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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