01 · OriginsWhy the Act exists, Grenfell and the Hackitt Review
Seventy-two people died in the Grenfell Tower fire on 14 June 2017. The Hackitt Review that followed in 2018 described a building-safety regime that was "not fit for purpose" for higher-risk buildings. The Building Safety Act 2022, which received Royal Assent on 28 April 2022, is the statutory response.
The Act does not replace the Fire Safety Order 2005; it amends it through Section 156, and bolts an entirely new regime on top for Higher-Risk Buildings. That makes it two statutes in one. Section 156 touches every block in England and Wales, any premises with a Responsible Person under the Fire Safety Order. The HRB duties (Parts 3 and 4 of the Act) apply only to buildings that cross the height or storey-count threshold, but where they do apply they are transformational.
For freeholders, RMCs, RTMs and managing agents, the practical consequence is that building-safety is now a continuous, documented and enforced duty. The regime rewards written evidence and punishes informality. Buildings that were managed from a filing cabinet are being migrated to structured digital records under the Golden Thread, and blocks that never gave building-safety a second thought now have a named Accountable Person answering to the Building Safety Regulator.
Two statutes in one
When block owners and managing agents talk about "the Building Safety Act" they are usually collapsing two distinct regimes. Section 156 amended the Fire Safety Order 2005 for every premises in scope. Parts 3 and 4 of the BSA created the Higher-Risk Building occupation regime. This guide covers both; knowing which duty derives from which regime is how you avoid over- or under-scoping your compliance programme.
02 · s.156 FSO dutiesSection 156 and the five new Fire Safety Order duties
Section 156 took effect on 1 October 2023 and rewrote parts of the Regulatory Reform (Fire Safety) Order 2005. Five changes matter in practice. Each applies to every Responsible Person under the Fire Safety Order, which in a residential block is typically the freeholder, RMC, RTM or managing agent for the common parts. These duties apply regardless of building height, a 3-storey block of flats carries them, just as a 30-storey tower does.
Duty 1 · Record the FRA findings in writing
New / expandedPre-s.156, the requirement to record the fire risk assessment in writing applied only to premises with five or more employees. Under s.156, every FRA's significant findings must be recorded in writing, regardless of employee count. Verbal or informal FRAs no longer satisfy the Order, even for a small block with no employees on site.
Duty 2 · Record fire safety arrangements
NewIn addition to the FRA itself, the Responsible Person must record the arrangements in place to eliminate or reduce the risks identified. This is a written operational plan: responsibilities, service contracts, resident information flows, emergency procedures. Treat it as the FRA's delivery plan.
Duty 3 · Identify and co-operate with other RPs
NewIn multi-occupied buildings, Responsible Persons must take all reasonably practicable steps to identify other Responsible Persons with duties in the same building and co-operate with them. In a typical London block that means the freeholder / managing agent co-operating with any commercial ground-floor tenant who is also an RP, and between leaseholders who run their own businesses inside the demise.
Duty 4 · Share information with incoming RPs
HandoverWhen a Responsible Person role transfers, an agent change, a freehold sale, an RTM company taking over management, the outgoing RP must share the relevant fire-safety information with the incoming RP. A clean handover pack is no longer optional.
Duty 5 · Resident fire-safety information
OngoingResidents must be provided with the relevant fire-safety information for their building in a form they can reasonably be expected to understand. This includes the evacuation strategy (stay put vs simultaneous), the alarm grade, what to do if the alarm sounds, and how to report concerns. It is typically delivered as a resident pack at move-in and re-confirmed at intervals.
Reg 10 · FSR 2022 (related)
Runs alongsideRegulation 10 of the Fire Safety (England) Regulations 2022 is a closely-related duty operating alongside s.156. In buildings over 11m, Responsible Persons must inspect flat entrance doors quarterly and common-parts fire doors annually, with records kept. For buildings over 18m, add wayfinding signage, secure information boxes, and monthly checks of lifts for firefighters' use. Our sister team at Fire Doors Pro has separately mapped what the Building Safety Act 2022 actually changes for fire doors, picking up where s.156 leaves off.
