Building Safety Act Compliance
The Building Safety Act 2022 created a new duty-holder regime for residential blocks. For higher-risk buildings it is a registration, safety case and engagement obligation with criminal penalties attached. For everything above 11 metres, it changes what you have to record and what you can recover.
Check your building's obligations
Tell us the building height, number of storeys and units, and whether it is already registered. We'll set out what applies and what it takes to close the gap.
Which buildings are in scope
| Building | Regime | Key duties |
|---|---|---|
| 18m+ or 7+ storeys, 2+ residential units | Higher-risk building | Register with the Building Safety Regulator, appoint accountable persons, safety case report, mandatory occurrence reporting, resident engagement strategy |
| 11m–18m | Fire Safety (England) Regulations 2022 | Quarterly communal fire door checks, annual flat entrance door checks, resident fire safety information, building plans for the fire service |
| Under 11m | Fire Safety Order 2005 | Fire risk assessment and general fire precautions |
Accountable persons and the principal accountable person
For a higher-risk building, the accountable person is whoever owns or has repairing obligations for the common parts — frequently the freeholder, sometimes an RMC or RTM company. Where there is more than one, the one responsible for the structure and exterior is the principal accountable person.
The principal accountable person carries the registration duty, the safety case duty and the resident engagement duty. RMC directors are often surprised to learn the role has landed on them; it is not something a managing agent can absorb, though the agent does the work.
The safety case report
A safety case report sets out the fire and structural risks in the building and, crucially, demonstrates that reasonable steps are being taken to manage them. It is assessed by the Building Safety Regulator as part of the building assessment certificate process.
Building it is largely a document-gathering exercise: fire strategy, FRA and actions, compartmentation evidence, external wall assessment, plant and system records, and the golden thread of information going forward.
Service charge and cost recovery
The Act introduced a building safety charge concept and, separately, leaseholder protections that restrict what can be recovered from qualifying leaseholders for relevant defects — particularly cladding remediation.
The practical consequence is that costs need to be categorised correctly before they are demanded. Getting this wrong is the most likely route to a First-tier Tribunal challenge, and to costs the freeholder or developer ends up absorbing.
What we do
- Establish whether the building is higher-risk and who the accountable persons actually are
- Register higher-risk buildings and maintain the registration
- Assemble and maintain the safety case report and the golden thread of information
- Run the fire door check regime at statutory frequency with recorded evidence
- Draft and operate the resident engagement strategy and complaints route
- Categorise costs correctly between service charge, building safety and protected items
- Report open risks and actions to the board every meeting
Frequently asked questions
What is a higher-risk building under the Building Safety Act?
A building at least 18 metres in height, or with at least seven storeys, that contains at least two residential units. Those buildings must be registered with the Building Safety Regulator and are subject to the accountable person and safety case regime.
Who is the accountable person for a block of flats?
The person or organisation that owns or is legally obliged to repair the common parts — usually the freeholder, but it can be an RMC or RTM company. Where several exist, the one responsible for the structure and exterior is the principal accountable person.
Do 11–18 metre buildings have Building Safety Act duties?
They are not higher-risk buildings, but the Fire Safety (England) Regulations 2022 apply: quarterly checks of communal fire doors, annual checks of flat entrance doors, fire safety information for residents, and building plans provided to the fire and rescue service.
Can building safety costs be charged to leaseholders?
Some can, but the leaseholder protections in the Act restrict recovery from qualifying leaseholders for relevant defects, particularly cladding. Costs must be categorised carefully before being demanded, or they are open to challenge.