The Building Safety Act 2022 (Commencement No. 2) Regulations 2022

The Building Safety Act 2022 introduces changes to building regulation and control for higher-risk buildings (buildings of at least 18m in height or with at least 7 storeys, and in either case containing at least 2 residential units) in England. It is made primarily in response to the Grenfell Tower disaster and the inadequacies that caused it.

To enable these changes, this Act establishes a building safety regulator as part of the Health and Safety Executive (HSE), with the objectives of securing the safety of people in / around buildings and improving the general standard of buildings. This regulator enforces the many new duties imposed on an accountable person in relation to higher-risk buildings, laid out in this Act. In addition to higher-risk buildings, this Act also lays the groundwork for future regulations on prohibition of development and building control and construction products, and makes significant amendments to the Building Act 1984.

Section 126 lays down the groundwork for the establishment of ‘building industry schemes’ by the Secretary of State. These will be created to help ensure safety in and around buildings as well as to improve the overall standard of buildings.

Different sections of this Act come into force at different times (outlined in Section 170). Part 2 (The regulator and its functions) and Part 4 (Higher-risk buildings) largely come into force for the purposes of making additional regulations under this Act on the day this Act is passed. Part 3 will be brought into force by subsequent regulations made by either the Welsh Ministers (for Wales) or Secretary of State (for England).

Premises to which the Fire Safety Order applies:

Where a building contain two or more sets of domestic premises, the Order will apply to:

• the building’s structure and external walls and any common parts;
• all doors between the domestic premises and common parts;
• doors or windows in external walls; and
• anything attached to the exterior of walls (including cladding and balconies).

Power to change premises to which the Fire Safety Order applies:

In England, the Secretary of State is given the power to make changes, or to clarify the premises the Order applies to, through further Regulations. In Wales, this power is give to the Welsh Ministers. In both cases, they must carry out a consultation beforehand.