UK Building Safety Act 2022

Per UK Building Safety Act 2022: Accountable Person and Principal Accountable Person. Source-grounded summary control covering authoritative framework structure + key obligations. See manifest + log for detailed mapping.

• Authoritative source-grounded evidence for UKBSA-2

• see authoritative source for detailed gap analysis

Per UK Building Safety Act 2022: Building Safety Regulator and Higher-Risk Building Identification. Source-grounded summary control covering authoritative framework structure + key obligations. See manifest + log for detailed mapping.

• Authoritative source-grounded evidence for UKBSA-1

• see authoritative source for detailed gap analysis

Construction products used in higher risk buildings must comply with applicable product safety requirements, with traceability and supplier obligations under the Construction Products Regulation as amended.

• Product specification register
• Declaration of Performance documents
• UKCA or CE marking evidence
• Substitution control procedure
• Product recall and incident response procedure

• Specifications generic, not product specific
• DoP documents missing or out of date
• Substitutions made on site without engineering review
• Recall process untested

Higher risk buildings must integrate Fire Safety (England) Regulations 2022 obligations and the Regulatory Reform (Fire Safety) Order 2005 with Building Safety Act duties, including external wall, evacuation and PEEP requirements.

• Fire Risk Assessment for residential common parts
• External wall information (PAS 9980 assessment)
• Evacuation strategy documentation
• Personal Emergency Evacuation Plan arrangements
• Fire safety instructions for residents
• Secure information box

• FRA covers internal parts but not external wall
• PAS 9980 assessment outdated
• PEEP arrangements absent for disabled residents
• Resident fire safety instructions not provided in accessible format

Persons carrying out work on higher risk buildings must have the necessary competence (skills, knowledge, experience and behaviours) with employers responsible for verification, supported by sector competence frameworks.

• Competence framework adoption by role
• Competence assessment records per individual
• CPD records
• Third party accreditation evidence
• Competence verification at appointment

• Competence assessed via qualifications only
• CPD records not maintained
• Verification at appointment is paper only
• Behavioural competence not assessed

The Principal Contractor for a higher risk building project must plan, manage and monitor the construction work to ensure compliance with Building Regulations and coordinate other contractors.

• PC appointment letter with scope
• PC competence assessment
• Construction phase plan covering Building Regulations compliance
• Site inspection and quality records
• PC declaration at Gateway 3
• Subcontractor competence verification

• PC competence demonstrated only via accreditation, not skills
• Construction phase plan generic
• Subcontractor competence accepted at face value
• PC declaration formality without underlying evidence

The Principal Designer for a higher risk building project must plan, manage and monitor the design work to ensure compliance with Building Regulations and coordinate other designers.

• PD appointment letter with scope
• PD competence assessment
• Design coordination records
• Design risk register
• PD declaration at Gateway 2 and Gateway 3
• PD insurance evidence

• PD appointed late in design
• Competence assessed by self declaration only
• Coordination across designers weak
• Risk register not maintained

Developers of certain residential buildings are required to pay the Building Safety Levy to fund cladding remediation, with related funding obligations through the Developer Remediation Contract for in scope developers.

• BSL calculation methodology
• Payment records and confirmation
• Developer Remediation Contract execution (where applicable)
• Provisions in financial statements
• Annual reporting to government

• BSL applicability misjudged
• Calculations underestimate floor area
• Developer Remediation Contract obligations not tracked
• Provisioning inadequate

Accountable Persons must review building safety risk management arrangements periodically and after material changes, ensuring continued compliance with statutory duties and best practice.

• Annual safety case review and update
• Material change procedure and log
• Internal audit of duty compliance
• External assurance reports
• BSR engagement record (assessments, inspections)
• Continuous improvement plan

• Annual review not performed
• Material change procedure absent
• Internal audit not extended to building safety
• BSR engagement reactive only

Developers of new homes will be required to belong to the New Homes Ombudsman scheme providing redress for purchasers including in relation to building safety related defects.

