What is The Building Safety Act 2022?
The Building Safety Act 2022 (“BSA 2022”) was introduced as to reform the building safety legislation after the Grenfell Tower disaster in 2017. This Article aims to reflect on the BSA 2022 and its progression however, it will discuss the advantages and disadvantages. Furthermore, this article will aim to address how the BSA 2022 will affect commercial, residential and domestic buildings.
Why was the BSA 2022 created?
The Building Safety Act 2022 was recommended by Dame Judith Hackitt in her 2018 review of fire safety and building regulations. As mentioned, due to the tragic Grenfell Tower disaster in 2017. Grenfell Tower was a 23-storey tower block in North Kensington, West London and on the date of June 14th, 2017, a fire ignited leading to 72 deaths and many more injured.
This had led to BSA 2022 being introduced into Parliament in July 2021, which aimed to implement new duties for the management of fire and building safety in high-rise residential buildings from the 1st of April 2023. This is one of many pieces of legislation that are being enforced by the Government to intensify the rules and regulations of Building Safety including the Fire Safety Act 2021. This Act is to ensure that individuals feel safe and that homes are constructed to a more efficient, safe standard. This overview of the Act is listed within the BSA 2022-part 1 section 1.
Who is the BSA 2022 for?
The BSA 2022 concerns owners and managers who build homes, flats, apartments and residential properties. This concerns those who commission building work and who coincide with the design and construction process, including clients, designers and contractors.
How does the BSA 2022 protect residents?
The aim of the BSA 2022 is to improve the safety and standards of all buildings, especially the higher-risk buildings. The Act is there to prioritise residents over dangers that would occur if a building was poorly constructed. Moreover, the BSA 2022 is there to hold those individuals accountable for poor quality standard of work that does not meet the criteria of new building regulations.
The BSA applies to new or existing occupied buildings that are over 18 metres high or seven storey or more, which contain at least two residential units. An example of this may be care homes and hospitals who meet the height threshold. To expand upon this, ‘a high risk building’ is when there is a building that is at least 18 metres in height or has at least 7 storeys and contains at least two residential units.
The BSA 2022, Part 2 of the regulator and its functions describes who is the regulator which is the health and safety executive. The regulator has the duty to secure the safety of people within that building and to improve that standard of that building. The regulator must provide ‘assistance and encouragements as it considers appropriate’, which yet again emphasises that people who are living in large buildings have the right to feel safe and secured.
Furthermore, the BSA 2022 aims to have “up to date” information of how the buildings should be constructed. It is known to be a ‘golden thread of information’ which is implemented to ensure safety of individuals. The main goal is to ensure that buildings aren’t poorly constructed putting tenants as a greater risk of danger which leads to death.
Disadvantages of the BSA 2022
Richard Snape on his podcast “Conveyancing Coffee Break”, addresses that part 5 of the act is very confusing. This is because in Wales the legislation of the height of the building has been delegated to the Welsh Government, but nothing has been said at the moment, which leaves individuals in a confused state as to what height they can build their property. In England, a relevant building must be at least two dwellings or 11 meters in height. The height of the building is not extremely clear within the Act.
Although the BSA 2022 goes into great depth, it unfortunately has many pages and can be very lengthy to read meaning it could be difficult for a lay individual to understand and apply to their work. Those who design and construct high risk buildings have a duty and responsibility to comply with building regulations and reduce risks; unfortunately with such a lengthy document, many individuals may struggle to adhere to the legislature that has been created by Parliament.
Advantages of the BSA 2022
The BSA 2022 has new provisions that limit residential leaseholder liability for defective cladding in existing buildings, and powers to prohibit developers from carrying out developments if they have failed to contribute sufficiently to the remediation of their existing defective buildings. This is a key advantage to individuals, who do not have to live in unsafe environments.
Moreover, the act contains a range of changes that are implemented to secure controls over all actors who participate in the building process. For instance, the requirements for the following categories of duty holder under the Construction (Design and Management) Regulations 2015 (“CDM 2015”):
- Principal Designer
- Principal Contractor
- Designers and Contractors
The requirements are firmer for these high-risk buildings. If there is more than one contractor, the client must appoint a Principal Designer and Principal Contractor. The clients would be required to sign a declaration that they are satisfied that the Principal Designer, Principal Contractor and those carrying out the building work are performing acceptable work.
Conclusion – Does the BSA 2022 protect residents?
The BSA 2022 applies to ALL buildings, which makes the Building Safety Regulations responsible for all the performance of the building control sector. This ensures standards are met and better building standards as a whole. It ensures less incidents such as the tragic Grenfell disaster reoccur, and the safety of individuals are prioritised. The BSA is a piece of legislation that has been implemented so there is a system that builders and contractors must adhere to. It upholds the integrity of the law and prosecutes those individuals who do not fulfil their obligations.
Need help with anything related to the BSA 2022?
If you need assistance with anything related to the BSA 2022, you can contact one of SMQs solicitors, who will be happy to assist you.
If you are a tenant seeking assistance, you can contact our Landlord & Tenant solicitors.