Building Safety Act: A Guide for RMC Directors

What the Building Safety Act 2022 means for residential blocks of flats, who is responsible for compliance, and what directors need to know.

COMPLIANCE GUIDE

Why the Building Safety Act Matters

The Building Safety Act 2022 is the most significant piece of building safety legislation in a generation. It was introduced in response to the Grenfell Tower tragedy of 2017, and its provisions are designed to ensure that residential buildings are designed, constructed, and managed safely throughout their lifecycle.

While the Act's most substantial requirements apply to higher-risk buildings (those over 18 metres or seven storeys), it also introduces changes that affect all residential blocks of flats in England — including new fire safety duties, enhanced leaseholder protections, and stricter responsibilities for those who manage and maintain residential buildings.

This guide explains the key provisions of the Act, who is affected, and what RMC directors and leaseholders need to understand about their evolving obligations.

Residential block of flats subject to Building Safety Act requirements

Key Changes Introduced by the Act

The Building Safety Act introduces a new regulatory framework that affects the design, construction, and ongoing management of residential buildings. The most significant changes fall into four broad areas.

Building Safety Regulator

A new regulator within the Health and Safety Executive oversees building safety for higher-risk buildings, with powers to enforce compliance and hold duty-holders to account.

Accountable Person

A defined "Accountable Person" must be identified for each higher-risk building, with statutory duties to assess and manage building safety risks.

Golden Thread of Information

Higher-risk buildings must maintain a comprehensive, up-to-date record of building information — design, construction, and safety data — throughout the building's life.

Leaseholder Protections

New protections limit the costs that qualifying leaseholders must pay towards remediation of historical building safety defects, including cladding and fire safety works.

Higher-Risk Buildings

The Act's most stringent requirements apply to "higher-risk buildings" — defined as residential buildings that are at least 18 metres in height or have at least seven storeys, and contain at least two residential units.

For these buildings, the Act introduces a mandatory registration requirement with the Building Safety Regulator. The Accountable Person (typically the freeholder or, in some structures, the RMC) must register the building, assess building safety risks, and prepare a safety case report demonstrating how those risks are being managed.

The Accountable Person for a higher-risk building has a statutory duty to assess building safety risks and take all reasonable steps to prevent the occurrence of a major incident. This is a significant legal obligation with potential criminal sanctions for non-compliance.

The Accountable Person must also appoint a Building Safety Manager — a competent individual or organisation responsible for the day-to-day management of building safety. In many cases, this role will be fulfilled by the managing agent, provided they have the necessary competence and resources.

What the Act Means for All Residential Buildings

Even if your building falls below the 18-metre threshold, the Building Safety Act still introduces changes that affect how it is managed.

Fire Safety (England) Regulations 2022

The Fire Safety (England) Regulations 2022, which complement the Building Safety Act, require the "responsible person" for all multi-occupied residential buildings to take additional steps. These include sharing fire safety information with residents, providing floor plans to the fire service, checking flat entrance doors, and ensuring fire safety information is displayed in communal areas.

Enhanced Duties on the Responsible Person

For buildings with storeys over 11 metres in height, additional requirements include installing wayfinding signage for the fire service, providing secure information boxes containing building plans, and undertaking regular checks of lifts and other fire-fighting equipment where present.

Leaseholder Cost Protections

The Act introduces protections for qualifying leaseholders in buildings over 11 metres (or at least five storeys) regarding the cost of remediating historical building safety defects. In many cases, the costs of cladding remediation and associated fire safety works cannot be passed to qualifying leaseholders if the building owner or developer meets certain criteria.

What RMC Directors Should Do

The evolving requirements of the Building Safety Act mean that RMC directors need to understand their building's position and ensure their managing agent is actively addressing compliance. The following steps provide a practical starting point.

Establish your building's height and risk profile — determine whether your building is classified as higher-risk (18m+ or 7+ storeys) or falls within the 11m+ category with additional fire safety duties.
Identify the Accountable Person — for higher-risk buildings, confirm who holds the Accountable Person role and whether registration with the Building Safety Regulator has been completed.
Review your fire risk assessment — ensure it is up to date and that the recommendations have been implemented. The assessment should reflect the current requirements under both the Fire Safety Order and the Fire Safety (England) Regulations.
Ensure resident engagement — the Act places emphasis on keeping residents informed about fire safety measures and providing clear information about what to do in an emergency.
Assess your managing agent's competence — confirm that your managing agent has the knowledge and processes to manage health and safety compliance under the new regime.

Compliance Assessment

We assess your building's position under the current regulations and identify any gaps in fire safety, documentation, or risk management.

Risk Register Management

We maintain a live risk register for your building, tracking all identified risks, required actions, and completion dates.

Resident Communication

We ensure residents receive the fire safety information required under the regulations and have clear guidance on emergency procedures.

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COMMON QUESTIONS

Frequently Asked Questions

Does the Building Safety Act apply to our block?

The Act's full regulatory regime applies to higher-risk buildings (18m+ or 7+ storeys with at least two residential units). However, the Fire Safety (England) Regulations and leaseholder cost protections apply more broadly to buildings over 11 metres or five storeys. Even buildings below these thresholds are affected by the strengthened fire safety duties under the Regulatory Reform (Fire Safety) Order.

Who is the Accountable Person for our building?

The Accountable Person is typically the entity that holds the building's legal estate — usually the freeholder. In some structures, particularly where an RMC owns the freehold, the RMC itself may be the Accountable Person. If you are unsure, your managing agent or solicitor should be able to clarify the position for your building.

Will leaseholders have to pay for cladding remediation?

The Act introduces protections for qualifying leaseholders in buildings over 11 metres or five storeys. In many cases, the cost of remediating historical building safety defects — including cladding — cannot be passed to qualifying leaseholders where the building owner or developer meets certain conditions. The specific protections depend on the circumstances of each building and the financial status of the responsible parties.

What is the Golden Thread?

The Golden Thread is the requirement for higher-risk buildings to maintain a comprehensive, accurate, and up-to-date digital record of building safety information. This includes design and construction information, fire safety data, risk assessments, and details of any changes made to the building. The information must be accessible to those who need it and maintained throughout the building's life.

What should we do if our managing agent is not addressing Building Safety Act compliance?

If your managing agent is not proactively addressing the requirements of the Building Safety Act and the Fire Safety (England) Regulations, raise the issue with your board. Compliance is not optional, and directors have a responsibility to ensure the building meets its legal obligations. If the agent is unable to demonstrate competence in this area, it may be appropriate to consider changing your managing agent.

Need Help With Building Safety Compliance?

Book a free consultation and we will assess your building's compliance position, identify any gaps, and explain how Pearl can support your board through the evolving regulatory requirements.