Guide
Meet Building Safety Act requirements for higher-risk buildings
How to comply with the Building Safety Act 2022 for higher-risk buildings (18m+ or 7+ storeys). Covers gateway approvals, golden thread requirements, and accountable person duties for building owners, developers and managing agents in England.
Why the Building Safety Act matters
The Building Safety Act 2022 represents the most significant reform of building safety regulation in England for a generation. Created in response to the Grenfell Tower tragedy, it introduces a new regulatory regime specifically for higher-risk buildings - those most vulnerable to fire and structural failure.
If you're developing, constructing, or managing a residential building that's 18 metres or more in height (or 7 or more storeys), you must comply with this new regime. The penalties for non-compliance are severe: unlimited fines and imprisonment for breaches such as starting construction without approval or occupying a building without proper authorisation.
This guide explains who the Act affects, what you must do at each stage of a building's lifecycle, and the consequences of getting it wrong.
What the Building Safety Act does
The Act creates a comprehensive safety regime managed by the Building Safety Regulator (part of the Health and Safety Executive). It covers the entire lifecycle of higher-risk buildings - from initial design through construction to ongoing occupation.
Does your building qualify as higher-risk?
The Act applies to buildings that meet specific height or storey thresholds AND contain residential units. You need to check both during the design phase and again once the building is occupied, as changes during construction can affect the classification.
Crucially, you only need to meet ONE of the two thresholds (height OR storeys) - not both - to trigger the regime, provided the building contains 2 or more residential units.
Common scenarios:
- A 20-metre tower block with 50 flats - higher-risk (exceeds 18m height threshold)
- An 8-storey apartment building that's 16 metres tall - higher-risk (exceeds 7-storey threshold even though under 18m)
- A 10-storey office building with no residential units - not higher-risk (no residential units)
- A 15-metre block with just one penthouse flat - not higher-risk (only 1 residential unit, needs 2+)
Mixed-use buildings (residential and commercial) are assessed based on their residential units only. A 25-metre building with shops on the ground floor and 40 flats above is higher-risk.
The three gateway approval process
If you're developing a new higher-risk building, you must pass through three mandatory approval gateways. Each gateway requires formal approval from the Building Safety Regulator before you can proceed to the next stage. Failing to obtain approval before proceeding is a criminal offence.
What happens at each gateway
Gateway 1 (Planning stage): When you submit your planning application, you must include a fire statement explaining how the building's design addresses fire safety. The local planning authority consults with the local fire and rescue service and building control on fire safety matters before granting permission. This gateway integrates building safety into the planning process from the very start.
Gateway 2 (Pre-construction): Before you can start construction work, you must submit detailed designs, a comprehensive fire safety strategy, and a construction control plan to the Building Safety Regulator. The Regulator has at least 12 weeks to assess your submission. Starting work without Gateway 2 approval is a criminal offence punishable by unlimited fines and imprisonment.
Gateway 3 (Completion): Before anyone can occupy the building, you must demonstrate that it has been built as designed and meets all safety requirements. You submit as-built information, fire safety documentation, and your golden thread records. The Regulator has at least 8 weeks to process this. Allowing occupation without Gateway 3 approval is a criminal offence.
The golden thread requirement
Throughout the design, construction, and occupation of a higher-risk building, you must create and maintain a comprehensive digital record called the 'golden thread'. This isn't just documentation for regulators - it's information that must be accessible to residents and anyone responsible for the building's safety.
What the golden thread must contain
During design and construction, the golden thread must include:
- Design decisions and the evidence supporting them (why did you choose specific materials, systems, or approaches?)
- As-built information showing what was actually constructed (not just what was designed)
- Test results, certification records, and product information for all safety-critical materials
- Changes made during construction and the reasons for those changes
- Records of inspections and quality assurance checks
During occupation, it must also include:
- Operation and maintenance manuals for all building systems
- Records of maintenance, repairs, and modifications made after completion
- Fire risk assessments and safety case reports
- Emergency plans and evacuation procedures
Who's responsible for the golden thread?
Responsibility shifts as the building progresses:
- Design phase: The Principal Designer creates and maintains the golden thread, working with design team members
- Construction phase: The Principal Contractor takes over, updating records as the building is constructed
- Occupation phase: The Accountable Person(s) receive the golden thread at handover and maintain it for the building's lifetime
The golden thread must be written in plain English, accessible to residents, and comply with GDPR data protection requirements. It's not acceptable to maintain technical records that only specialists can understand - residents have the right to know about their building's safety.