The cumulative effect is that block management now runs on documented evidence. Each of the five duties (plus the FS(E)R Reg 10 regime that runs alongside) is directly enforceable by the local fire and rescue authority, and a breach can be prosecuted. An enforcement officer who asks for the current FRA, the fire-safety arrangements document, the co-RP register, the handover log, and the resident-pack acknowledgements wants to see all five items now, not be told where to find them.
03 · HRB definitionWhat is a Higher-Risk Building, and does yours qualify?
Higher-Risk Building status is a bright-line test. A building is an HRB if both limbs of the test are satisfied: a height or storey threshold, and a residential-occupancy threshold. The definition sits in Section 65 BSA 2022 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023.
| Limb of the test | Threshold | Measurement / scope notes |
|---|---|---|
| Height or storey count | At least 18 metres in height, OR at least 7 storeys (whichever limb is reached first). | Height measured to the top of the finished floor of the topmost storey in the occupied portion, from ground level on the lowest side. Basements and rooftop plant generally excluded; complex sites may require a surveyor's written determination. |
| Residential units | Contains at least two residential units. | A residential unit includes each self-contained flat, irrespective of tenure (leasehold, rented, owner-occupied). Serviced apartments and student accommodation count; tests apply case-by-case. |
| Excluded uses (occupation regime) | Hospitals, care homes, secure residential institutions, hotels, and military accommodation are excluded from the occupation regime under the 2023 Regulations. | Excluded buildings are still covered by the design-and-construction Gateways regime and by the amended Fire Safety Order under s.156; exclusion affects Part 4 occupation duties only. |
Most London HRBs will hit the height threshold before the storey count. A 10-storey 1970s ex-LA concrete tower is in scope; a 7-storey purpose-built 2015 PRS block in Docklands is in scope; a 4-storey Victorian mansion conversion is almost certainly not, unless it has an unusual attic extension that pushes height above 18m. Where status is ambiguous, obtain a written measurement determination before relying on it, the Building Safety Regulator has published guidance on the measurement method and expects duty-holders to be able to defend their determination.
Registration is compulsory and preceded occupation
Since 1 April 2023, all HRBs already in occupation have had to be registered with the Building Safety Regulator. From 1 October 2023 it has been a criminal offence for a Principal Accountable Person to allow residents to occupy an HRB that is not registered. Registration is a data submission, not an application; the Regulator accepts or rejects and follows up with the Building Assessment Certificate process.
The blocks that move through their first Building Assessment Certificate cycle cleanest are the ones where the Accountable Person started from a structured Golden Thread on day one, not a filing cabinet of thirty years of paper that someone will have to digitise under pressure six weeks before the Regulator's deadline.
04 · Accountable PersonsWho is the Accountable Person, and who is the Principal AP?
The Accountable Person is the legal locus of HRB duty. Most HRBs have more than one. Identifying them, and electing one as Principal Accountable Person, is step one of everything that follows.
- Who is an AP? An Accountable Person is the person who either owns the freehold (or a relevant long leasehold interest) of the residential parts of the building, OR who has a repairing obligation for the common parts under a lease. A managing agent is not itself the AP; the AP is the person who holds the legal interest. In a typical London block, the freeholder is one AP; a Right-to-Manage company that has taken on common-parts repairing obligations is a second; a nominee leaseholder group holding the building via a head-lease is a third.
- Who is the Principal Accountable Person (PAP)? Where there are multiple APs, one must be identified as the PAP. The PAP is the AP with the repairing obligation for the structure and exterior of the building; if no AP has that obligation, the PAP is the freeholder. The PAP is the single legal point of contact with the Building Safety Regulator.
- Registering and notifying residents. The PAP must register the building with the Regulator, prepare the Safety Case Report, apply for the Building Assessment Certificate, handle resident engagement and manage building-safety incidents. Every AP must co-operate with the PAP and share information on request.
- Changes of AP. Any change of Accountable Person (freehold sale, RTM takeover, insolvency) must be notified to the Regulator within 14 days. The outgoing AP must pass the full Golden Thread record to the incoming AP, and the PAP designation is re-checked against the new ownership picture.
