Supporting building and fire safety excellence in tall residential buildings in England
The Building Safety Act 2022 introduced the concept of a Building Safety Director for resident-led organisations (RMCs and RTM companies), recognising the potentially limited competence of some resident directors in managing and discharging their building safety duties under the new regime.
However, it is important to be clear about the current legal position:
While Section 111 of the Building Safety Act 2022 is in force and establishes a framework for the appointment of a Building Safety Director by Resident Management Companies (RMCs) that are accountable persons for higher-risk buildings, the section is dependent on secondary legislation to prescribe eligibility criteria, appointment and removal processes and entitlement to remuneration.
No such regulations have been made to date. As a result, arguably section 111 cannot currently be implemented in practice, and there is no underlying statutory framework by which an RMC can formally appoint a Building Safety Director in the manner envisaged by the Act.
Related provisions in the Act that rely on the appointment of a Building Safety Director such as service charge recovery of costs (section 112), and relief from personal criminal liability for unpaid officers (section 161(4)) are therefore not currently available.
While the legislation makes clear the intention to support resident-led organisations by enabling them to appoint a suitably skilled director for building safety purposes, this intention has not yet been given full legal effect. Until the necessary regulations are made, RMCs and RTM companies remain responsible for ensuring they have access to competent advice and support, typically through engaging a competent person or organisation directly, or via their managing agent.
What RMCs and RTMs Should Do Now
In the absence of the regulations, resident directors remain fully responsible for discharging their duties under the Building Safety Act, the Fire Safety Order, and associated legislation.
Where RMCs or RTMs lack the competence, capacity, or confidence to manage building safety effectively, they are strongly encouraged to engage a competent person or organisation, either:
to support them in fulfilling their statutory duties as Accountable Persons (APs) or Principal Accountable Persons (PAPs). This reflects the “intelligent customer” principle embedded within the building safety regime.
Next Steps
Government has confirmed that a future consultation will set out the detail of proposals to be included in regulations to formally introduce the Building Safety Director role. Until those regulations are made, the role remains conceptual rather than legally actionable.
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In April 2026, long-awaited regulations to improve the fire safety of disabled and vulnerable people in England’s high-rise housing will come into force.
It means those responsible for fire safety in these buildings, known as responsible persons (RPs) in law, face a raft of new duties. The Responsible Person (RP) for a block would usually be its owner or manager.
The rules will apply to two types of flats: blocks that are 18 metres or seven storeys or higher, and smaller buildings over 11 metres or five storeys that have simultaneous evacuation strategies in place.
On 2nd December 2025, MHCLG released more detailed guidance explaining the responsibilities of responsible persons, advising them how to meet these responsibilities and the role of other groups including residents and fire authorities.
As part of a series of free expert-led webinars to support industry on a range of key building control topics, the BSR is running a webinar dedicated for consultants on early learsnings from Building Assessments Certificate applications, on 2nd October 2025 (10am - 12pm).
The webinar will help consultants understand the regulator's expectations of how you can support principal accountable persons and accountable persons to comply with the law, without gold-plating requirements.
The session will cover the trends of what the BSR is seeing and guide you through good practice to increase the success rate of applications. The webinar includes a live Q&A, giving you the opportunity to ask questions and get the answers you need.
Consultants can register through this link: Consultants and BAC applications: Early learning which will take you to the registration portal. After registering you’ll receive a confirmation email which includes information about how to access the attendee hub where the webinar will take place.
This guidance is issued by the Secretary of State in accordance with Article 50 of the Regulatory Reform (Fire Safety) Order 2005 (the FSO).
This is a revised version of guidance on the Fire Safety (England) Regulations 2022, which was first published in January 2023.
The guidance has been revised in the light of government concerns regarding a misunderstanding of the scope and intent of the Regulations, which has resulted in burdens on leaseholders, who have been advised to replace flat entrance doors that were not manufactured, and certificated, in accordance with current standards for new fire-resisting doors.
The Construction Leadership Council (CLC), in collaboration with industry experts and the Building Safety Regulator, has released new guidance to support Building Control Approval Applications for new Higher-Risk Buildings (Gateway 2).
This practical resource sets out the core principles for submitting and assessing applications — helping ensure the right information is provided at the right time.
You can: