Building Safety Act 2022, No30 (as amended)

The Building Safety Act 2022 is a new law that aims to improve the safety and standards of all buildings in the UK, especially higher-risk buildings such as high-rise residential buildings. The Act introduces:

·      A new building safety regulator within the Health and Safety Executive, which will oversee the design, construction and occupation of higher-risk buildings, and enforce compliance with building regulations.

·      A new building safety regime for higher-risk buildings, which will require duty holders such as clients, designers, contractors and building owners to follow specific rules and standards at each stage of the building lifecycle, and to cooperate with the regulator and residents.

·      A new building safety charge for higher-risk buildings, which will enable building owners to recover the costs of complying with the building safety regime from leaseholders, subject to certain conditions and safeguards.

·      A new homes ombudsman service for all residential buildings, which will provide a free and independent way for residents to raise complaints about their homes and seek redress.

·      A new duty of care for all residential buildings, which will allow residents to take legal action against anyone who breaches their obligations under the Act or causes them harm as a result of poor building work.

The evidence requirements of the Building Safety Act 2022 are the obligations that duty holders have to provide and maintain accurate and up-to-date information about the design, construction and management of buildings, especially higher-risk buildings, to demonstrate their compliance with the building safety regime and to ensure the safety of residents. The evidence requirements include:

·      A golden thread of information for higher-risk buildings, which is a digital record of all the key information about the building, such as plans, specifications, certificates, inspections, maintenance, repairs, incidents and complaints.

·      A gateway approval process for higher-risk buildings, which is a series of three stages where duty holder shave to submit evidence to the building safety regulator and obtain its approval before they can start, complete or occupy a building.

·      A building safety certificate for higher-risk buildings, which is a document issued by the building safety regulator that confirms that the building meets the building safety standards and allows the building to be occupied.

·      A building assessment for higher-risk buildings, which is a periodic review of the building’s safety performance and compliance with the building safety regime, conducted by a qualified professional and submitted to the building safety regulator.

·      A building information request for any building, which is a request made by a resident or a prospective buyer to obtain information about the building’s safety and standards from the duty holder or the regulator.

·      Remediation evidence for any building with historical safety defects, such as cladding or fire doors, which is a proof that the duty holder has taken steps to fix the defects or is exempt from paying for them.