Which buildings need to adhere to the Building Safety Act?

Mark Brooks, Partner

A while ago, I was invited to a roundtable hosted by Allies and Morrison to discuss the Building Safety Act (BSA), Building Regulations, and the role of Principal Designer.

The session offered an invaluable forum for discussion with designers, developers, and others involved in the construction of High-Rise Buildings (HRB).

It also reminded me that there’s still so much confusion around the Building Safety Act, and of the value of sharing and discussing how we, as an industry, are rising to this new challenge.

To that end, this is how we at Stace are managing these new regulations.

Which buildings to meet the requirements of the BSA?

Certain parts of the BSA apply to all buildings (where building work is being carried out in England). These general duties include:

• Compliance with building regulations
• Appointment of competent dutyholders (Client, Principal Designer, Principal Contractor)
• Enforcement powers for non-compliance

So, all projects involving new builds, refurbishments, or material changes of use are affected by the BSA in some way.

The most stringent parts of the BSA apply to Higher-Risk Buildings (HRBs), which must meet additional safety, information, and regulatory requirements, including the Gateway process and Accountable Person duties.

A Higher-Risk Building is:

• At least 18 metres in height, or
• At least seven storeys, and
• Contains at least two residential units

This includes:

• Blocks of flats
• Student accommodation
• Certain types of supported or sheltered housing (if residents live independently)
• Mixed-use buildings (if the residential portion meets the HRB definition)

However, some buildings are exempt, including:

• Hotels
• Secure residential institutions (e.g. prisons)
• Military barracks
• Care homes and hospitals (although still subject to Building Regulations)

For the occupation phase, from when the construction is complete and the building can be used, the scope of HRBs widens slightly to include:

• Hospitals and care homes that meet the height/storey threshold (due to risks to vulnerable occupants)

Who is responsible for ensuring buildings meet the requirements of the BSA during design and construction?

The responsibility for ensuring buildings meet the requirements of the Building Safety Act 2022 (BSA) is shared among several dutyholders, but ultimately the client bears primary responsibility during the design and construction phase.

The Act places a greater focus on accountability, information management, and safety throughout the building’s lifecycle, but for now, let’s concentrate on the design and construction phase.

The Client:

The client (person or organisation commissioning the work) has the overarching legal responsibility to ensure:

• building work complies with building regulations.
• competent duty holders (Principal Designer and Principal Contractor) are appointed.
• work is planned, managed, and monitored properly.
• the Golden Thread of information is started and maintained (for higher-risk buildings).
• Gateway submissions (for HRBs) are made to the Building Safety Regulator (BSR).

The Principal Contractor:

Anyone who manages or carries out building work, is responsible for:

• planning, managing, and monitoring the construction work to ensure compliance with building regulations.
• ensuring contractors follow safety and compliance processes.

The Principal Designer:

If more than one designer is involved, is responsible for:

• planning, managing, and monitoring the design work to ensure compliance with building regulations.
• coordinating design team members to avoid regulation breaches.

These roles must be formally appointed and competent as per the Building (Duty Holders and Competence) (England) Regulations 2023.

Who is responsible for ensuring buildings meet the requirements of the BSA during the occupation stage?

The Accountable Person

Often the building owner or management company. For higher-risk residential buildings, the Accountable Person (AP) is legally responsible for:

• managing building safety risks (e.g. fire spread, structural failure).
• registering the building with the BSR.
• maintaining a Safety Case Report and updating the Golden Thread.

Principal Accountable Person (PAP)

If multiple accountable persons exist (e.g. different owners for different parts), a Principal Accountable Person must be designated to lead on compliance.

Building Safety Act Role Responsibility Matrix

Phase 1: Design & Construction (Pre-Completion)

Role, Responsibility, Legal Basis:

Client:

• Appoint competent duty holders (PD & PC)
• Ensure work complies with building regulations
• Plan, manage, monitor
• Submit Gateway 2&3 applications (HRBs)
• Maintain Golden Thread (HRBs)

Legal Basis: BSA 2022, Building Regulations 2023

Principal Designer (BSA)

• Ensure design complies with building regulations
• Coordinate designers
• Maintain design-side of Golden Thread

Legal Basis: Building (Duty Holders and Competence) Regulations 2023

Principal Contractor (BSA)

• Ensure design complies with building regulations
• Manage and coordinate contractors
• Provide info for Golden Thread

Legal Basis: (Duty Holders and Competence) Regulations 2023

Designers/Contractors

• Comply with building regulations
• Cooperate with PD/PC and client

Legal Basis: (Duty Holders and Competence) Regulations 2023

Building Safety Regulator (BSR)

