The first anniversary of the Building Safety Regulator’s (BSR) active enforcement marks a watershed moment in the UK’s building safety history. Since April 2024, when the BSR began requesting Building Assessment Certificates (BACs), we’ve witnessed a fundamental shift in how high-rise residential buildings are managed and regulated.
A New Era of Accountability
The past year has seen the BSR establish itself as the cornerstone of building safety enforcement. Their risk-based approach to requesting BACs has prioritised buildings that present the highest potential risks:
- Buildings over 50 metres tall with more than 11 flats
- Buildings 30+ metres tall with more than 227 flats
- Registered buildings that have combustible ACM cladding on the exterior.
- Buildings that have a Large-Panel System structure built between 1956-1973 that have a gas supply to the building and may not have had reinforcement works.
BSR Assessment Criteria
The assessment criteria consist of 126 individual requirements that BAC applications must meet. A multidisciplinary team—including the BSR regulatory lead, fire assessor, and structural assessor—uses these criteria to ensure a comprehensive review. These new requirements demand greater diligence from safety case report authors, requiring adherence to a broader range of compliance standards.
The assessment criteria consist of 126 individual requirements that BAC applications must meet. A multidisciplinary team—including the BSR regulatory lead, fire assessor, and structural assessor—uses these criteria to ensure a comprehensive review. These new requirements demand greater diligence from safety case report authors, requiring adherence to a broader range of compliance standards.
The Safety Case Revolution
The introduction of mandatory safety case reports has transformed how Principal Accountable Persons (PAPs) approach building safety management. No longer is it sufficient to simply comply with basic requirements; PAPs must demonstrate a thorough understanding of their buildings’ risks and implement robust management systems to address them.
These comprehensive documents have set a new standard for documentation and risk management. PAPs must now provide detailed assessments of fire spread and structural failure risks, alongside comprehensive descriptions of safety management systems and emergency planning procedures.
Understanding the Assessment Process
The BSR has established a robust multi-disciplinary assessment framework that brings unprecedented rigour to the evaluation process. A team comprising regulatory leads, fire assessors, and structural assessors scrutinises each Building Assessment Certificate application through different lenses. This comprehensive approach ensures no aspect of building safety is overlooked.
The process for BAC applications has been well established by the BSR. The process begins with a notification three months prior to the formal invitation, providing valuable preparation time. After the initial invitation is received, Principal Accountable Persons have a 28-day window, with a reminder 6 days before the deadline, to compile and submit their application. Several months after submission, the BSR may request additional information with just a seven-day response window.
The BSR’s assessment criteria, released early this year, was a significant milestone for BAC applications. Principal Accountable Persons must demonstrate not only their understanding of building safety risks but also provide clear evidence of how these risks are being managed. The criteria examine everything from the clarity of building information and services documentation to the robustness of risk assessments and safety management systems.
Enforcement
The BSR’s ability to impose unlimited fines and, in serious cases, imprisonment for non-compliance has created a powerful incentive for organisations to prioritise building safety.
However, questions are emerging about the BSR’s enforcement plans. Despite the strict 28-day submission window and the complexity of BAC applications, there have been no public notices of fines or enforcement actions, even though industry insiders suggest there must have been late submissions. This could indicate either a lenient approach during this first year of implementation, allowing organisations time to adapt to the new regime, or perhaps a focus on working collaboratively with PAPs to achieve compliance rather than immediate enforcement.
Putting Residents First
One of the most significant developments has been the elevation of resident engagement from a peripheral concern to a fundamental requirement. The BSR’s requirements have made it clear that effective resident engagement isn’t just about ticking boxes, it’s about creating a collaborative safety culture and demonstrating within the safety case report that this has been done.
The Role of Technology
The complexity of these new requirements has highlighted the crucial role of technology in managing building safety effectively. Digital platforms have become essential tools rather than optional extras, offering capabilities that are transforming how organisations approach compliance and safety management.
Modern safety management systems now offer real-time compliance tracking and automated alerts, ensuring critical deadlines aren’t missed. Cloud-based documentation systems maintain the ‘golden thread’ of building information, making it instantly accessible when needed, which is particularly crucial given the BSR’s tight deadlines. Artificial intelligence is also playing an increasingly vital role, from automating routine compliance checks to Identifying gaps in compliance documentation before they become issues.
Conclusion
The past year has demonstrated that the changes introduced by the Building Safety Act 2022 are more than just regulatory requirements, they represent a fundamental shift in how we approach building safety. The focus on accountability, resident engagement, and comprehensive risk management has created a more robust and transparent system.
As we look ahead, it’s clear that organisations that embrace these changes proactively, investing in the necessary systems and expertise, will be best positioned to thrive in this new regulatory landscape. The building safety regime is no longer just about compliance – it’s about creating a culture of safety that protects residents and provides peace of mind for all stakeholders.