Building Safety Act 2022 in England
2022 c. 30 · Enacted 28 April 2022 · Extends to United Kingdom
An Act to make provision about the safety of people in or about buildings and the standard of buildings, to amend the Architects Act 1997, and to amend provision about complaints made to a housing ombudsman.
[28th April 2022]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Introduction
- 1Overview of Act
- Part 2: The regulator and its functions
- The regulator and its general functions
- 2The building safety regulator
- 3The regulator: objectives and regulatory principles
- 4Duty to facilitate building safety: higher-risk buildings
- 5Duty to keep safety and standard of buildings under review
- 6Facilitating improvement in competence of industry and building inspectors
- 7Proposals and consultation relating to regulations
- 8Duty to establish system for giving of building safety information
- Committees
- 9Building Advisory Committee
- 10Committee on industry competence
- 11Residents’ panel
- 12Committees: power to amend or repeal
- Staffing etc
- 13Local authorities and fire and rescue authorities: assistance etc to regulator
- 14FSO authorised persons: assistance etc to regulator
- 15Provision of assistance etc: supplementary
- 16Guidance about the provision of assistance
- Plans and reports
- 17Strategic plan
- 18Revised strategic plans
- 19Annual report about information provided under mandatory reporting requirements
- 20Statement of regulator’s engagement with residents etc
- 21Report on certain safety-related matters
- Enforcement
- 22Authorised officers
- 23Authorised officers: offences
- 24Provision of false or misleading information to regulator
- Reviews and appeals
- 25Review by regulator of certain decisions made by it
- 26Right of appeal: requirement for review before appeal
- Supplementary and general
- 27Cooperation and information sharing
- 28Fees and charges
- 29Service of documents
- 30Interpretation of Part 2
- Part 3: Building Act 1984
- Building control authorities and building regulations
- 31Higher-risk buildings etc
- 32Building control authorities
- 33Building regulations
- 34Dutyholders and general duties
- 35Industry competence
- 36Lapse of building control approval etc
- 37Determination of certain applications by Secretary of State or Welsh Ministers
- 38Compliance and stop notices
- 39Breach of building regulations
- 40Liability of officers of body corporate etc
- 41Revocation etc of certain provision made under section 2(2) of ECA 1972
- Building control approvers and building inspectors
- 42Regulation of building control profession
- 43Transfer of approved inspectors’ functions to registered building control approvers
- 44Functions exercisable only through, or with advice of, registered building inspectors
- 45Default powers of appropriate national authority
- 46Higher-risk building work: registered building control approvers
- 47Higher-risk building work: public bodies
- 48Insurance: removal of requirements
- 49Plans certificates
- 50Cancellation of initial notice
- 51New initial notices
- 52Information gathering
- 53Information
- Miscellaneous and general
- 54Functions under Part 3 of Building Act 1984
- 55Minor and consequential amendments
- 56Appeals
- 57Fees and charges
- 58Levy on applications for building control approval etc
- 59Crown application Not yet in force
- 60Application to Parliament Not yet in force
- Part 4: Higher-risk buildings
- Introduction
- 61Overview of Part
- Meaning of “building safety risk”
- 62Meaning of “building safety risk”
- 63Recommendations about regulations under section 62
- 64Advice about regulations under section 62
- Meaning of “higher-risk building”
- 65Meaning of “higher-risk building” etc
- 66Regulations under section 65: procedure
- 67Regulations under section 65: additional procedure in certain cases
- 68Modification of Part in relation to certain kinds of higher-risk building
- 69Recommendations about definition of “higher-risk building” etc
- 70Advice about definition of “higher-risk building” etc
- Meaning of “accountable person” and other key definitions
- 71Meaning of “occupied” higher-risk building etc
- 72Meaning of “accountable person”
- 73Meaning of “principal accountable person”
- 74Part of building for which an accountable person is responsible
- 75Determinations by the tribunal
- Registration and certificates
- 76Requirement for completion certificate before occupation
- 77Occupation: registration requirement
- 78Registration of higher-risk buildings
- 79Occupied building: duty to apply for building assessment certificate
- 80Applications for building assessment certificates
- 81Building assessment certificates
- 82Duty to display building assessment certificate etc
- Duties relating to building safety risks
- 83Assessment of building safety risks
- 84Management of building safety risks
- 85Safety case report
- 86Notification and provision of report to the regulator
- Duties relating to information and documents
- 87Mandatory reporting requirements
- 88Keeping information about higher-risk buildings
- 89Provision of information etc to the regulator, residents and other persons
- 90Provision of information etc on change in accountable person
- Engagement with residents etc
- 91Residents’ engagement strategy
- 92Requests for further information
- 93Complaints procedure operated by principal accountable person