Accountable persons for occupied buildings
Once a higher-risk building is occupied, the Building Safety Act creates two key roles responsible for ensuring ongoing safety: the Accountable Person and (for buildings with multiple responsible parties) the Principal Accountable Person.
Who is the Accountable Person?
An Accountable Person is whoever has a legal obligation to repair or maintain the building, or a legal right to do so. This is typically:
- The freeholder (building owner)
- A commonhold association
- A management company
- In some cases, a leaseholder with specific repair obligations
There can be multiple Accountable Persons if different parties are responsible for different parts of the building.
Principal Accountable Person
When there are multiple Accountable Persons, one must be designated as the Principal Accountable Person (PAP). This is usually the person with the most extensive repair obligations - typically the freeholder. The PAP has additional duties including coordinating between all Accountable Persons and acting as the main point of contact with the Building Safety Regulator.
What Accountable Persons must do
Accountable Persons have extensive legal duties:
- Register the building: You must register with the Building Safety Regulator before anyone occupies the building (or within 30 days for existing occupied buildings)
- Assess building safety risks: Conduct regular assessments of fire and structural risks, documenting these in a safety case report
- Manage safety risks: Take all reasonable steps to prevent building safety risks occurring, and have plans to manage risks if they do occur
- Establish a resident engagement strategy: Consult with and provide information to residents about building safety matters
- Maintain the golden thread: Keep building information up-to-date and accessible
- Report safety occurrences: Notify the Regulator of certain events, such as fires or structural failures
- Provide annual reports: Submit mandatory safety reports to the Regulator
Competence requirements
Accountable Persons must either be competent themselves or appoint competent people to help them discharge their duties. The Regulator can take enforcement action if you fail to demonstrate adequate competence.
Action plan for new building projects
If you're developing a new higher-risk building, follow this sequence:
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Confirm building classification early in design
Check height and storey count against the higher-risk building definition. Don't wait until detailed design - classification affects your entire project timeline and budget. If borderline, get written confirmation from Building Safety Regulator.
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Appoint duty holders with Building Safety Act competence
Ensure your Principal Designer and Principal Contractor understand the new regime. Check they have experience with gateway submissions and golden thread systems. Lack of competent duty holders will cause delays at gateways.
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Establish golden thread system from day one
Set up your digital information management system before design work begins. Agree protocols for recording design decisions, capturing evidence, and managing changes. Retrofitting a golden thread later is expensive and error-prone.
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Prepare Gateway 1 fire statement for planning application
Work with your fire engineer to produce a compliant fire statement. Submit with your planning application. Allow extra time for building control and fire service consultations. Incomplete fire statements cause planning delays.
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Submit Gateway 2 application before construction
Prepare detailed designs, fire safety strategy, and construction control plan. Submit to Building Safety Regulator at least 12 weeks before intended construction start date. Do not order materials or mobilise contractors until you have Gateway 2 approval.
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Maintain golden thread during construction
Record all as-built information, changes from design, test results, and product certifications as work progresses. Update regularly - don't wait until completion. Gateway 3 requires comprehensive records.
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Submit Gateway 3 application before occupation
Compile as-built information, safety documentation, and complete golden thread records. Submit at least 8 weeks before intended occupation date. Plan for Regulator queries and potential re-submissions.
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Hand over golden thread to Accountable Person
Transfer complete digital records to whoever will be the Accountable Person (usually the building owner or management company). Provide training on maintaining and updating the system. The Accountable Person is legally responsible for ongoing maintenance.
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Register building with Building Safety Regulator
The Accountable Person must register the building before first occupation. This is separate from Gateway 3 approval. Registration creates ongoing reporting obligations.
Penalties for non-compliance
The Building Safety Act creates criminal offences with severe penalties:
The Regulator also has civil enforcement powers including improvement notices, prohibition orders, and special measures (appointing a manager to take over building safety duties if the Accountable Person is failing to comply).
What to do if you're already constructing or managing a higher-risk building
For buildings under construction when the Act came into force (1 October 2023): Transitional provisions apply. Check with the Building Safety Regulator whether you need to apply for gateway approvals retrospectively or can complete under previous rules.
For existing occupied higher-risk buildings: Accountable Persons had until 30 November 2023 to register buildings with the Regulator. If you haven't registered yet, do so immediately - late registration still triggers enforcement action but is better than never registering. You must also prepare safety case reports and implement resident engagement strategies.
If you're unsure whether your building is higher-risk: Measure carefully and document your assessment. If it's borderline (e.g., 17.8 metres), consider getting surveyed measurements and seeking written confirmation from the Regulator. Being wrong about classification exposes you to enforcement action.