Meet Building Safety Act requirements for higher-risk buildings

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 (an executive non-departmental public body sponsored by the Ministry of Housing, Communities and Local Government). 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.

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.

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 holds a legal estate in possession in the common parts of the building, or has a relevant repairing obligation for any part of those common parts (Section 72 of the Act). 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 is the Principal Accountable Person (PAP). Under Section 73 this is the Accountable Person who holds the legal estate in possession of (or the relevant repairing obligation for) the structure and exterior of the building - typically the freeholder. If it is unclear or disputed who the PAP is, the First-tier Tribunal can make a determination under Section 75. 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 (the deadline for existing occupied buildings was 30 September 2023, and occupying an unregistered building has been an offence since 1 October 2023)

• 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 incidents relating to structural integrity or the spread of fire that risk death or serious injury to a significant number of people
• Apply for a Building Assessment Certificate when directed: The Principal Accountable Person must apply within 28 days of a direction from 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:

Penalties for non-compliance

The Building Safety Act creates criminal offences with severe penalties:

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 September 2023 to register buildings with the Regulator, and occupying an unregistered building has been an offence since 1 October 2023. 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.