The Building Safety Act 2022: What Directors, Freeholders and Leaseholders Need to Know

The Building Safety Act 2022 represents one of the most significant changes to residential property management in a generation.

Introduced following the Grenfell Tower tragedy, the legislation aims to improve building safety, strengthen accountability and ensure that those responsible for managing residential buildings actively identify and manage safety risks.

The Act places additional responsibilities on freeholders, Resident Management Companies (RMCs), Right to Manage (RTM) Companies and managing agents, particularly in relation to fire safety and resident engagement.

What Is the Building Safety Act?

The Building Safety Act introduces a new regulatory framework for residential buildings and creates enhanced responsibilities for those responsible for managing them.

The legislation is particularly relevant to higher-risk buildings, generally defined as residential buildings that are:

• At least 18 metres in height; or
• Seven storeys or more
• 
  

However, many of the principles and compliance obligations introduced by the Act have wider implications across the residential property sector.

Who Is Responsible?

The Act introduces the concept of an Accountable Person and, where applicable, a Principal Accountable Person.

These individuals or organisations are responsible for managing and reducing building safety risks relating to:

• Structural safety
• Fire safety
• Building safety management

Depending on the ownership and management structure, this may be the freeholder, an RTM Company, an RMC or another responsible entity.

Fire Risk Assessments

A suitable and sufficient Fire Risk Assessment remains one of the most important building safety documents.

Fire Risk Assessments should:

• Be carried out by a competent person
• Be reviewed regularly
• Be updated when significant changes occur
• Identify risks and recommend corrective actions
• Be supported by ongoing maintenance and testing programmes

A Fire Risk Assessment should not be viewed as a one-off exercise but as part of a wider building safety strategy.

Resident Engagement

A key objective of the Building Safety Act is to ensure residents are properly informed and engaged.

Those responsible for managing buildings are expected to:

• Provide relevant building safety information
• Communicate significant safety matters
• Explain how concerns can be raised
• Encourage resident participation where appropriate

Clear communication helps improve transparency and supports a stronger safety culture within residential developments.

Building Safety Records and Compliance

Good record keeping has become increasingly important.

Managing organisations should ensure they maintain accurate records relating to:

• Fire Risk Assessments
• Fire alarm systems
• Emergency lighting
• Smoke ventilation systems (AOVs)
• Fire doors
• Health and safety inspections
• Building maintenance
• Safety-related remedial works

Maintaining accurate records can help demonstrate compliance and support effective management of building safety risks.

What Does This Mean for RTM and RMC Directors?

Many volunteer directors are surprised by the extent of their responsibilities.

Whilst directors are not expected to become building safety experts, they should understand:

• Their legal obligations
• The importance of professional advice
• The need for competent contractors and consultants
• The importance of maintaining accurate records
• The need for ongoing monitoring and review

The Building Safety Act has increased the importance of proactive management and long-term planning.

How Archery Estates Can Help

At Archery Estates, we work closely with Freeholders, RTM Companies and Resident Management Companies to help navigate an increasingly complex regulatory environment.

We can assist with:

• Fire Risk Assessment coordination
• Building safety compliance reviews
• Resident engagement strategies
• Planned preventative maintenance programmes
• Contractor management
• Remedial works coordination
• Compliance monitoring and reporting

Our aim is to help directors and property owners understand their responsibilities whilst maintaining safe, compliant and well-managed developments.

Need Advice?

If you are a Director, Freeholder, RTM Company or Resident Management Company and would like guidance on Building Safety Act compliance, fire safety obligations or ongoing building management responsibilities, contact Archery Estates for practical advice and support.