You must provide this information:
Residents have a legal right to request building safety information from you. You must respond to these requests as soon as reasonably practicable.
Residents can request access to:
You can refuse requests that are unreasonable, vexatious, or would compromise security. However, you must document your reasons for any refusal.
The statutory standard is to respond as soon as reasonably practicable - the law does not prescribe a fixed period. As good practice:
You must consult with residents when making significant decisions about building safety. This is not a tick-box exercise - you must genuinely consider residents' views before making your decision.
You should consult residents when:
Effective consultation means:
You do not have to do whatever residents ask - but you must be able to demonstrate that you took their views into account.
You must have a clear complaints system for residents to raise safety concerns. This is a legal requirement - not having a complaints process is itself a breach of the Building Safety Act.
The law does not prescribe complaint-handling timescales, but as good practice you should:
Every safety concern raised by a resident must be assessed and recorded. Even if you conclude that no action is required, you must document your reasoning. The Building Safety Regulator can ask to see your complaints log and how you responded to concerns.
The Building Safety Regulator has established a Residents' Panel to ensure residents' voices are heard in the development and operation of the building safety regime.
The Panel advises the Regulator on:
As an Accountable Person, you should be aware that residents have a direct channel to the Regulator through this Panel. If residents in your building are experiencing systemic problems with engagement, this may be raised at a national level.
You must keep records of your resident engagement activities. These records form part of the building's golden thread of information and must be available to the Building Safety Regulator on request.
Keep resident engagement records for the entire period you are the Accountable Person for the building. If the Accountable Person changes, these records must be handed over as part of the golden thread information transfer.
Create a written strategy covering communication methods, consultation processes, information provision, and complaints handling. Make it proportionate to your building and residents. Review it annually.
Ensure all residents receive mandatory safety information including evacuation strategy, contact details, fire safety guidance, and their rights. Do this when they move in and whenever information changes significantly.
Implement a clear, accessible complaints procedure with defined timeframes. Publicise it to all residents. Ensure complaints can be made in multiple ways (not just online).
Create systems to log all engagement activities, information requests, consultations, and complaints. These records are part of your golden thread and must be available to the Regulator.
Ensure anyone dealing with residents understands the engagement requirements and can respond appropriately. This includes reception staff, caretakers, and managing agents.
Before making major safety decisions, consult with residents. Give adequate notice, provide clear information, allow time to respond, and demonstrate how you considered their views.
Respond to information requests as soon as reasonably practicable - aiming for 28 days on straightforward requests is good practice, as is acknowledging complaints within 5 working days and providing substantive responses within 20 working days. Document any extensions or refusals.
Regularly assess whether your engagement approach is working. Ask residents for feedback. Update your strategy when circumstances change or it proves ineffective.
Failing to meet your resident engagement duties can result in enforcement action by the Building Safety Regulator. This may include:
The Regulator takes resident engagement seriously. Buildings where residents are not properly engaged are more likely to have unidentified safety risks.