Building Safety Act

The Building Safety Act 2022 sets out safety requirements for landlords of buildings deemed to be a higher risk by providing additional protections to tenants and leaseholders from fire risks and the financial burden of remedying defects.

Higher risk buildings are categorised as being at least 18 metres or seven storeys high with two or more residential units. The new safety requirements relate to more than just how new buildings are designed during the planning stage or built during construction, as the Act also covers older buildings being lived in by tenants and leaseholders.

Full implementation of the Act begins in October 2023, which means that each building owner covered by the Act should be fully compliant with the new duties by this time.

How will the Building Safety Act affect you?

Some of the leaseholder protections in the Building Safety Act came into force on 28 June 2022. This includes protecting leaseholders from being charged to remove unsafe cladding from their buildings by shifting the burden of remedying safety defects onto developers and freeholders of buildings. The amount that leaseholders can be asked to contribute through their service charge in fixing other historical, non-cladding building safety defects has also been firmly capped.

The owner, housing authority or housing management company will also have to nominate an accountable person who will have an ongoing duty to identify building safety risks and mitigate and improve those risks to ensure the safety of residents living within the building. This accountable person will have to promote engagement through a Resident Engagement Strategy that enables tenants and leaseholders to participate in decisions about the safety risks in their building.

The Act also introduces a new Building Safety Regulator to oversee that the safety responsibilities are being carried out by building owners, and introduces a New Homes Ombudsman, which will help with disputes between homeowners and their building’s developers.

What has the City Corporation already done?

The City Corporation takes fire and building safety seriously. We already have an ambitious fire safety programme, such as installing new fire doors across our estates, retrofitting sprinklers and an ongoing installation programme for smoke, heat and carbon monoxide detectors. We also work closely with the London Fire Brigade to ensure that properties are safe, meet all fire safety regulations and provide advice to residents in keeping themselves and their neighbours safe.

How are we preparing for the Building Safety Act?

As the Act sets out new responsibilities for local authorities in relation to building safety, the City Corporation is preparing for its introduction. This includes:

• Appointing an accountable person for building safety

• Ensuring that building safety risks of high-rise residential buildings in their area are managed effectively

• Ensure that the people responsible for overseeing, managing and delivering works to higher-risk buildings are competent

• Providing information about building safety risks to the new Building Safety Regulator

• Ensuring that higher risk properties are registered with the Building Safety Regulator

by Scott Myers – Strategy & Projects Officer

Scott Myers, Strategy & Project Officer