Frequently Asked Questions

The Building Safety Act 2022 introduces a new regulatory framework for the design, construction, and occupation of higher-risk buildings in England. It primarily applies to residential buildings over 18 metres (or seven or more storeys) high but also affects those involved in building work, including developers, property owners, landlords, and managing agents. The Act aims to ensure building safety risks are properly managed throughout a building’s lifecycle.

An Accountable Person (AP) is the individual or organisation who holds the legal responsible for repairing or maintaining the common parts of a high-rise residential building (although this is not the managing agent). If there is just one AP, then they are also the Principal Accountable Person (PAP). If there are multiple APs, a PAP must be identified. APs must assess and manage building safety risks and work with the Building Safety Regulator to ensure compliance.

A Principal Accountable Person (PAP) holds the ultimate legal responsibility for managing building safety in higher-risk residential buildings. Their duties include registering the building with the Building Safety Regulator, preparing and maintaining a Safety Case Report, keeping the Golden Thread of safety information up to date, and engaging with residents on safety issues. The PAP must also ensure effective control and oversight of all building safety risks.

Commercial properties are generally not within the scope of the higher-risk building regime under the Building Safety Act 2022. However, if a building contains both residential and commercial spaces (mixed use) and meets the height and occupancy thresholds, they will fall under the Act. Regardless, all dutyholders in commercial settings remain bound by other key legislation such as the Reguatory Reform (Fire Safety) Order 2005 and the Health and Safety at Work Act 1974.

A safety case report is a narative of the building’s safety case. It sets out a description of the building, its systems and arrangements and details how the PAP is meeting its legal duties in preventing building safety risks from materialising and if they do materialise, what measures are in place to mitigate these risks. Building Safety risks are both fire safety related as well as structural safety related risks.

When you are told to do so by the Building Safety Regulator (BSR), you must apply for a Building Assessment Certificate (BAC) and provide the Regulator with a copy of the most up to date Safety Case Report, a copy of the most up to date Resident Engagement Strategy along with details of your Mandatory Occurrence Reporting system and an initial fee.

A mandatory occurrence refers to a significant safety incident or risk related to the structural integrity or fire safety of a higher-risk building (HRB) during both the construction and occupation phases. These occurrences must be reported to the Building Safety Regulator (BSR). Specifically, they involve events that have caused, or are likely to cause, the death or serious injury of people, or involve structural failure or the spread of fire or smoke.

Non-compliance with the Building Safety Act can result in serious consequences, including enforcement notices, unlimited fines, and potential criminal prosecution. The Building Safety Regulator has significant powers to intervene where building safety risks are not being managed effectively, particularly in higher-risk buildings, including- in some circumstances- the ability to take over the management of a block. Non-compliance also carries reputational risks and potential insurance and investment consequences.

All occupied high-rise residential buildings (over 18 metres or seven storeys) must be registered via the Building Safety Regulator’s online portal. This includes submitting key building details, responsible parties and a fee. Failure to register by the required deadline can lead to enforcement action.

The Golden Thread refers to the accurate and up-to-date digital record of a building’s design, construction, and safety management. It ensures that crucial fire and structural safety information is accessible throughout a building’s lifecycle and supports better decision-making, especially in high-risk buildings.

A Resident Engagement Strategy is a dynamic document that sets out a PAP’s approach to engaging with residents and others about building safety decisions and promoting participation. It considers the needs and preferences of the residents of a particular block and provides the residents with details as to how they can obtain information about the safety arrangements in their building but also how they can make a compliant or report a safety occurrence.

These types of assessments relate to residential blocks.
Type 1: Non-destructive, common areas only.
Type 3: Non-destructive although it includes common parts and a sample of dwellings and other tenancies.
Type 3 is more detailed and suited to landlords or managing agents seeking a fuller understanding of fire risks, especially buildings that are considered to be higher risk buildings HRBs. Where significant risks have been identified, it may be more appropriate to consider a Type 4 fire risk assessment which is destructive in nature and includes both common areas and a sample of the dwellings and other tenancies.

There is currently no fixed timeframe in law, but Fire Risk Assessments should be reviewed regularly—at least annually—and updated whenever significant changes occur, such as building works, changes in occupancy, following a fire incident or on the publication of new legislation or guidance. For high-risk buildings, more frequent reviews may be necessary.

The Regulatory Reform (Fire Safety) Order 2005, the Fire Safety (Scotland) Regulations 2006 and the Fire Safety Regulations (Northern Ireland) 2010 places a legal duty on the ‘Responsible Person/duty holder’ to ensure fire safety in non-domestic premises. This includes carrying out risk assessments, implementing fire precautions, maintaining fire systems, and training staff.

