The Regulatory Revolution in Building Safety
England’s approach to high-rise residential building safety underwent a complete overhaul with the introduction of the Building Safety Act 2022. Born from the devastating Grenfell Tower tragedy of 2017, this landmark legislation implements the recommendations of Dame Judith Hackitt’s independent review, establishing a rigorous new regulatory regime for higher-risk buildings.
The Act created the Building Safety Regulator (BSR), a dedicated authority within the Health and Safety Executive, tasked with overseeing building safety throughout a structure’s entire lifecycle. This represents the most significant change to building regulations in decades, introducing enhanced accountability, stricter compliance requirements, and a fundamentally different approach to managing building safety risks.
Core Framework: Gateways and Compliance Mechanisms
The Building Safety Act introduces several interconnected compliance mechanisms:
- Gateway System (1, 2, and 3): Mandatory approval checkpoints throughout design, construction, and occupation phases
- Building Assessment Certificates: Official verification of ongoing safety compliance
- Safety Case Reports: Comprehensive documentation of risk management strategies
- Mandatory Occurrence Reporting: Structured incident reporting requirements
- Resident Engagement Strategies: Formalised communication and consultation frameworks
As the BSR accelerates its assessment programme, understanding these requirements isn’t optional—it’s a legal necessity for all property professionals managing higher-risk buildings.
Building Assessment Certificates Explained
What Does a BAC Actually Certify?
A Building Assessment Certificate represents official BSR confirmation that your higher-risk building fulfils its legal obligations under the Building Safety Act, specifically regarding:
- Prevention of fire spread throughout the structure
- Structural integrity and prevention of structural failure
- Effective management of building safety risks
Critical Limitations to Understand
A BAC is not a permanent safety guarantee. It represents a point-in-time assessment of compliance, essentially a regulatory snapshot showcasing the buildings safety. Even with a valid BAC, the Principal Accountable Person (PAP) maintains continuous legal duties to:
- Monitor and manage building safety risks
- Keep safety documentation current
- Report mandatory occurrences
- Engage meaningfully with residents
- Respond to changing circumstances affecting safety
The certificate provides assurance to residents, leaseholders, and the wider public, but it doesn’t transfer or diminish the PAP’s ongoing responsibilities.
The BAC Application Process: What to Expect
You Cannot Self-Nominate
Unlike many regulatory applications, PAPs cannot proactively apply for a BAC. The BSR operates a directed assessment programme, issuing formal invitations to specific buildings based on their risk-based prioritisation strategy.
Timeline and Submission Requirements
Once you receive a BAC invitation, the clock starts ticking:
28 days to compile and submit your complete application via the BSR’s online portal.
Failure to submit within this deadline is a criminal offence, potentially resulting in prosecution and significant penalties.
The Assessment Team
Your submission undergoes evaluation by a specialist multi-disciplinary panel:
- BSR Regulatory Lead: Oversees the assessment and compliance determination
- Fire Safety Specialist: Evaluates fire risk management and protection measures
- Structural Assessor: Reviews structural integrity and related risks
Assessments are primarily desk-based, though the BSR reserves the right to conduct site inspections when additional verification is required.
Three Pillars of Your BAC Application
The Safety Case Report
Your Safety Case Report forms the foundation of the BAC application. This detailed document must demonstrate:
- Comprehensive identification of fire and structural risks
- Evidence-based risk assessment methodologies
- Effective control measures and management systems
- How you’ve taken “all reasonable steps” to prevent and mitigate identified risks
The SCR isn’t merely a compliance exercise—it’s proof that you understand your building’s unique risk profile and have implemented proportionate, effective controls.
BB-SCR simplifies this process: Our AI-powered platform analyses your building documentation, identifies compliance gaps, and generates comprehensive Safety Case Reports in just 24 hours.
Your Resident Engagement Strategy
The Building Safety Act recognises residents as key stakeholders in building safety. Your Resident Engagement Strategy must detail:
- Communication channels: How you share safety information with residents
- Consultation processes: How residents contribute to safety decisions
- Accessibility: Ensuring all residents can participate, regardless of language or disability
- Feedback mechanisms: How resident concerns are captured and addressed
- Implementation evidence: Proof that your strategy operates in practice, not just on paper
The BSR expects to see active, meaningful engagement—not token gestures or box-ticking exercises.
Mandatory Occurrence Reporting System
Your MOR system provides the BSR with assurance that safety incidents don’t go unreported or unaddressed. You must demonstrate:
- Clear reporting procedures: How incidents are identified and documented
- Defined responsibilities: Who reports what, and to whom
- Timely escalation: Processes for urgent safety concerns
- Record-keeping: How occurrence data is maintained and analysed
- Continuous improvement: How reported incidents drive safety enhancements
During construction, the Principal Designer and Principal Contractor establish this system. Upon occupation, responsibility transfers to the PAP.
Don’t Wait: The Case for Immediate Preparation
The BSR’s Clear Guidance
The Building Safety Regulator has issued unambiguous advice: all PAPs should begin preparing their Safety Case Reports now, regardless of whether they’ve received a BAC invitation.
Why Proactive Preparation Matters
1. Complexity takes time: Comprehensive SCRs require extensive documentation gathering, risk assessments, and stakeholder coordination.
2. The 28-day window is tight: Once invited, you’ll face competing priorities and time pressure.
3. Quality matters: Rushed submissions risk rejection, requiring costly resubmission and potential enforcement action.
4. Continuous compliance: Even before BAC assessment, your legal duties under the Act are already in force.
5. Resident confidence: Demonstrating proactive safety management builds trust with your residents.
The Phased Rollout: Understanding Tranches
Tranche 1 (Commenced April 2024)
The BSR’s initial assessment wave targeted the highest-risk buildings:
Height and occupancy criteria:
- Buildings ≥50 metres with 11+ residential units
- Buildings ≥30 metres with 227+ residential units
Specific risk factors:
- Buildings with Aluminium Composite Material (ACM) cladding systems
- Large Panel System (LPS) construction (1956-1973) with gas supply and uncertain reinforcement status
Tranche 2 (Commenced June 2025)
The programme has now expanded to include:
Extended height bands:
- Buildings 30-49.99 metres with 11+ residential units
- Buildings 18-29.99 metres with 378+ residential units
What This Means for Your Building
If your building falls within Tranche 1 or 2 criteria, expect your BAC invitation imminently—if you haven’t received it already. Buildings outside these tranches will be called in subsequent phases as the BSR expands its assessment capacity.
Regardless of your tranche, preparation should begin now.
Common Challenges PAPs Face
Based on early BAC submissions and BSR feedback, property professionals commonly struggle with:
Documentation Gaps – Many buildings lack complete, current records of fire risk assessments, structural surveys, and building specifications.
Risk Assessment Quality – Generic, template-based risk assessments fail to address building-specific hazards and control measures.
Demonstrating “All Reasonable Steps” – The BSR expects evidence-based justification for risk management decisions, not assertions of compliance.
Resident Engagement Evidence – Strategies that look good on paper but lack implementation evidence don’t satisfy BSR requirements.
Coordination Across Multiple APs – Buildings with multiple Accountable Persons face additional complexity in coordinating responsibilities and documentation.
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