• Developer NHO membership confirmation
• Complaint handling procedure aligned to NHO
• Customer charter referencing NHO
• Annual NHO performance reporting
• Internal training on NHO process

• NHO membership relied on without internal alignment
• Complaint procedure not updated
• Customer charter silent on NHO
• Performance reporting not used internally

Per UK Building Safety Act 2022: Gateways, Competence, Enforcement. Source-grounded summary control covering authoritative framework structure + key obligations. See manifest + log for detailed mapping.

• Authoritative source-grounded evidence for UKBSA-5

• see authoritative source for detailed gap analysis

Before construction work begins on a higher risk building project the Building Safety Regulator must give Building Control approval at Gateway 2, confirming the design meets Building Regulations.

• Gateway 2 application package
• Design documents including fire and structural strategy
• Competence declarations for Principal Designer and Principal Contractor
• BSR approval letter
• Change control procedure for post approval design changes
• Major change applications and approvals

• Gateway 2 application missing fire strategy detail
• Competence declarations generic
• Design changes proceeded without major change application
• Approval letter conditions not tracked

Before a higher risk building is occupied the Building Safety Regulator must give a completion certificate at Gateway 3 confirming that the work has been completed in accordance with Building Regulations.

• Gateway 3 application package
• As built information and golden thread handover
• Competence declarations for Principal Designer and Principal Contractor
• BSR completion certificate
• Building handover protocol to AP
• Defects log resolved before completion

• Gateway 3 sought without as built information complete
• Golden thread handover incomplete
• Occupation commenced before certificate issued
• Defects deferred past completion

The Accountable Person must keep specified information and documents relating to the higher risk building, accessible, accurate and up to date, forming the golden thread that follows the building through its life cycle.

• Golden thread document specification matched to Schedule 1 of regulations
• Document management system with version control and access controls
• Information transfer log when AP changes
• Periodic information audit
• Resident access provisions for prescribed information
• Format compliance (electronic, accessible)

• Golden thread limited to paper records
• Versioning weak, latest version unclear
• Information transfer at AP change is incomplete
• Resident access not provided

The Principal Accountable Person must prepare and keep updated a safety case report identifying building safety risks and demonstrating reasonable steps to control them.

• Safety case report structured to BSR guidance
• Building safety risk assessment covering fire spread and structural failure
• Hazard identification log with severity, likelihood and control mapping
• Reasonable steps justification per risk
• Safety case review schedule and update log
• Independent challenge or assurance over safety case

• Safety case is a compilation of existing documents without integrating narrative
• Hazard identification limited to fire, structural risks omitted
• Reasonable steps test not applied (cost benefit absent)
• Updates triggered by inspection only, not material change

The Client for a higher risk building project must make suitable arrangements for managing the project, including appointing competent dutyholders and providing pre construction information.

• Client appointment of PD and PC with competence verification
• Pre construction information pack
• Adequate time and resource provision for project
• Project arrangements review
• Client declarations at gateways

• Competence verification of PD and PC superficial
• PCI incomplete
• Time and resource pressure compromising compliance
• Client passive during construction

A building is a higher risk building if it is at least 18 metres in height or has at least 7 storeys, and contains at least 2 residential units (in occupation phase) or meets the criteria during design and construction.

• Portfolio survey identifying all buildings against HRB criteria
• Measurement methodology aligned to Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023
• Documentary evidence of height and storey count
• Residential unit count records
• HRB register submitted to Building Safety Regulator
• Decision log where building falls just below threshold

• Measurement uses inconsistent methodology
• Mezzanine and roof structures not included in storey count
• Mixed use buildings assessed incorrectly
• HRB register not refreshed after alterations

An Accountable Person is the person who holds the legal estate in possession of the common parts of a higher risk building or has a repairing obligation. Each AP must be identified and registered with the Building Safety Regulator.

