Definition

The Building Safety Act 2022 received Royal Assent on 28 April 2022. It establishes a new building safety regulatory framework focused on higher-risk buildings (HRBs) — occupied residential buildings of at least 18 metres or seven storeys containing two or more dwellings. The Act was the legislative response to the Hackitt Review following the Grenfell Tower fire in 2017 and creates new roles, gateways, and accountabilities throughout the building lifecycle.

Why this matters for Health and Safety

  • Level 2 application: assessors across construction, building surveying, and project management pathways are testing candidates on the Act; you must name the HRB threshold and explain the gateway regime.
  • The BSR holds enforcement powers over HRBs that did not previously exist, with criminal sanctions for non-compliance.
  • The "golden thread" requirement creates new information management obligations for surveyors in design, construction, and facilities management.
  • Demonstrating awareness of the Act shows assessors you keep pace with major legislative change, satisfying the competence obligation in the RICS Rules of Conduct.

Key principles

Higher-risk buildings and the gateway regime

The Act introduces a mandatory three-gateway regime for HRBs. Gateway 1 requires a fire statement at planning. Gateway 2 is a hard stop before construction: the BSR must approve the design before building work starts. Gateway 3 is a completion certificate the BSR must issue before occupation. Surveyors advising developers must understand these gateways and their programme implications — starting on site without Gateway 2 approval is a criminal offence.

The Building Safety Regulator and accountable persons

The Act creates the role of accountable person — the legal entity responsible for managing building safety risks in the common parts of an occupied HRB, typically the building owner or freeholder. Where there is more than one, a principal accountable person is identified. Accountable persons must register HRBs with the BSR, produce a safety case report, and appoint a building safety manager, creating ongoing compliance work for surveyors.

The golden thread of information

The Act requires a comprehensive digital "golden thread" — drawings, specifications, fire strategy documents, change records, and safety case reports — created and maintained throughout an HRB's lifecycle and handed to the accountable person on occupation. For quantity surveyors and project managers, this means building information management into HRB programmes. For building surveyors, it means checking whether an adequate golden thread exists when taking on existing stock instructions.

Remediation and leaseholder protections

Part 5 creates mechanisms for requiring building owners to remediate unsafe cladding and fire safety defects on buildings over 11 metres, with protections preventing those costs being passed to qualifying leaseholders. Surveyors advising on property transactions or service charge disputes on affected buildings must understand these provisions and their interaction with the Cladding Safety Scheme.

Relevant RICS guidance and legislation

  • Building Safety Act 2022 — the primary statute; legislation.gov.uk.
  • Health and Safety at Work etc. Act 1974 — the foundational statute within which the BSR operates.
  • Construction (Design and Management) Regulations 2015 (CDM 2015) — continue to apply to HRB projects alongside the gateway regime.
  • HSE guidance on the Building Safety Regulator — hse.gov.uk/building-safety.
  • RICS Rules of Conduct (effective 2 February 2022) — the competence obligation requires members to keep pace with major legislation.

Ethics and Rules of Conduct angle

The Building Safety Act 2022 is an ethical response to a systemic failure. Rule 4 of the RICS Rules of Conduct (responsibility to others) is directly engaged: a member who fails to flag gateway requirements or fails to disclose a known fire safety defect during a transaction risks regulatory sanction and criminal liability. Rule 5 makes clear that ignorance of a major statute in one's practice area is not a defence.

APC-style Q&As

Q (Level 1)What is a higher-risk building under the Building Safety Act 2022?

A higher-risk building is a residential building of at least 18 metres in height, or at least seven storeys, containing two or more dwellings. This threshold is essential knowledge — assessors ask for it directly.

Q (Level 1)What is the Building Safety Regulator and who created it?

The BSR is a statutory body created by the Building Safety Act 2022, operating within the HSE. It oversees safety and standards for all buildings in England, with enhanced powers for higher-risk buildings including administering the gateway regime and enforcing against accountable persons.

Q (Level 2)Explain the three-gateway regime and why it matters to a project manager on a residential high-rise scheme.

Gateway 1 requires a fire statement at planning. Gateway 2 is a hard stop before construction: no work may start without BSR design approval. Gateway 3 requires BSR sign-off before occupation. For a project manager, these gateways add regulatory review periods to the programme and require compliant design information at each stage. Starting on site without Gateway 2 approval is a criminal offence.

Q (Level 2)What is the "golden thread" of information, and what obligation does it create for surveyors?

The golden thread is a comprehensive digital record of all information relating to an HRB's design, construction, and management. It must be maintained throughout the building's life and handed to the accountable person on occupation. For quantity surveyors and project managers it creates an obligation to build information management into HRB contracts. For building surveyors, it requires assessing whether an adequate golden thread exists and advising the client accordingly.

Q (Level 3)Your client owns a 20-storey residential block with EWS1 issues and wants to sell. The leaseholders argue they cannot be charged for remediation. Advise the client.

Under Part 5 of the Building Safety Act 2022, qualifying leaseholders in buildings over 11 metres are generally protected from being charged for remediation of relevant defects, including unsafe external wall systems. The client, as landlord, is responsible for funding remediation and cannot pass those costs to leaseholders through service charge. Defects must be remediated or fully disclosed with a remediation plan before the building can be sold. I would advise the client to seek specialist legal advice on leaseholder protections and commission a fire engineer to quantify the remediation liability before marketing.