Journey
Respond to BSR enforcement action
What to do when you receive enforcement action from the Building Safety Regulator for a higher-risk building.
If the Building Safety Regulator has taken enforcement action
Enforcement action is serious but can be resolved. As an Accountable Person for a higher-risk building, you have legal duties under the Building Safety Act 2022.
Warning: If you have an urgent action notice, take immediate steps to protect residents.
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Identify your notice type
Notice Meaning Response Compliance notice Breaching Part 4 duties Remedy by deadline (typically 28+ days) Urgent action notice A compliance notice marked urgent - imminent danger to residents Act immediately Special measures First-tier Tribunal appointing a manager, on the BSR's application Cooperate; seek legal advice -
Urgent action notices
This means residents face imminent danger. You must:
- Implement protective measures specified in the notice
- Inform residents of the situation
- Seek professional advice from a fire engineer or building safety consultant
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Compliance notices
Common breaches include: building not registered, no safety case report, golden thread deficiencies, no resident engagement strategy, or missing Building Assessment Certificate.
Building Safety Act compliance
Full guidance on meeting your duties under the Act
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Special measures
The BSR can apply to the First-tier Tribunal for a special measures order. If the Tribunal makes the order, it appoints a manager to take over your building safety duties. You lose control but remain liable for costs. Seek legal advice immediately.
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Your rights
- Compliance notice: Appeal to the First-tier Tribunal - the notice states the appeal deadline
- Urgent action notice: Appeal possible, but the notice remains in force unless the Tribunal suspends it
- Special measures: Make representations to the Tribunal before the order is made
Appealing a standard compliance notice suspends it pending the appeal; an urgent action notice is not suspended automatically.
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Getting back into compliance
Address the breach, notify BSR in writing when complied, provide evidence, and keep records in your golden thread.
Accountable Person duties
Understand your duties under the Building Safety Act 2022
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Preventing future enforcement
Review your safety case, audit your golden thread, improve resident engagement, and consider engaging competent building safety support. (There is no statutory "Building Safety Manager" role - the duties remain yours as Accountable Person.)
When to seek legal advice
Seek advice if you believe the notice is wrong, are appealing, have a special measures order, or face prosecution.
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Enforcement can be resolved
Most enforcement situations can be resolved through prompt action. Document everything, meet deadlines, and keep BSR informed of your progress.