A landlord’s guide to the Building Safety Act 2022

Landlords have a significant responsibility to ensure the safety of their tenants, and the Building Safety Act 2022 introduces important changes to how buildings are managed and maintained. As a landlord, it’s crucial to understand what this act entails to ensure that you are compliant and that your tenants are safe. In this blog, we’ll provide an overview of the Building Safety Act 2022 and what you need to know as a landlord.

What is the Building Safety Act 2022?

The Building Safety Act is a comprehensive piece of legislation designed to enhance the safety standards of buildings and properties. This act establishes clear guidelines, regulations, and procedures for ensuring that construction and maintenance practices adhere to stringent safety protocols. By doing so, it aims to reduce the risks associated with structural failures, fire hazards, and other safety concerns that could endanger the lives of occupants.

What types of buildings does the Building Safety Act 2022 apply to?

The Building Safety Act 2022 applies to residential buildings that are at least 18 meters tall or contain at least seven stories, with some exceptions. It covers both existing and new buildings, emphasising the need for safety throughout a building’s lifecycle.

What are the key responsibilities as a landlord?

As a landlord, your responsibilities under the Building Safety Act include:

  • The safety case: You must appoint a Building Safety Manager responsible for developing a “safety case” for your building. The safety case outlines how you will manage and maintain the safety of the building.
  • Registration with the Building Safety Regulator: You are required to register your building with the Building Safety Regulator and provide relevant information about your building. For existing buildings, the deadline to register higher-risk buildings was 30 September 2023.
  • Maintain a digital record: You must maintain a digital record of your building, which includes the design, construction, and maintenance information. This record must be readily available to tenants and the Building Safety Regulator.
  • Engage with residents: Establish a Residents’ Engagement Strategy to ensure that tenants have access to information about building safety and are involved in safety discussions.

What do landlords need to do around safety compliance?

The Building Safety Act places significant emphasis on ensuring that residential buildings are safe. You, as a landlord, need to take the following steps to ensure safety compliance:

  • Regular safety inspections: Conduct safety inspections and risk assessments to identify and address safety issues promptly.
  • Safety upgrades: If your building requires safety upgrades, such as fire-resistant cladding or improved fire safety measures, you are responsible for implementing them.
  • Communication: Keep your residents informed about safety measures, evacuation procedures, and any changes to the building’s safety features.
  • Fire safety measures: Ensure that your building complies with fire safety regulations, including the installation of fire alarms, sprinkler systems, and proper escape routes.

As a landlord how do you deal with costs incurred in complying with the Building Safety Act?

The Building Safety Act acknowledges that implementing safety measures can be costly. Landlords may recover some of these costs through a Building Safety Charge, which can be collected from leaseholders. We can advise on how the charge applies to your specific situation.

What are the penalties for not complying with the Building Safety Act?

Non-compliance with the Building Safety Act can lead to significant penalties, including fines and potentially imprisonment. We can help you avoid these potential pitfalls by ensuring you meet all the legal requirements.

How Moore Barlow can help you

Building Safety Act 2022 brings essential changes to how residential buildings are managed and maintained. As a landlord, it’s crucial to understand your responsibilities and ensure compliance to create a safe environment for your tenants.

Here at Moore Barlow our expert property dispute solicitors are specialists in ensuring you and your business are fully compliant with these regulations. Contact us today to discover how we can help.