- 94Complaints procedure operated by the regulator
- Residents' etc duties
- 95Duties on residents and owners
- 96Contravention notices
- 97Access to premises
- Enforcement
- 98Duty on regulator to enforce Part
- 99Compliance notices
- 100Compliance notices: supplementary
- 101Offence: contravention giving rise to risk of death and serious injury
- Special measures
- 102Special measures
- Appeals etc
- 103Appeals against compliance notice etc
- 104Appeals against decisions of the regulator made under this Part
- 105Appeals against decisions of the regulator made under regulations
- 106Appeals: supplementary
- 107Enforcement of decisions of the First-tier and Upper Tribunal
- Miscellaneous and general
- 108Guidance
- 109Cooperation and coordination
- 110Managers appointed under Part 2 of the Landlord and Tenant Act 1987
- 111Building safety directors of resident management companies
- Landlord and tenant etc
- 112Implied terms in leases and recovery of safety related costs
- 113Provision of building safety information
- 114Commonholds
- Interpretation
- 115Interpretation of Part 4
- Part 5: Other provision about safety, standards etc
- Remediation of certain defects
- 116Remediation of certain defects
- 117Meaning of “relevant building”
- 118Section 117: height of buildings and number of storeys
- 119Meaning of “qualifying lease” and “the qualifying time”
- 119AMeaning of “connected replacement lease”
- 120Meaning of “relevant defect” and “relevant steps”
- 121Associated persons
- 122Remediation costs under qualifying leases etc
- 123Remediation orders
- 124Remediation contribution orders
- 125Meeting remediation costs of insolvent landlord Repealed
- Insolvency of certain persons with an interest in higher-risk and relevant buildings
- 125ANotifications by insolvency practitioners
- Building industry schemes
- 126Building industry schemes
- 127Building industry schemes: supplementary
- Prohibitions on development and building control
- 128Prohibition on development for prescribed persons
- 129Building control prohibitions
- Building liability orders
- 130Building liability orders
- 131Building liability orders: associates
- 132Order for information in connection with building liability order
- Remediation and redress: other provisions
- 133Service charges in respect of remediation works
- 134Duties relating to work to dwellings etc
- 135Limitation periods
- New homes ombudsman scheme Not yet in force
- 136Establishment of the new homes ombudsman scheme Not yet in force
- 137The new homes ombudsman scheme Not yet in force
- 138“Relevant owner”, “new build home” and “developer” Not yet in force
- 139Regulations under section 138 Not yet in force
- 140Power to require persons to join scheme and to provide information Not yet in force
- 141Register of members Not yet in force
- 142Developers’ code of practice Not yet in force
- 143Amendment of the Government of Wales Act 2006 Not yet in force
- New build home warranties
- 144New build home warranties
- 145New build home warranties: financial penalties
- Construction products
- 146Construction products
- Liability relating to construction products
- 147Liability relating to construction products: general definitions
- 148Liability relating to construction products
- 149Liability for past defaults relating to cladding products
- 150Liability relating to construction products: limitation in England and Wales
- Construction products: costs contribution orders
- 152Costs contribution orders: general definitions
- 153Costs contribution orders made by courts
- 154Costs contribution orders made by the Secretary of State
- 155Costs contribution orders: assessments
- Fire safety
- 156Amendment of Regulatory Reform (Fire Safety) Order 2005
- Architects
- 157Architects: discipline and continuing professional development
- 158Architects: Appeals Committee
- 159Architects Registration Board: fees and discharge of functions by a committee
- Housing complaints
- 160Housing complaints made to a housing ombudsman
- Part 6: General
- 161Liability of officers of body corporate etc
- 162Review of regulatory regime
- 163Financial provisions
- 164Crown application
- 165Application to Parliament
- 166Power of Secretary of State to make consequential provision
- 167Power of Welsh Ministers to make consequential provision
- 168Regulations
- 169Extent
- 170Commencement and transitional provision
- 171Short title
- Schedule 1: Amendments of the Health and Safety at Work etc Act 1974
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 2: Authorised officers: investigatory powers
- 1Entry to non-domestic premises without warrant
- 2Entry to non-domestic premises with warrant
- 3Entry to domestic premises (with warrant)
- 4Power to require information, documents etc
- 5Retention of evidence etc
- 6Offence of failing to provide information, documents etc
- 7Interpretation
- 8Saving for material subject to legal professional privilege
- Schedule 3: Cooperation and information sharing
- 1Interpretation
- 2Local authorities, fire and rescue authorities etc
- 3Ombudsmen
- 4Secretary of State
- 5Police
- 6Public authorities
- Schedule 4: Transfer of approved inspectors’ functions to registered building control approvers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 5: Minor and consequential amendments in connection with Part 3
- Part 1: Amendments of the Building Act 1984
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38 Not yet in force