• Legal analysis of estate ownership and repairing obligations
• AP and Principal Accountable Person designation document
• BSR registration confirmation
• Multi AP coordination agreement (where multiple APs exist)
• AP change notification records
• Tenure and title document references

• AP identified by convention not legal analysis
• PAP nominated without written agreement among APs
• Registration not updated after corporate restructure
• Coordination between multiple APs informal

Each higher risk building in occupation must be registered with the Building Safety Regulator. Registration includes Key Building Information and confirmation of accountable person.

• BSR registration submission and confirmation
• Key Building Information data set
• Refresh of KBI on material changes
• Internal procedure for keeping KBI current
• Evidence of fee payment to BSR

• Registration submitted but KBI fields incomplete
• KBI refresh ad hoc, no defined trigger
• Material changes not flagged to BSR
• Internal owner of registration unclear

Accountable Persons must report certain safety occurrences in or to higher risk buildings to the Building Safety Regulator within statutory timescales.

• MOR procedure with examples and thresholds
• MOR reporting log with BSR submission confirmations
• Internal detection mechanisms (incidents, near misses)
• Staff and contractor training on MOR triggers
• Post report review and remediation

• MOR threshold misunderstood, reports late or missed
• Detection relies on resident complaints
• Contractors not aware of MOR obligations
• No remediation after MOR submission

Where an Accountable Person fails to comply with duties the Building Safety Regulator can issue compliance notices, special measures orders and prosecution, with personal liability for senior managers in certain circumstances.

• Compliance notice response procedure
• Senior manager accountability documentation
• Internal escalation on regulator engagement
• Special measures readiness plan
• Legal review on personal liability exposure

• No procedure for compliance notice response
• Senior managers unaware of personal liability
• Escalation routes not defined
• No legal review of liability

Schedule 8 of the Act protects qualifying leaseholders from cladding remediation costs and limits other building safety costs that can be recovered through service charges, with landlord certificates and resident management responsibilities.

• Landlord certificate for relevant buildings
• Qualifying leaseholder determination
• Service charge demands aligned to Schedule 8 caps
• Information provision to leaseholders
• Dispute and redress process

• Landlord certificate absent or expired
• Qualifying lease determination relies on resident self declaration
• Service charge demands exceed Schedule 8 caps
• Information to leaseholders unclear

Each Accountable Person must prepare and follow a residents' engagement strategy promoting participation in decisions on building safety. The strategy should be appropriate to the building and its occupants.

• Residents' engagement strategy document
• Consultation with residents on the strategy
• Engagement activities log (meetings, newsletters, surveys)
• Multi language and accessibility provision
• Annual strategy review
• Resident feedback log and response

• Strategy adopted without resident consultation
• Single channel (notice board) used for all communication
• No accessibility considerations
• Strategy not reviewed annually

Each Accountable Person must establish a complaints procedure to handle complaints about a building safety risk or compliance with duties under the Act, with escalation to the Building Safety Regulator.

• Documented complaints procedure
• Complaints register with categorisation
• Response time SLAs
• Escalation route to BSR signposted
• Annual complaints trend report
• Resident notification of how to complain

• Generic complaints procedure not building safety specific
• BSR escalation route not signposted to residents
• Response times exceed reasonable expectations
• Trend analysis not performed

Per UK Building Safety Act 2022: Resident Engagement and Mandatory Reporting. Source-grounded summary control covering authoritative framework structure + key obligations. See manifest + log for detailed mapping.

• Authoritative source-grounded evidence for UKBSA-4

• see authoritative source for detailed gap analysis

Per UK Building Safety Act 2022: Safety Case Report and Building Assessment Certificate. Source-grounded summary control covering authoritative framework structure + key obligations. See manifest + log for detailed mapping.

• Authoritative source-grounded evidence for UKBSA-3

• see authoritative source for detailed gap analysis