Managing agents: who you represent matters
A managing agent is not the AP, but will almost always be discharging the AP's operational duties day-to-day. Which AP the managing agent is acting for, the freeholder, the RTM company, both, determines the agent's authority to sign, to spend and to submit to the Regulator. Every HRB management contract should identify the specific AP(s) represented, the scope of delegated authority, and the escalation path back to the AP's board. A vague management agreement becomes a liability the day the Regulator asks a specific question to a specific legal person.
05 · Safety Case & Golden ThreadSafety Case Report, Building Assessment Certificate and the Golden Thread
Three interlocking duties sit at the heart of the HRB occupation regime. The PAP runs them.
- Safety Case Report. A written document prepared by the PAP that identifies building-safety risks, explains how those risks are being managed, and presents the evidence. It must be kept current throughout the life of the building. The Report is the narrative; the Golden Thread is the evidence behind it.
- Building Assessment Certificate (BAC). Issued by the Building Safety Regulator after it has assessed the Safety Case Report against the evidence in the Golden Thread. The BAC confirms the building is being managed in compliance with the Act. It is required for lawful occupation. BACs are reviewed on a rolling cycle set by the Regulator; each cycle is essentially a regulatory audit.
- Golden Thread. The digital record of all relevant information about the building, maintained by the AP(s) and passed on at every duty-holder change. It must be a single, structured, accessible, accurate and secure source of truth. The Building Safety (Golden Thread) regulations set the technical standard. Paper files, uncontrolled PDFs on shared drives, and "we know where it is, sort of" do not meet the standard.
What goes in the Golden Thread? The as-built design, structural information, fire-safety information, the Safety Case Report itself and its evidence annexes, the resident-engagement strategy, incident records, every material change to the building, every FRA and its arrangements document, every compliance certificate, every contractor O&M pack, and a version-controlled change log. In practice most blocks adopt a dedicated building-safety information management platform; a few larger managing agents have built theirs in-house. Spreadsheet-and-Dropbox will not survive the Regulator's first assessment.
06 · EnforcementEnforcement, penalties and the Building Safety Regulator
The Act created the Building Safety Regulator, a statutory body within the Health and Safety Executive. The Regulator has three jobs: oversee the design-and-construction Gateways for new HRBs; oversee occupation-stage duties for existing HRBs; and work with the competent-person regime across industry.
22-storey residential tower, Tower Hamlets E14, freeholder + RTM Accountable Persons
A 22-storey 1980s residential tower in Tower Hamlets. Freeholder (investment vehicle) owns the structure and exterior; a resident-led RTM company holds the common-parts repairing obligation through a head-lease. Both are APs; the freeholder is the PAP (holds the structure repairing obligation). Managing agent contracted by the RTM. Here is how a first BAC cycle runs.
- Month 1. PAP confirms AP and PAP identification in writing, registers the building with the Regulator, notifies residents via the resident-engagement strategy. Managing agent contract updated to reflect which AP is represented and the delegation scope.
- Month 2–3. Golden Thread platform procured and populated: as-built drawings, planning-history digest, FRA and arrangements, compliance certificates (gas, EICR, lift, fire-alarm, emergency-lighting, fire-door quarterly checks under FS(E)R Reg 10), insurance, residents' register, prior incidents.
- Month 4–6. Safety Case Report drafted. Risks identified, mitigations described, evidence cross-referenced to the Golden Thread. Peer-review by an independent fire engineer. Report signed by the PAP's directors.
- Month 7. PAP applies to the Regulator for its Building Assessment Certificate, paying the application fee and submitting the Safety Case Report.
- Month 9. Regulator inspector conducts a desk review followed by a site inspection. Asks residents structured questions, samples Golden Thread artefacts, tests the resident-engagement strategy in practice, checks the co-operation register between freeholder and RTM.
- Month 11. Regulator issues the BAC with two minor action points (expand the incident log from the past 18 months, tighten the resident-engagement feedback loop). Both actioned within 30 days.
- Ongoing. Golden Thread updated continuously. Safety Case Report re-reviewed at every material change and at least annually. Next BAC cycle triggered by the Regulator on its rolling cadence.
