The Building Safety Act 2022 and its derivative regulations are reshaping the rules for everyone in the construction and real estate industry, particularly those involved in the design, construction and occupation of high-rise residential buildings. Its impact goes far beyond the headline reforms – it introduces new duties, tougher compliance measures and wider liability.

What’s changing?

A ‘duty holder regime’: Clear accountability for those who procure, plan, manage and carry out the design and building work, backed by criminal liability for breaches.

A Building Safety Regulator: Overseeing the safety and standards of all buildings and the building control authority for the design and construction of ‘higher-risk’ buildings. It is also responsible for registering higher-risk buildings and assessing safety cases for those buildings during their occupation.

Measures to address historic fire safety defects: The Act significantly widens the scope of who may be potentially liable for the cost of fixing historical fire safety defects including removing unsafe cladding. The Responsible Actors Scheme targets major housebuilders and developers that have developed or refurbished multiple residential buildings that are known to have life-critical fire safety defects.

Extended liabilities: Changes to the Defective Premises Act 1972 and other statutory changes broaden the scope for claims and lengthen limitation periods. Developers of residential and student accommodation (subject to exemptions) will also face a new levy on all new developments in England.

Fire Safety (England) Regulations 2022: Additional duties for Responsible Persons managing residential buildings with two or more domestic premises.

Why it matters

These reforms demand action – not just awareness. Compliance isn’t optional, and the consequences for getting it wrong are significant.

How we help

Shoosmiths brings together cross-sector experts to guide you through the Act’s complexities. From design to occupation, our dedicated hub offers practical insights and resources to keep you and your projects compliant and your risk under control.