Building Safety Act 2022

Part 1 — Introduction

Overview of Act

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• (1) This Act has 6 Parts, and contains provisions intended to secure the safety of people in or about buildings and to improve the standard of buildings.

• (2) Part 2 contains provision about the building safety regulator and its functions in relation to buildings in England.

• (3) Part 3 amends the Building Act 1984.

• (4) Amendments made by Part 3—

• (a) provide that the regulator is the building control authority in relation to higher-risk buildings in England, and

• (b) require the regulator (for England) and the Welsh Ministers (for Wales) to establish and maintain registers of building control approvers and building inspectors.

• (5) Part 4 is about occupied higher-risk buildings in England, and imposes duties on accountable persons.

• (6) Part 5 contains further provisions, including—

• (a) provisions about remediation and redress;

• (b) provision requiring a new homes ombudsman scheme to be established;

• (c) powers to make provision about construction products;

• (d) further provision about fire safety;

• (e) provision about the regulation of architects;

• (f) provision about housing complaints.

• (7) Part 6 contains general provisions.

Part 2 — The regulator and its functions

The regulator and its general functions

The building safety regulator

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• (1) In this Part “the regulator” means the Building Safety Regulator.

• (2) Schedule 1 contains amendments of provisions of the Health and Safety at Work etc Act 1974 ....

The regulator: objectives and regulatory principles

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• (1) The regulator must exercise its building functions with a view to—

• (a) securing the safety of people in or about buildings in relation to risks arising from buildings, and

• (b) improving the standard of buildings.

• (2) In exercising a building function (other than an excepted function), the regulator must have regard to the following principles—

• (a) regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and

• (b) regulatory activities should be targeted only at cases in which action is needed.

• (3) The duty in subsection (2) is subject to any other requirement affecting the exercise of the function.

• (4) In subsection (2) “excepted function” means—

• (a) a function under any of sections 4 to 6, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this Part “building function” means—

• (a) any function of the regulator under, or under an instrument made under, this Act or the Building Act 1984;

• (b) any prescribed function of the regulator;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to facilitate building safety: higher-risk buildings

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• (1) The regulator must provide such assistance and encouragement to relevant persons as it considers appropriate with a view to facilitating their securing the safety of people in or about higher-risk buildings in relation to building safety risks as regards those buildings.

• (2) The assistance and encouragement that must be provided under subsection (1) includes, in particular, assistance and encouragement with a view to facilitating securing the safety of disabled people in or about higher-risk buildings in relation to building safety risks as regards those buildings.

• (3) For this purpose “relevant persons” means—

• (a) residents of higher-risk buildings within the meaning of Part 4,

• (b) owners of residential units in such buildings,

• (c) persons who are accountable persons within the meaning of Part 4, and

• (d) persons upon whom duties are imposed by virtue of paragraph 5B of Schedule 1 to the Building Act 1984 (dutyholders).

• (4) In subsections (1) and (2)—

• “building safety risk” has the meaning given by section 62;

• “disabled”: see section 30;

• “higher-risk building” means—a higher-risk building within the meaning of Part 4 (see section 65), ora higher-risk building within the meaning of the Building Act 1984.

• (5) Parts 3 and 4 confer further functions on the regulator in relation to higher-risk buildings.

Duty to keep safety and standard of buildings under review

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The regulator must keep under review—

• (a) the safety of people in or about buildings in relation to risks as regards buildings, and

• (b) the standard of buildings.

Facilitating improvement in competence of industry and building inspectors

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• (1) The regulator must provide such assistance and encouragement as it considers appropriate to—

• (a) persons in the built environment industry, and

• (b) registered building inspectors,

with a view to facilitating their improving the competence of persons in that industry or members of that profession (as the case may be).

• (2) For the meaning of “the built environment industry” and “registered building inspector” see section 30.

Proposals and consultation relating to regulations

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• (1) This section applies to regulations under—

• (a) this Part, or

• (b) any provision of Part 4 except section 62, 65 or 68.

• (2) The regulator may at any time make proposals to the Secretary of State for the making of regulations.

• (3) Before making a proposal, the regulator must consult such persons as it considers appropriate.

• (4) Before making regulations, other than regulations proposed by the regulator, the Secretary of State must consult—

• (a) the regulator, and

• (b) such other persons as the Secretary of State considers appropriate.

Duty to establish system for giving of building safety information

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• (1) The regulator must make arrangements for a person to establish and operate a voluntary occurrence reporting system.

• (2) A “voluntary occurrence reporting system” is a system to facilitate the voluntary giving of information about building safety to the person who operates the system.

Committees

Residents’ panel

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• (1) The regulator must ... establish and maintain a committee to be known as the Building Advisory Committee, with the following function.

• (2) That function is to give advice and information to the regulator about matters connected with any of the regulator’s building functions except its functions relating to the competence of—

• (a) persons in the built environment industry, and

• (b) registered building inspectors.

• (3) The Building Regulations Advisory Committee for England, established under section 14 of the Building Act 1984, is abolished.

Committee on industry competence

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• (1) The regulator must ... establish and maintain a committee concerned with the competence of persons in the built environment industry (“industry competence”), with the following functions (and any other function that the regulator considers appropriate).

• (2) The functions are—

• (a) monitoring industry competence;

• (b) advising the regulator in relation to industry competence;

• (c) advising persons in the built environment industry in relation to industry competence;

• (d) facilitating persons in the built environment industry to improve industry competence;

• (e) providing guidance to the public (or a section of the public) about ways of assessing the competence of persons in the built environment industry;

• (f) carrying out analysis and research in connection with a function mentioned in any of paragraphs (a) to (e).

