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Legislation, Regulations & Guidance

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  • Building Safety Director – Current Legal Position

    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:

    • directly by the company, or
    • through their appointed managing agent,

    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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  • Building Safety (Wales) Bill Published

    The new Building Safety (Wales) Bill introduces a new safety regime for multi-occupied residential buildings in Wales, with a strong focus on resident safety, accountability, and regulatory enforcement. It builds on the Building Safety Act 2022 and responds to findings from the Hackitt Review and the Grenfell Tower Inquiry.

    Key highlights of the Bill include:

    • New statutory duties for building owners and managers.
    • A tiered system of responsibilities based on building height and complexity.
    • The introduction of duty holder roles such as the Principal Accountable Person (PAP).
    • Enhanced rights and protections for residents, particularly vulnerable groups.
    • Significant implications for developers, including registration and documentation requirements.

    To read the Bill in full, click here

  • Guidance On The Criteria For Being A Higher-Risk Building

    Following the initial statement issued on 18 October 2024, the Ministry of Housing, Communities and Local Government has carefully considered the views expressed by the Tribunal in the First-Tier Tribunal decision dated 03 July 2024. 
     
    The department recognises the need for greater clarity within the legislation.  We are consulting the Building Safety Regulator and other relevant stakeholders on a proposal to amend the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023.

    The aim is to clarify that roof gardens are not considered storeys when determining whether a building is a higher-risk building under section 120D of the Building Act 1984 and section 65 of the Building Safety Act 2022.  
     
    In the meantime, the department’s view remains that roof gardens are not storeys for these purposes.  This is the basis for current government guidance, which the sector and regulatory bodies should continue to refer to.

    Click here to check the criteria for higher-risk buildings under the Building Safety Act.

    • Building Safety Act
    • Legislation, Regulations & Guidance

  • Fire safety: Approved Document B update

    The Ministry of Housing, Communities and Local Government (MHCLG) has released an updated version of Approved Document B (Fire safety) for both Volume 1 (Dwellings) and Volume 2 (Buildings other than dwellings) of the Building Regulations. These consolidated versions incorporate the 2019 edition with the 2020 and 2022 amendments, as well as the upcoming amendments for 2025, 2026, and 2029 - access them here.

    The updated documents use a colour-coding system to indicate when amendments take effect:

    Blue: 2025 amendments (effective March 2, 2025)
    - Focus on Regulation 38 and fire safety information
    - Removal of national classes for reaction to fire and roofs
    - New provisions for sprinklers in care homes

    Purple: 2026 amendments (effective September 30, 2026)
    - Recommendation for multiple common stairs in blocks of flats 18m or taller
    - Building design provisions to support evacuation lifts in blocks of flats

    Orange: 2029 amendments (effective September 2, 2029)
    - Removal of national classes for fire resistance

    These changes, were first announced in a parliamentary statement on September 2, 2024

    • Fire Safety

  • BSR Updates 'Making Buildings Safer' Webpage

    In December 2024,  the BSR updated its Making Buildings Safer webpage, featuring essential information on Building Assessment Certificate applications. 

    The updates include a new video presentation by Tim Galloway, delivered at The Property Institute’s Annual Conference in October, highlighting some of the common pitfalls in certificate applications. You can watch the video here. 

    • Building Safety Regulator
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