If you've been counting down the days of Christmas with us, you'll recall that we've already discussed the impact of the Building Safety Act 2022 (the "BSA 2022") on residential buildings that are at least five storeys (or 11 metres) tall, but in today's blog, we go higher still and look at the impact of the BSA 2022 on residential buildings that are seven storeys (or 18 metres) in height, and which will be classified as "higher-risk buildings" for the purposes of the building safety management regime.
Who is responsible for building safety management?
Under the BSA 2022 responsibility for the safety of an occupied residential higher-risk building falls on the Accountable Person, namely the person who holds the freehold of the common parts of the building, including the structure and exterior, or the person responsible for repairing the common parts, perhaps pursuant to a lease of the entirety of the building.
The first duty with which the Accountable Person will need to comply will be to register the higher-risk building with the Building Safety Regulator (the "Regulator"). The current timetable issued by the Regulator suggests that registration for existing occupied higher-risk buildings will open in April 2023 and will need to be completed by October 2023. Where a newly constructed building satisfies the definition of a higher-risk building, from October 2023 it will have to be registered before anyone can take occupation of the building. Owners and developers of higher-risk buildings should bear in mind that a failure to comply with the registration obligation is a criminal offence and will result in imprisonment of up to two years and/or a fine.
What are the duties that fall on the Accountable Person?
In addition to the initial registration of the building with the Regulator, the Accountable Person will need to:
- Assess building safety risks – this risk assessment needs to be undertaken as soon as reasonably practicable after the higher-risk building becomes occupied, and repeated at regular intervals. Following the assessment, the Accountable Person then has to prepare a report, known as the safety case report, identifying the fire and structural hazards that could affect the building, together with details of the steps that they have taken to avoid a major incident at the building. Given the timings for registration outlined above, Accountable Persons may want to start giving some thought to the preparation of the safety case report now, so as to be able to demonstrate compliance by the time the building is registered.
- Take steps to avoid a major incident – if, having completed the assessment for the building, a risk emerges, the Accountable Person is then obliged to take all reasonable steps to prevent a major incident occurring as a result of that risk. This might include carrying out works to the building, and any such steps must be taken promptly, but the Regulator does acknowledge that there may be limits on the additional measures that can be taken, due to cost and feasibility.
- Comply with mandatory reporting obligations – the success of the new safety management regime will depend upon the provision of information concerning building safety risk by the Accountable Person to the Regulator. As such, the BSA 2022 requires the Accountable Person to establish and operate an effective mandatory occurrence reporting system and to maintain up to date information about the building in compliance with these requirements. Any failure by the Accountable Person to comply with this obligation will constitute a criminal offence.
The above is by no means an exhaustive list of the duties of the Accountable Person, but even this snapshot effectively demonstrates just how important this role is to the ongoing safety of higher-risk buildings. The Health and Safety Executive (which performs the role of the Regulator) has now started to release guidance for those undertaking the assessment of building safety risk, and more is to follow in 2023 as the implementation of the BSA 2022 continues at pace.
Links to the previous posts in our Yule Blog series are below – check back tomorrow for our 6th day's post!
HSF Real Estate Development Yule Blog 2022 - previous posts:
For a detailed briefing on the BSA 2022, please request a copy of our BSA Flowchart, which will help you navigate your way through this complicated piece of legislation by emailing realestatepsls@hsf.com or contact:
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Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.