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- Part 2: Other amendments
- 87Parliamentary Commissioner Act 1967 (c. 13)
- 88Freedom of Information Act 2000 (c. 36)
- 89Sustainable and Secure Buildings Act 2004 (c. 22) Not yet in force
- 90The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)
- Schedule 6: Appeals and other determinations
- 1Introduction
- 2Transfer from Secretary of State to the regulator
- 3Transfer from Secretary of State to the regulator
- 4Transfer from Secretary of State to the regulator
- 5Transfer from Secretary of State to the regulator
- 6Transfer from Secretary of State to the regulator
- 7Transfer from Secretary of State to the regulator
- 8Transfer from Secretary of State to the regulator
- 9Transfer from magistrates’ court to the tribunal: England
- 10Transfer from magistrates’ court to the tribunal: England
- 11Transfer from magistrates’ court to the tribunal: England
- 12Transfer from magistrates’ court to the tribunal: England
- 13Transfer from magistrates’ court to the tribunal: England
- 14Transfer from magistrates’ court to the tribunal: England
- 15Transfer from magistrates’ court to the tribunal: England
- 16Transfer from magistrates’ court to the tribunal: England
- 17Transfer from magistrates’ court to the tribunal: England
- 18Transfer from magistrates’ court to the tribunal: England
- 19Transfer from magistrates’ court to the tribunal: England
- 20Transfer from magistrates’ court to the tribunal: England
- 21Transfer from magistrates’ court to the tribunal: England
- 22Transfer from magistrates’ court to the tribunal: England
- 23Transfer from magistrates’ court to the tribunal: England
- 24Transfer from magistrates’ court to the tribunal: England
- 25Transfer from magistrates’ court to the tribunal: England
- 26Transfer from magistrates’ court to the tribunal: England
- 27Transfer from magistrates’ court to the tribunal: England
- 28Transfer from magistrates’ court to the tribunal: England
- 29Enforcement
- 30Appeal: local authority decision not to consider application etc
- Schedule 7: Special measures
- 1Introductory
- 2Notification by regulator before applying for special measures order
- 3Meaning of “financial management proposal”
- 4Special measures order
- 5Special measures order: supplementary
- 6Payments received by special measures manager to be held on trust
- 7Effect of special measures order on relevant contracts and legal proceedings
- 8Special measures orders and orders under section 24 of the Landlord and Tenant Act 1987
- 9Special measures orders and orders under section 24 of the Landlord and Tenant Act 1987
- 10Provision of financial assistance by regulator
- 11Special measures order: further directions
- 12Regulator to keep certain matters under review
- 13Notification by regulator before applying to vary special measures order
- 14Variation or discharge of special measures order
- 15Notifications about special measures order
- 16Special measures order: change in accountable person etc
- 17Interpretation
- Schedule 8: Remediation costs under qualifying leases etc
- 1Interpretation
- 2No service charge payable for defect for which landlord or associate responsible
- 3No service charge payable if landlord meets contribution condition
- 4No service charge payable where lease below certain value
- 5Limit on service charge in other cases
- 6Paragraph 5: the permitted maximum
- 7Annual limit on service charges
- 8No service charge payable for cladding remediation
- 9No service charge payable for legal or professional services relating to liability for relevant defects
- 10Paragraphs 2 to 4, 8 and 9: supplementary
- 11No increase in service charge for other tenants
- 12Recovery of service charge amounts from landlords
- 13Presumption: qualifying lease
- 14Presumptions relating to landlord under qualifying lease
- 15Information from tenants
- 16Information from landlords
- 17Information from landlords
- 18Anti-avoidance
- Schedule 9: The new homes ombudsman scheme Not yet in force
- 1Appointment of the new homes ombudsman Not yet in force
- 2Membership Not yet in force
- 3Membership Not yet in force
- 4Fees Not yet in force
- 5Fees Not yet in force
- 6Complaints under the scheme: subject matter and procedure Not yet in force
- 7Complaints under the scheme: subject matter and procedure Not yet in force
- 8Complaints under the scheme: investigation and determination Not yet in force
- 9Complaints under the scheme: investigation and determination Not yet in force
- 10Enforcement of determinations Not yet in force
- 11Making of recommendations Not yet in force
- 12Predecessor schemes Not yet in force
- 13Complaints about the scheme Not yet in force
- 14Co-operation Not yet in force
- 15Provision of information Not yet in force
- 16Reports Not yet in force
- Schedule 10: Amendments in connection with the new homes ombudsman scheme Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- Schedule 11: Construction products regulations
- 1Introductory
- 2General safety requirements
- 3Construction products with designated standards or technical assessments
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Safety-critical products
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Enforcement
- 16Costs
- 17Information
- 18Paragraph 18
- 19Paragraph 19
- 20General and supplementary
- 21Paragraph 21
- 22Paragraph 22
- 23Procedure
- 24Interpretation