Building Safety Act 2022 Landlord Guide — Higher-Risk Buildings, Accountable Persons and Ground 6A

The Building Safety Act 2022 (BSA 2022) creates a new regulatory regime for 'higher-risk buildings' — residential buildings over 18 metres or 7 storeys in England. It establishes the Building Safety Regulator, introduces the 'accountable person' framework, requires a Golden Thread of building information, and restricts the ability of building owners to pass cladding remediation costs to qualifying leaseholders.

Higher-risk buildings — 18m / 7 storeys

• Buildings with at least 2 residential units that are at least 18 metres tall or have at least 7 storeys are 'higher-risk buildings'
• The accountable person (AP) is the entity controlling the common parts — typically the freeholder or resident management company
• The AP must register the building with the Building Safety Regulator and maintain a Golden Thread of building information
• Failure to register is a criminal offence. Unregistered buildings can be prohibited from occupation

Cladding remediation and leaseholder protections

• Qualifying leaseholders (owned flat on 14 February 2022) are protected from certain remediation costs being passed via the service charge
• Remediation orders: the First-tier Tribunal can require the building owner to carry out remediation works
• Remediation contribution orders: developers or landlords can be required to contribute to remediation costs
• Ground 6A (Renters' Rights Act 2025): mandatory possession ground where a remediation order applies and works cannot safely proceed with tenants in occupation. Notice: 4 weeks

Fire Safety Act 2021 — additional obligations

• FRA must now cover flat entrance doors, external walls (including cladding), and balconies
• Buildings over 11m: monthly lift checks, quarterly fire door checks
• Buildings over 18m: evacuation plans, residents' engagement strategy, Building Safety Case Report