The penalty regime is substantial. A Responsible Person who breaches the Fire Safety Order (including the s.156 duties) commits an offence; on summary conviction, the fine is unlimited, and on indictment for serious breaches an individual can be imprisoned for up to two years. HRB-specific offences include failing to register the building, occupying without a valid BAC, and failing to comply with a Regulator notice, all unlimited fines and prison for individuals. On the civil side, Part 5 of the Act enables remediation orders (forcing named parties to carry out building-safety works) and remediation contribution orders (forcing named parties to pay). Both have been used meaningfully in the years since the Act landed.
Unlimited fines & imprisonment
Fire Safety Order offences under s.156 are unlimited-fine on summary conviction and can carry up to 2 years' imprisonment for serious breaches. BSA HRB offences carry unlimited fines and prison terms for named individuals. The Regulator has both issued notices and supported prosecutions since 2023. This is not a light-touch regime.
07 · FAQsQuestions block owners and managing agents keep asking
What did Section 156 of the Building Safety Act 2022 do?
Section 156 amended the Regulatory Reform (Fire Safety) Order 2005 to strengthen and widen fire-safety duties for Responsible Persons across all premises in scope, not just HRBs. Five new duties apply: record the FRA's significant findings in writing regardless of employee count, record the fire-safety arrangements, identify and co-operate with other Responsible Persons in the same building, share fire-safety information with incoming Responsible Persons, and provide residents with fire-safety information in an understandable form. All five take effect independent of building height.
What is a Higher-Risk Building?
An HRB is a building at least 18 metres in height OR at least 7 storeys, and containing at least two residential units. Defined under s.65 BSA 2022 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. Hospitals, care homes and secure residential institutions are excluded from the occupation regime; most London blocks that hit the height threshold before the storey threshold.
Who is the Accountable Person for an HRB?
The Accountable Person is the person who owns the freehold (or a relevant long leasehold) of the residential parts, or who has a repairing obligation for the common parts under a lease. Many HRBs have more than one Accountable Person, a freeholder and an RTM company, for example. Where there are multiple APs, one must be identified as the Principal Accountable Person: the AP with the repairing obligation for the structure and exterior, or the freeholder where no such lease exists.
What is the Safety Case Report and when is it needed?
The Safety Case Report is a written document prepared by the Principal Accountable Person that identifies building-safety risks, explains how they are being managed, and is presented to the Building Safety Regulator during the Building Assessment Certificate process. It must be kept current throughout the building's life. The Regulator assesses the Safety Case Report against the evidence in the Golden Thread; a valid BAC is required for lawful occupation.
What is the Golden Thread?
The Golden Thread is the digital record of all relevant building information that must be kept, maintained and passed on at every duty-holder change. It contains the as-built design, structural and fire-safety information, the Safety Case Report and its evidence, the resident-engagement strategy, incident records and every material change. It must be a single, structured, accessible, accurate and secure source of truth, the Building Safety (Golden Thread) regulations set the technical standard.
What penalties apply under the Building Safety Act?
Criminal offences apply with unlimited fines and, in serious cases, imprisonment. A Fire Safety Order breach post-s.156 can carry up to two years' imprisonment for serious cases. HRB-specific offences include failing to register the building, occupying without a valid BAC, and failing to comply with a Regulator notice, all unlimited fines and, for individuals, prison. Civil remediation orders and remediation contribution orders under Part 5 can compel named parties to fund or carry out remedial works.
FRA to BS 8674 or PAS 79-1, resident pack, Golden Thread population, one partner
HSE runs the fire risk assessment to the current methodology, writes the fire-safety arrangements document, populates the Golden Thread platform, and issues the resident pack. One team across the block, one compliance file at the end of it.
08 · Where to go nextTwo practical follow-ups
If you are a freeholder, RMC director, RTM company officer or managing agent with HRB or s.156 responsibilities, these are the two reads that close the loop.
First, the HSE Block Management page, the audience page that maps every statutory block duty (Fire Safety Order, BSA, FS(E)R 2022, HHSRS, landlord-electrical, passenger-lift LOLER) and shows how HSE delivers them across a block portfolio.
Second, subscribe to The HSE compliance briefing. One email a month with regulatory-landscape updates and one actionable thing to do before the next deadline. When the Building Safety Regulator issues new guidance or changes the BAC cycle, you will hear it from Kevin within the week.
HSE service for this topic
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