The Building Safety Act 2022 is the most significant piece of building safety legislation in a generation. Passed in the wake of the Grenfell Tower fire in which 72 people died because building safety information was not properly managed, the Act creates sweeping new legal obligations for anyone responsible for a higher-risk residential building in England.
The Act is in full force now. Non-compliance carries personal criminal liability and unlimited financial penalties for Accountable Persons.
The Act applies to higher-risk buildings — residential buildings that are at least 18 metres tall or have at least 7 storeys and contain at least 2 residential units. There are approximately 12,500 such buildings registered with the Building Safety Regulator in England.
The key roles created by the Act are:
- Accountable Person (AP) — the legal entity responsible for the safety of the building
- Principal Accountable Person (PAP) — responsible for the common parts where there are multiple APs
- Building Safety Manager (BSM) — appointed to manage day-to-day building safety activities
- Register with the Building Safety Regulator — all higher-risk buildings must be registered with the BSR. Registration was required by October 2023.
- Maintain the Golden Thread of Information — a digital record of all building safety information across 14 mandatory document categories, kept up to date and available to the BSR on request.
- Produce a Safety Case Report — a documented demonstration that all building safety risks have been identified, assessed, and controlled. Currently costs £2,000 to £8,000 per building from a qualified fire safety engineer.
- Apply for a Building Assessment Certificate — when the BSR issues a direction, Accountable Persons have 28 days to submit a complete evidence package.
- Engage with Residents — maintain a Resident Engagement Strategy and records of all resident communications.
Non-compliance consequences include improvement notices, prohibition notices, criminal prosecution of individual Accountable Persons, and unlimited financial penalties. Directors of housing associations face personal prosecution if buildings are not managed safely.
MachSafe was built specifically to address these obligations — organising Golden Thread documentation, identifying compliance gaps, and assisting with Safety Case Report drafting.