Understanding the Building Safety Act 2022 and how it applies to what we do

The Building Safety Act 2022, which came into full force on 1st April 2024, is legislation aimed at improving the safety of buildings in the UK. This Act serves as the primary legislative framework that legally establishes building safety standards, encompassing both the Fire Safety Regulations 2022 and the Fire Safety Act 2021.

The Act applies to all buildings, specifically new or existing occupied buildings over 18 meters in height that contain at least two residential units. This includes high-rise residential buildings and other multi-occupied residential buildings.

Where Merrifields act as Managing Agents and as such are one of the Responsible Persons under the Act, we take on responsibility and liability for the requirements of The Fire Safety Regulations 2022, in particular undertaking regular checks on fire doors to ensure they are in efficient working order. Responsible persons must also share electronic copies of floor plans and building plans of high risk buildings being 18 metres in height or at least seven storeys, with two or more residential units with local fire and rescue services and the Fire Safety Act 2021. This clarifies the Fire Safety Order, making it clear that it applies to the structure, external walls (including cladding and balconies) and individual entrance doors between premises and common parts of a multi-occupied building.

The Building Safety Act 2022 introduces changes in responsibility and liability for building owners and managers. It established the Building Safety Regulator (BSR), the National Regulator of Construction Products and the New Homes Ombudsman. These bodies provide oversight and ensure compliance with the new regulations. Building owners and where appointed Property Managers, now referred to as "responsible persons," are now required to conduct regular fire risk assessments, including the structure, external walls and premises entrance doors. Failure to comply with these regulations can result in criminal offenses if the breach places occupiers and residents at risk of death or serious injury in the event of a fire.

Despite the comprehensive nature of the Building Safety Act 2022, Merrifields believe there is still a question of whether building owners fully understand their liabilities. Many owners are not aware of the new requirements or the extent of their responsibilities under the Act. This lack of awareness can lead to non-compliance and potential legal consequences. To address this issue, at Merrifields we have implemented strategies to ensure compliance with the new regulations. We effectively take on the liability, and therefore the risk. We set up bespoke strategies for each building and work with risk assessors, building control and conservation officers for listed buildings and with regulated contractors to ensure that all managed properties meet the requirements and occupiers are as safe as they can be.

Please address any enquiries as to how we may be able to help you to Nick Reeves 01284 70070 nick@merrifields.co.uk