Building Safety Act Update in 2023: What Building Owners and Property Buyers Need to Know

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The Building Safety Act 2022 was introduced as a response to the tragic Grenfell Tower fire in 2017.

This legislation aims to improve the safety and accountability of buildings in the UK, focusing primarily on high-rise residential buildings.

In 2023, several updates have been made to the act, bringing significant changes that impact building owners and those involved in buying or selling property.

Understanding the Building Safety Act 2022

The Building Safety Act 2022 was enacted to enhance building safety measures and mitigate risks associated with high-rise residential buildings.

It establishes a more rigorous regulatory framework to ensure that buildings are constructed, managed, and maintained to the highest safety standards.

Key provisions of the act include:

a) The establishment of a new Building Safety Regulator, an independent public body responsible for overseeing the safety and performance of buildings.
b) A mandatory system of registration for high-rise residential buildings, ensuring that all such buildings are accounted for and subject to regular inspections.
c) Introduction of the concept of the “Accountable Person,” who will be responsible for the safety of the building throughout its life cycle.
d) Improved accountability and traceability of building materials and products used in construction.
e) A stronger focus on resident engagement and empowerment, ensuring their voices are heard throughout the process.

Building Safety Act Updates in 2023

In 2023, further updates to the Building Safety Act have been introduced to address the ongoing challenges and refine the legislation.

These updates include:

a) Extension of regulations to cover lower-rise residential buildings: The scope of the act has been expanded to include buildings below 18 meters in height. This change aims to ensure that a wider range of residential buildings are subject to rigorous safety standards.

b) Higher-Risk Buildings (HRBs) regulations: The introduction of the HRBs regulations brings additional requirements for buildings with specific characteristics that pose higher safety risks. These regulations outline stringent safety measures, enhanced fire safety provisions, and a comprehensive system for risk assessment and management.

c) Enhanced leaseholder protections: To provide reassurance to leaseholders, the government has issued guidance for leaseholders on building safety. This guidance clarifies their rights and responsibilities and offers support in navigating the complexities of building safety issues.

Impacts for Building Owners and Property Buyers

These 2023 updates to the Building Safety Act impose greater responsibilities on building owners.

They are required to register their buildings with the Building Safety Regulator, undertake regular safety inspections, and demonstrate compliance with the prescribed safety measures.

Failure to meet these obligations can result in penalties, including fines or even criminal charges.

And prospective buyers must conduct thorough due diligence on any property they are considering purchasing.

This includes obtaining comprehensive information about the building’s safety measures, compliance with regulations, and any ongoing remediation works that may be necessary.

Summary

The Building Safety Act 2022 has undergone important updates in 2023 to strengthen building safety measures in the UK.

These updates expand the scope of regulations, introduce higher safety standards for higher-risk buildings, and provide clearer guidance for leaseholders.

Building owners and property buyers must familiarise themselves with these changes and ensure compliance to mitigate risks, enhance safety, and protect the interests of residents and stakeholders.

It is important to note that mortgage lenders are continually updating their requirements in relation to Buildings affected by the Building Safety Act 2022, so these need to be considered carefully.

If you are buying or selling a property that may be affected by the Building Safety Act 2022 and you require guidance, please do not hesitate to contact us

You can contact us via telephone on 01903 229999 or by email which is info@bennett-griffin.co.uk