A retrospective fire strategy is a comprehensive document outlining how a building has been designed and is managed, and maintained to prevent and respond to fires. It details measures for prevention, detection, containment, and evacuation. It aims to minimise risks to life and property by addressing potential fire hazards and establishing procedures for fire safety management.

A retrospective fire strategy for an existing building may be beneficial where there are complicated fire safety arrangements and interfaces between systems, and they support the fire risk assessment process. Additionally where the building is a higher risk building (HRB) they not only support the fire risk assessment but also development of the safety case report.

Review your fire strategy at least annually or after any material changes to layout, occupancy, or regulation. Engage competent professionals to align it with the latest codes of practice and guidance and integrate it into your building’s Golden Thread.

Fire risk assessors must now demonstrate competence in line with PAS 8673 and BS 8670. This includes having appropriate qualifications, relevant sector experience, and preferably third-party certification or registration with a recognised professional body. The emphasis is on demonstrable, assessed, and recorded competence—not just years in the field. We are awaiting new revised government guidance on the development of a national register for fire risk assessors.

Under the law, those who hold duties or are responsible persons must ensure that they have in place arrangements for preventing fires, managing them if they occur, and ensuring the safety of people and property. A Fire Management Plan details how to organise, plan, control, monitor, and review fire safety measures within a specific location. This plan is crucial for minimising fire risks and responding effectively to fire emergencies.

A Safety Management System (SMS) is a legal requirement and provides a structured approach to managing safety risks within an organisation. It’s a systematic process that includes defined procedures and arrangements that includes identifying potential hazards, assessing risks, implementing control measures, and continuously monitoring and improving safety performance. Think of it as a framework that helps organisations proactively manage safety, rather than reactively responding to incidents.

Yes – the common areas of a resdiential block is considered to be a workplace and as such a general health and safety risk assessment is a statutory requirement.

A structural risk assessment evaluates the integrity and stability of a building’s structure. It is needed during major works, for ageing buildings, or when visible defects arise. For high-risk buildings under the BSA, it forms a key part of the safety case.

A competent person is someone with the right qualifications, skills, knowledge, and experience to assess and manage structural safety. They must be able to understand the building’s context, diagnose risks, and recommend proportionate measures.

Regular inspections, proactive maintenance, and expert structural risk assessments are essential. Monitoring techniques, record-keeping, and digital tools (like QUOODA®) can help track degradation and prioritise repairs. Additionally undertaking regular condition surveys in line with the guidance contained within BS 8210 covering the building fabric assist in managing structural risks within a building.

A structural risk assessment focuses specifically on the stability, load-bearing capacity, and structural safety of a building. It is typically conducted by structural engineers and is used to identify critical risks that could impact the integrity of the building.
A condition survey, on the other hand, is a broader assessment that looks at the overall state of a building, including cosmetic defects, wear and tear, and non-structural components. While a condition survey may flag potential issues, it does not provide the depth of analysis required to assess structural safety.
In summary, a structural risk assessment is essential when safety or structural performance is in question, whereas a condition survey is more about general maintenance planning and lifecycle asset management.

Staying compliant requires a clear strategy, strong internal governance, competent partners, and the right technology. Use centralised systems like QUOODA® to track assessments, actions, and documentation across all buildings. Ensure regular training, audits, and monitoring protocols are in place, and stay ahead of changing legislation.

Key risks include failing to meet Building Safety Act obligations (for residential property managers), poor record-keeping, lack of evidence for competence, and fragmented risk data. Other threats include regulatory blind spots in fire or structural safety, and increased scrutiny from insurers and regulators. A proactive, integrated approach to compliance will be essential.

Use centralised systems like QUOODA® to plan, track, and evidence remedial actions. Ensure all actions are logged against specific risk assessments, responsible persons, and building records to demonstrate due diligence and legal compliance.

Gateway One:
Otherwise known as Planning Gateway One (PGO). The purpose of PGO is to ensure that fire safety considerations are inherent within the design proposals of relevant (higher risk (HRB)) buildings before planning permission is granted. PGO applications are assessed by the HSE.

Gateway Two:
Gateway two provides a ‘hold point’ whereby construction of the building cannot start until the Building Safety Regulator (BSR) is satisfied that the building meets the functional requirements of building regulations.

