The role of a building owner has changed a lot in recent years. Events such as the Grenfell Tower tragedy led to new laws that increased safety requirements for anyone responsible for a building. The Building Safety Act 2022 sets out strict legal obligations, especially for those in charge of high rise residential buildings.

Following the rules is essential, but the best approach to safety is to go further than the minimum. Building owner safety responsibilities should be about preventing problems before they happen, keeping residents informed, and creating a safe environment for everyone. This means combining legal compliance with strong leadership in safety.

Understanding Key Roles and Definitions

To fully understand building owner safety responsibilities, it helps to know the different roles mentioned in the law.

A building owner is often the freeholder or landlord who is responsible for the structure, exterior, and common parts of the building. In high-rise residential buildings, the accountable person is the individual or organisation in charge of repairing or maintaining the common parts, which can include corridors, lobbies, and the exterior of the building.

If there is more than one accountable person, the one responsible for the structure and exterior is called the principal accountable person. This person must register the building with the Building Safety Regulator, keep safety information up to date and coordinate with other accountable persons.

Under the Regulatory Reform (Fire Safety) Order 2005, a responsible person has duties regarding fire safety in non-domestic parts of the building. This role includes ensuring a fire risk assessment is done, updating fire safety arrangements, and sharing safety information with others.

The Building Safety Act 2022 also requires the appointment of principal designers and principal contractors when building work is planned or carried out. These professionals must ensure that work meets building regulations and that fire and structural safety are integrated into the design and construction process.

Legal Duties Under the Building Safety Act 2022

The Building Safety Act 2022 introduced new rules for the design, construction, and ongoing safety of higher-risk residential buildings. These are buildings in England that are at least 18 metres tall or have seven or more storeys and contain at least two residential units.

Key legal obligations for building owners and accountable persons include:

• Registering higher-risk residential buildings with the Building Safety Regulator
• Keeping a golden thread of information, which is a complete and up-to-date record of safety details for the building
• Creating and maintaining a safety case report to show how fire and structural safety risks are managed
• Taking all reasonable steps to prevent safety risks and reduce the impact if they occur
• Working closely with other accountable persons and the responsible person to ensure a whole building approach to safety

Building owners are also responsible for fixing certain historical safety problems, such as unsafe cladding or poor-quality fire doors. In some cases, the law prevents these costs from being passed on to residents.

Fire Safety Duties and the Responsible Person

The Building Safety Act 2022 changed the Fire Safety Order to give the responsible person more duties. They must now keep a full written fire risk assessment and record all fire safety arrangements, not just the main findings. They must also record the name and organisation of anyone who carried out the assessment.

The responsible person must share safety details with other duty holders and residents. This includes the building’s fire safety measures, evacuation plans, and any risks that have been found. They must also give a UK-based address so that formal notices can be sent.

If more than one responsible person is involved, they must identify each other and work together. This ensures that fire safety is consistent throughout the building.

Going Beyond the Legal Checklist

Meeting the legal requirements is only part of building owner safety responsibilities. Good safety leadership means doing more than the minimum. This can include:

• Speaking regularly with residents and listening to their concerns
• Carrying out safety checks more often than the law requires
• Making sure maintenance work prevents problems instead of only fixing them when they appear
• Keeping records that are always accurate and ready to share

Using modern tools can help. For example, the MosaicGT app can store and manage all building safety records digitally, making it easier for building owners and accountable persons to meet their legal duties and maintain the golden thread of information.

Managing Safety Through the Building Lifecycle

Safety responsibilities begin before a building is even occupied. Under the Building Safety Act 2022, the Gateway system ensures that safety is checked at every stage of a project.

• Gateway 1: Safety is considered during planning, including how fire safety will be built into the design.
• Gateway 2: Detailed designs are reviewed before building work starts, checking compliance with building regulations.
• Gateway 3: This is a final check before people move in, confirming that the building is safe and that the golden thread of information is complete.

Once people live or work in the building, duties continue. This includes carrying out regular fire risk assessments, maintaining fire safety arrangements, and updating safety case reports. In higher-risk residential buildings, the principal accountable person must be able to show the regulator that risks are being managed effectively.

Working With Other Duty Holders

Many buildings have several people or organisations involved in safety management. This can include accountable persons responsible for different areas, principal designers and principal contractors from the construction stage, and the responsible person for fire safety.

Cooperation is essential. Everyone must share information promptly, agree on responsibilities, and understand how their roles fit together. Local authorities can enforce safety rules, so clear communication helps to prevent problems and delays.

Avoiding Common Pitfalls

Common problems occur when safety records are incomplete, when the golden thread of information is not kept up to date, or when duty holders fail to work together. Risks also arise if building owners rely too much on contractors without checking their competence.

Strong leadership can prevent these issues. This means keeping full and accurate records, choosing skilled contractors, and maintaining regular contact with residents.

Conclusion

The Building Safety Act 2022 reshaped building owner safety responsibilities, especially for those managing higher-risk residential buildings. Following the law is vital, but true safety leadership involves more than compliance.

By taking a proactive approach, keeping the golden thread of information complete, working closely with other duty holders, and using digital tools to manage safety data, building owners can protect residents, meet their legal obligations, and set higher standards for fire and structural safety.

For more guidance on meeting your building owner safety responsibilities and keeping a clear, up-to-date record of compliance, contact us today.