-By Nikita Naude
Following the tragic events of the Grenfell Tower fire that resulted in 72 deaths in 2017, the Building Safety Act of 2022 (the “Act”) was introduced to reform building safety laws which, in turn, changes and increases the safety compliance and property management burdens on multi-unit property owners as will be discussed in this article.
The Act is a landmark piece of legislation aimed at transforming how buildings are designed, constructed, and managed in the UK. The Act has the following key objectives:
Safety and Standards of All Buildings: Ensuring high safety standards for all buildings, with a focus on higher-risk structures.
Safety of Higher-Risk Buildings: Assuring the safety of higher-risk buildings throughout construction and occupation.
Improving Competence: Enhancing the competence of individuals overseeing, managing, and delivering works for higher-risk buildings.
Clearer Standards and Guidance: Providing clearer safety standards and guidance to ensure proper compliance.
Resident-Centered System: Placing residents at the core of the new building safety system, ensuring their protection and involvement.
The Act introduces significant changes in how building projects are delivered, particularly regarding the responsibilities and appointments of new duty holders. This will impact most building works across England and Wales. Designers and contractors, provided they are competent, now have additional duties and responsibilities on projects. For building owners of higher-risk buildings, understanding how to manage their buildings post-occupation is crucial, especially in maintaining the "golden thread" of information.
The "golden thread," according to the government, refers to maintaining a digital record of essential building information, starting from the design phase and continuing throughout the building’s lifecycle. This record must be stored digitally, though it can be spread across multiple systems, and consists of two parts: building work and maintenance. Accurate documentation of any modifications or enhancements allows building owners to proactively identify potential risks or hazards, enabling them to take corrective actions if needed in the future. While the golden thread is legally required only for higher-risk buildings, managing this information is crucial for all building projects.
For higher-risk buildings—those at least 18 meters in height or with at least 7 stories and two or more residential units—any planned construction work must adhere to the new building control regime. This involves seeking approval from the Building Safety Regulator before starting work, for any changes during construction, and at practical completion before occupation. The regime also requires new documentation and additional information for applications. This includes ensuring the management of the golden thread and mandatory occurrence reporting, both of which are clearly defined as part of the new requirements.
Owners, managers, and occupants of higher-risk buildings have the following key responsibilities under the Building Safety Act:
Understand Legal Requirements: They must be aware of the legal requirements and their own responsibilities under the Act.
Ensure Governance and Safety Case Development: They must ensure that they or representatives from their company are responsible for overseeing Building Safety Act governance, which includes developing a building safety case.
Maintain the Golden Thread: They are responsible for ensuring that the golden thread of building information is maintained and digitally stored.
Implement Mandatory Occurrence Reporting: They must ensure that a mandatory occurrence reporting procedure is in place to monitor safety and respond to any issues.
In 2025, Building Safety will remain a key focus in the property and construction sectors. Developers, landlords, owners, occupiers, and other industry stakeholders will be awaiting further clarification from the Courts and Tribunals on various aspects of existing building safety legislation. At the same time, additional legislation is anticipated, particularly for high-risk buildings, which may bring new regulations and responsibilities into play for these structures.
At Swann Property, we are eager to assist you to navigate through these and any future regulatory changes to come. Swann Property provides Lettings and Management services to individuals, residential management companies and freeholders in the United Kingdom with a particular focus on leasehold developments.
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