Gateway Three:
Gateway three includes the application of a completion certificate post construction. The certificate must be issued before occupation of the building can occur. The completion certificate application involves the submitted information forming the application -signed by the client, principal designer, and principal contractor – confirming that to the best of their knowledge, the HRB, as built, complies with all applicable requirements of the building regulations.

Martyn’s Law, also known as the Terrorism (Protection of Premises) Act, is a UK legislation designed to improve security preparedness and response to terrorist attacks in publicly accessible locations. It requires certain venues and events to consider the risk of terrorism and implement appropriate measures to protect the public. The law is named after Martyn Hett, who was killed in the Manchester Arena bombing.

Martyn’s Law (also known as the Terrorism (Protection of Premises) Bill) introduces new duties for those responsible for certain publicly accessible venues to help protect the public from the risk of terrorism. The law applies to two tiers of venues based on their capacity and use:

1. Standard Tier (200–799 people)
If your premises is a relevant premises and can reasonably be expected to host between 200 and 799 people at any one time, you must:
– Inform the Security Industry Authority (SIA) that you are the responsible party for the site. -Implement proportionate public protection procedures aimed at reducing the potential harm to individuals in the event of a terrorist attack either on or near the premises.

2. Enhanced Tier (800+ people)
If your premises or event is a relevant premises or event and can reasonably accommodate 800 or more people, you must:
-Notify the SIA that you are responsible for the premises or event.
-Put in place appropriate measures to reduce both the likelihood of an attack and the risk of physical harm should one occur.
-Develop a written plan outlining your protective measures and procedures, and provide this documentation to the SIA if requested.

For both tiers, measures must be taken so far as is reasonably practicable — meaning they should be proportionate to the risks involved and the resources available. This principle aligns with existing health and safety legislation, recognising that the scale and nature of premises will influence what is considered feasible.

Awaab’s Law is a legal reform being introduced in the UK in response to the tragic death of two-year-old Awaab Ishak in 2020, caused by prolonged exposure to mould in a social housing flat in Rochdale.
The law forms part of the Social Housing (Regulation) Act 2023 and is designed to ensure that social landlords respond swiftly and effectively to complaints about damp, mould, and other health-related hazards in tenants’ homes.

Under Awaab’s Law: Social landlords (such as councils and housing associations) will be subject to strict timeframes to investigate and fix hazards in tenants’ homes.

If tenants report serious health and safety risks — particularly damp and mould — landlords must investigate within a specified period and complete repairs within a set timeframe, unless there are exceptional circumstances.

The exact timeframes will be set in secondary legislation following a government consultation that closed in March 2024.

Registered providers of social housing in England — including local authorities and housing associations.
It may also set expectations for private landlords over time, although they are not currently covered under the legislation.

As a BTR investor, you have legal duties under the Building Safety Act, Fire Safety Order, and Health and Safety at Work Act. You must ensure fire and structural risks are assessed, documented, and mitigated, maintain accurate records, and engage competent persons to assist you throughout the building lifecycle.

You must appoint competent Principal Designers and Contractors, ensure design risk assessments are carried out, and document safety-critical decisions. Collaboration across the supply chain and early adoption of the Golden Thread principle is key to demonstrating compliance and mitigating future liability. You must follow the new Gateway principles and provide information to the Building Safety Regulator at different stages of the development process.

Conversions must meet both Building Regulations and fire safety standards suitable for residential use. Key challenges include compartmentation, means of escape, structural integrity, and acoustic performance. The BSA may apply if the result is a high-rise residential building as defined within the Act.

Use a digital compliance platform like QUOODA® to consolidate assessments, inspection data, remedial actions, and certifications into one centralised hub. This enables consistent oversight across residential and commercial elements, ensuring visibility and legal defensibility.

QUOODA® is Ark’s smart compliance management platform. It consolidates data, risk assessments, asset registers, audit trails, and performance dashboards into one system, helping clients maintain regulatory oversight and operational control across portfolios.

Yes. QUOODA® is built for portfolio-wide oversight. It provides cross-site reporting, compliance dashboards, and site-specific audit trails to support efficient and transparent management.

QUOODA® enables the secure management, capture, organisation, and sharing of safety-critical data across a building’s lifecycle. It ensures key documents, updates, and assessments are logged, version-controlled, and accessible to all dutyholders.

Yes. QUOODA® is used by many public sector clients to manage compliance across large, complex housing portfolios. It supports multi-tenure property management, delivers clear audit trails, and allows organisations to demonstrate their duty of care and regulatory compliance with confidence.

QUOODA® is hosted on secure, UK-based infrastructure with robust data encryption, role-based access controls, and full compliance with GDPR and ISO 27001 standards.