The Building Safety Act 2022 for resident directors

Is your block a higher-risk building?

Under section 65 it is if it is in England, is at least 18 metres in height or has at least 7 storeys, and contains at least two residential units. Regulations set out how height and storeys are counted: height is measured to the floor of the top storey rather than to the roof.

Who the accountable person is

An accountable person is someone who holds a legal estate in possession in any part of the common parts, or who is under a repairing obligation for them (section 72). A company that owns the freehold, or a management company obliged by the leases to repair the common parts, is often one. Where there is more than one, the one responsible for the structure and exterior is the principal accountable person.

What the accountable persons must do

• Register the building with the Building Safety Regulator, with its key building information.
• Assess the building safety risks, the spread of fire and structural failure, as soon as reasonably practicable and then regularly, and take reasonable steps to manage them.
• Prepare a safety case report, and give it to the regulator when asked.
• Apply for a building assessment certificate when the regulator directs.
• Keep the building’s information up to date (the "golden thread").
• Have a residents’ engagement strategy and a way for residents to raise concerns.
• Report serious safety occurrences to the regulator.

Blocks under 18 metres

The higher-risk building regime does not apply, but other parts of the Act and the fire safety rules do. In blocks of at least 11 metres or five storeys, the Act protects qualifying leaseholders from paying for the remediation of historical safety defects such as unsafe cladding, and limits what they can be charged for other defects. Some of these protections work differently where the landlord is owned by the leaseholders themselves: take advice before charging for remediation.

Every block’s fire risk assessment must now be recorded in full, and blocks over 11 metres have regular fire door checks under the Fire Safety (England) Regulations 2022.

If it is not done

The principal accountable person commits an offence if a higher-risk building is occupied but not registered (section 77), and failing in the other duties can be an offence too. The regulator can direct an accountable person to put things right.