Understanding the new Building Safety Act 2022
Thousands of leaseholders in the UK will benefit from better protective measures under new property regulations, after the Building Safety Act 2022 received royal assent earlier this year and is set to become law in 2023.
What is the Building Safety Act 2022?
The legislation has been designed to improve building safety standards and the way in which properties are maintained, to prevent tragedies like the Grenfell Tower disaster from happening again. More specifically, it will give leaseholders extra legal protection which means that they no longer have certain financial responsibilities in relation to making their homes safe and repairing historical building defects. In the years since Grenfell, the cladding scandal has affected leaseholders across the country who have been told to pay thousands of pounds to rectify unsafe cladding.
Why has it been created and who will it affect?
The Act will provide residents of high-rise buildings (those more than ten storeys in height) a greater say in the running of their home, allowing them to raise building safety concerns directly to the owners and managers of the buildings, who now have a duty to listen to those concerns.
Responsibility for planning, managing and monitoring fire and structural safety in buildings will now belong to what’s known as the ‘Accountable Person’ (AP). If there is more than one AP, the responsibility will pass to the ‘Principal Accountable Person’ (PAP). PAPs are legally required to register all buildings with the new Buildings Safety Regulator between April and October 2023. If a building is occupied but not registered with the Buildings Safety Regulator after October 2023, it will be classed as an offence.
How will it be implemented?
There will be tougher penalties for those who break the rules, including unlimited fines, with the statute of limitations on offences being up to ten years after the event. Developers will also be required to become and remain members of an Ombudsman scheme, which will be set up to provide resolution for disputes and complaints.
The Building Safety Act 2022 will have a significant impact on homeowners, landlords, developers and construction firms and it is important that as the Act becomes law, everyone understands their individual responsibilities and how it will affect them.
Aegis is well equipped to support companies in understanding health and safety legislations. If you need our help, please get in touch with our team of highly qualified experts today.