• Access Gateway submissions (HRBs)
• Issue compliance or stop notices
• Provide oversight and enforcement

Legal Basis: BSA 2022, Building Act 1984 (amended)

Occupation (Post-Completion for HRBs)

Role, Responsibility, Legal Basis:

Accountable Person (AP)

• Manage building safety risks (fire, structure)
• Maintain building safety information
• Register building with BSR

Legal Basis: BSA 2022

Principal Accountable Person (PAP)

• Lead coordination where multiple APs exist
• Submit Safety Case and Building Safety Certificate

Legal Basis: BSA 2022

Residents

• Follow building safety protocols
• Cooperate with AP where required

Legal Basis: BSA 2022

BSR

• Maintain HRB register
• Audit safety case reports
• Enforce ongoing compliance

Legal Basis: BSA 2022

What is the Golden Thread?

The Golden Thread refers to the digital record of building safety information that is:

• Accurate,
• Up to date,
• Accessible, and
• Comprehensive

Which should span the entire life cycle of a building, from design and construction through to occupation and maintenance.

Under the Building Safety Act 2022, the Golden Thread is now legally required for Higher-Risk Buildings (HRBs).

From October 2023 onwards, those responsible (including Principal Designers, Principal Contractors, and the Accountable Person) must create, maintain, and hand over the Golden Thread as part of the Gateway process.

The Golden Thread must:

• Digital (Excel sheets & PDFs alone won’t cut it)
• Structured and searchable
• Secure and shareable — with controlled access
• Updatable as the building evolves

How can Stace help?

As of 1 October 2023, there is a statutory requirement for a Principal Designer to be involved in projects that constitute building works, require a building regulation application, and are likely to involve more than one designer.

This role is required to comply with Building Regulations and is separate from the CDM Principal Designer, though in some cases, the same organisation may fulfil both roles.

At Stace, we can act as Principal Designer and Client Advisor, to support in all aspects of the Building Safety Act and Building Regulations, and under CDM Regulations, where we have been providing support since 1994.

Having worked in construction since 1999, I now lead our dedicated in-house Health and Safety Management services team. We have strict governance in place to ensure we can undertake these roles.

Our approach

For every project, we undertake an assessment process to confirm we have the organisational capability and individual competence for the complexity of the project. Once confirmed, we:

Stages 1-4

• Ensure the client has been made aware of their duties
• Meet with the design team and prepare a responsibility matrix (using RACI)
• Discuss and document compliance with each designer
• Hold regular design meetings and workshops to review compliance
• Prepare a report at the end of each stage showing the route to compliance and any outstanding issues

Stages 5-6

When retained through the construction phase, we

• Liaise with the contractor to understand the design process and identify parties/contractors with design responsibility to clearly define their responsibilities and requirements.
• Meet with the Principal Contractor (PC) and subcontractors to agree responsibilities
• Attend progress meetings to manage coordination and compliance with Building Regulations.
• Hold regular workshops with the design team and contractors to update the compliance tracker.
• Obtain supporting evidence from the PC to demonstrate compliance.
• Share a report upon completion detailing how compliance was achieved through design and construction.

Challenges we’ve faced and overcome

Is my building an HRB and will I need to go through the gateways?

Buildings are complex, and increasingly mixed in use, meaning this question is not always as straightforward as it might initially seem.

I worked with a client hoping to fit out a small office space within a seven-storey office building. It was initially classified as an HRB, because it was attached to a similar building that contained residential units.

Stace, acting as the Building Regulations Principal Designer (BR PD), was able to demonstrate that the buildings were independent, avoiding the gateway process. This saved the client time and resources, making the project viable.

My building work started before the Regulations came into force, can I occupy when completed?

Projects started before 3 April 2023 can continue under the previous regulations; however, for many it was unclear what needed to happen on completion.

We’ve advised clients that, in these instances, the process remains unchanged, and they don’t need to go through Gateway 3. For them, Building Control must issue a final certificate to ensure the building can be registered on the HRB register. Once registered, the building can be occupied, and a building safety case report must be submitted to the BSR on request.

Getting ahead of this major industry change has not been easy and, with changes still expected regarding the Building Safety Levy, registration of mid-rise buildings, and remediation acceleration, coming together as an industry to discuss, share, and critique how we’re approaching these changes is vital.

What is clear is that collaboration between designers, contractors, and clients must start at a far earlier stage if we want to deliver projects on time and budget, without numerous rounds of BSA approvals.

I’d love to hear what others are doing and look forward to more discussions. As an industry, we need to be better at sharing our practices to overcome and mitigate delays.

Get in touch if you’d like to chat further.