Borne out of the horrific lessons learned from the Grenfell Tower tragedy, the Building Safety Act of 2022 marks a huge turning point in legislation to improve safety across the UK’s building market. It mandates that buildings from construction through to demolition are managed in a way that ensures all stakeholders are safe, and sets a precedent for the future of residential and non-residential buildings. The question is – what buildings fall under the Building Safety Act though? In this guide, we clarify what buildings are incorporated, what constitutes ‘higher risk’ buildings and what actions you need to take to comply with the law. 

Overview of the Building Safety Act 2022

This pivotal regulation addressed a number of long-standing issues with the building industry, with a key goal of ensuring that buildings are safe for their occupants throughout their entire lifecycle. It aims to increase regulation management and mandates accountability for all stakeholders who are involved from construction to management. Through this, it requires them to adhere to more rigorous safety standards. The framework applies to a range of buildings – not just residential properties. Any building that meets specific height and occupancy density requirements can fall under the Act. 

Grenfell exposed the significant shortcomings of the existing legislation and was a catalyst in the development of a new wave of safety standards. The Act requires building owners and developers to be proactive with their protocols and keep detailed records of the key decisions, actions, and renovations, as well as building and sustaining a robust relationship with Building Safety Regulators. The heightened levels of scrutiny have been carefully planned to prevent future devastating events and ensure all buildings are certified as safe. 

For more information, read our Building Safety Act 2022 Guide.

Definition of a higher risk building

Under the Act, a higher risk building is initially defined based on its occupancy and height. It targets buildings that pose a larger potential risk to life in the unfortunate event of a fire or other dangers that require stricter safety management and regulation. The use and occupancy density of the building play a major part in its classification; for example, a high-rise residential building where people live at close distance from each other would place it high on the list. These could be student accommodations, care homes, or hospitals where the risk of any hazards would be hugely concerning. 

Height is the other key factor in deciding if a building is classified as high-risk. Buildings over 18 metres or with more than 7 stories are instantly categorised as high-risk, as they pose more complex challenges for evacuation and rescue services which makes the need for robust safety standards more critical. The Building Safety Regulator plays an important role in monitoring compliance to the Act in high-risk buildings – which entails overseeing the measures, and importantly, whistleblowing when things are out of line to protect residents from potential hazards. 

Exceptions to the Act and Special Considerations

The Act’s main focus is on taller buildings, however there are exceptions where buildings under the height threshold might still fall under specific safety regulations. For example, low-rise buildings that have vulnerable residents such as disability centres are difficult to evacuate due to mobility and comprehension challenges. Such buildings require specific attention to fire safety procedures. Temporary buildings like exhibition halls or marquees are usually exempt from the regulations as they have to adhere to the safety standards mandated by local authorities, rather than this Act. They’re usually not included in the Act’s legalities as they are designed for short-term use but they still must meet other safety requirements to keep residents safe. 

Mixed-use buildings that combine multi-purposed functions are given extra consideration under the Act. Given their complexity in that they cater to a variety of needs, they also pose a variety of different risks. For example, retail shops with accommodation above them can be challenging in the event of a fire and evacuation. They likely have a higher footfall and more public access than other buildings so need more stringent safety protocols. This means they need more specific and comprehensive regulations covering the entire building and its uses.

Historical buildings also receive special consideration, as they balance the need for safety upgrades with the protection and preservation of the historical integrity and architectural design of buildings. The updates to these buildings could include using materials and methods that align with the materials of the building but with tweaks to bring it in line with modern safety needs.

Compliance with existing buildings

The responsibility for implementing the requirements and knowing what buildings fall under the Building Safety Act rests on the shoulders of the building owners and managers. The Act applies to all buildings that meet the criteria and it’s retroactive, meaning even older buildings will need to fall in line with the new standards, regardless of the legislation that was in place when initially constructed. Updates might be required to older buildings to bring them up to speed with new regulations and in some cases this can be costly. 

The most common upgrades required can include fire safety measures such as alarms, sprinklers, fire doors, and replacement cladding, or structural assessments to identify and fix any weaknesses that could impact safety. Emergency lighting might also be needed, and clearer communication of evacuation routes. Fundamentally, all inspections, maintenance and renovations need to be properly documented and accessible for all key parties as well as the regulation board. Regularly inspecting and maintaining the building will ensure you’re still compliant with the law, and hiring fire safety and structural experts will help you identify any areas that need upgrades.

The consequences of not complying are severe and range from hefty fines and penalties, as well as further legal action. In extreme cases, buildings have been known to be closed until the amendments have been made, and non-conformity to the regulations can have costly implications on your insurance costs.

Ensuring compliance and safety

The Building Safety Act 2022 marks a significant moment in the history of building regulation which calls for accountability and documentation to improve the wellbeing of all occupants. It considers the different uses for buildings, as well as exemptions and special cases. 

For further guidance on what buildings fall under the Building Safety Act and its implications for building owners, speak to one of our friendly experts today.