Residents’ panel

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• (1) The regulator must ... establish and maintain a committee with the functions mentioned in this section (and any other function that the regulator considers appropriate).

• (2) The committee is to consist of—

• (a) such residents of higher-risk buildings as the regulator considers appropriate, and

• (b) such relevant persons (if any) as it considers appropriate.

• (3) The regulator must take all reasonable steps to ensure that the committee includes—

• (a) one or more residents of a higher-risk building who are disabled,

• (b) a body that represents, supports or promotes the interests of any description of disabled people that includes residents of higher-risk buildings, or

• (c) a member of a body within paragraph (b).

• (4) The committee is to give advice to the regulator about such matters connected with the regulator’s building functions and relating to higher-risk buildings as the regulator may specify.

• (5) The regulator must consult the committee before issuing or revising any of the following—

• (a) guidance to residents of higher-risk buildings about any of their rights or obligations under Part 4 or regulations made under that Part;

• (b) guidance relating to any duty under regulations made under section 89 to give information or documents to residents of higher-risk buildings or owners of residential units in such buildings;

• (c) guidance relating to any of sections 91 to 93 or 95 or regulations made under any of those sections (engagement with residents etc, and residents’ duties).

• (6) If the committee has not been established at a time when the regulator has prepared guidance to which subsection (5) applies—

• (a) that subsection has effect as if it did not require the committee to be consulted before the guidance is issued, and

• (b) the committee must be consulted in relation to the issued guidance as soon as reasonably practicable.

• (7) See also—

• (a) section 17(3) (duty to consult committee about regulator’s strategic plan);

• (b) section 94(2) (duty to consult committee about regulator’s complaints system).

• (8) In this section—

• “higher-risk building” has the same meaning as in Part 4 (see section 65);

• “relevant person” means—an owner of a residential unit in a higher-risk building,a body that represents, supports or promotes—the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, orthe interests of any description of persons that includes a description of such residents or owners, ora member of a body within paragraph (b).

Committees: power to amend or repeal

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• (1) The Secretary of State may by regulations amend or repeal any of sections 9 to 11 (provision about specific committees).

• (2) But regulations repealing section 9, 10 or 11 may be made only if the regulator has made a proposal to the Secretary of State for the making of such regulations (as to which see section 7(2)).

• (3) Regulations under this section may make consequential amendments of this Act.

Staffing etc

Local authorities and fire and rescue authorities: assistance etc to regulator

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• (1) A relevant authority may at the request of the regulator do anything for the purpose of—

• (a) facilitating the exercise by the regulator of a relevant function, or

• (b) enabling the relevant authority to facilitate the exercise by the regulator of a relevant function.

• (2) The regulator may, for a purpose mentioned in paragraph (a) or (b) of subsection (1), direct a relevant authority to do anything specified in the direction.

• (3) The direction may specify the way in which, and the time by which, the thing is to be done.

• (4) A direction—

• (a) may be given only if the regulator considers that it is expedient for the authority to do the specified thing, and

• (b) must state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise.

• (5) A direction may be given only with the consent of the Secretary of State.

• (6) Before giving a direction, the regulator must—

• (a) make a written request under subsection (1) for the authority to do the thing, and

• (b) have regard to any written representations made by the authority in the period specified in the request.

• (7) A request under subsection (6)(a) must—

• (a) state that the regulator may seek consent to give a direction under this section if the request is not complied with,

• (b) state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise, and

• (c) specify a reasonable period for the authority to make any representations as to why it should not do the thing requested.

• (8) In this section—

• “relevant authority” means a local authority or fire and rescue authority;

• “relevant function” means— a function of the regulator relating to— the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or higher-risk building work (as defined by section 91ZA of the Building Act 1984), or in the case of a local authority, a function of the regulator relating to the regulation of any work for which the regulator is the building control authority by virtue of section 91ZB of the Building Act 1984.

• (9) A direction or consent under this section must be in writing.

FSO authorised persons: assistance etc to regulator

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• (1) An FSO authorised person may at the request of the regulator do anything for the purpose of—

• (a) facilitating the exercise by the regulator of a relevant function, or

• (b) enabling FSO authorised persons to facilitate the exercise by the regulator of a relevant function.

• (2) In this section—

• “FSO authorised person” means a person authorised as mentioned in article 25(1)(e) of the Regulatory Reform (Fire Safety) Order 2005;

• “relevant function” means a function of the regulator relating to— the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or higher-risk building work (as defined by section 91ZA of the Building Act 1984).

Provision of assistance etc: supplementary

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• (1) This section supplements sections 13 and 14.

• (2) A relevant authority must ensure that any of its staff involved in providing relevant assistance to the regulator have the appropriate skills, knowledge, experience and behaviours.

• (3) For this purpose “relevant assistance” means anything done by the authority pursuant to a request or direction, for the purpose of facilitating the exercise by the regulator of a relevant function.

• (4) The Secretary of State may by regulations make provision about the reimbursement by the regulator of expenditure incurred by relevant authorities in complying with requests or directions.

• (5) The Secretary of State may pay a relevant authority such amount as the Secretary of State considers appropriate in respect of things done by the relevant authority in complying with a request or direction.

• (6) The Secretary of State may by regulations make further provision in relation to requests and directions, including in particular provision about—

• (a) things done by a relevant authority in connection with a request or direction;

• (b) things done by an FSO authorised person in connection with a request.