A Summary of the Building Safety Act 2022
What is the Building Safety Act?
The Building Safety Act 2022 is a major piece of new legislation which is intended to improve building safety standards in England and Wales.
It was introduced following the fire at Grenfell Tower in London in 2017 which killed 72 people and injured another 70. This event subsequently shone a bright light on the safety of high-rise residential buildings, including through:
the public inquiry and its two reports authored by Sir Martin Moore-Bick; and
the independent review led by Dame Judith Hackitt.
The Act introduced significant changes to the regulation of construction works, the enforcement of safety rules, and liability for construction defects. It establishes new legal responsibilities, extends liability periods, and strengthens oversight, particularly for higher-risk buildings.
Some Key Provisions of the Building Safety Act 2022
The BSA 2022 is a complex and nuanced document, split into six parts and 11 schedules. It is a difficult document to accurately summarise, but there are several provisions which are likely to be important for construction dispute resolution in particular.
Limitation
Significantly, it extends liability for claims for construction defects pursuant to the Defective Premises Act 1972, from six years to:
30 years for claims which accrued before the BSA 2022 came into force; and
15 years for claims which accrue after the BSA 2022 came into force;
Note that:
these extended limitation periods do not apply to claims that have already been settled or finally determined (e.g. by court judgment); and
if the 30-year limitation period would have expired less than 12 months after the relevant provision of the BSA 2022 came into force, the limitation period is extended until the end of that 12 months. Therefore, in theory it may be possible to bring a claim 30 years and 364 days after it accrued.
The BSA 2022 also extends limitation from six to 15 years for claims for breaches of section 38 of the Building Act 1984 (i.e. private individuals claiming damages for harm caused by a breach of the building regulations) providing that such claims arise after the BSA 2022 came into force.
Extended Liability
Of equal significance, the BSA 2022 aims to prevent a developer avoiding liability for safety defects relating to fire and/or structural defects because they incorporate and operate special purpose vehicles for a project, which is later dissolved when the project is complete. The BSA 2022 introduces “building liability orders” which can be granted by the High Court to extend the liability of one company (including a limited liability partnership) to any of its associated companies, and make them jointly and severally liable.
A company is “associated” with another if one of them controls the other (for example, parent companies) or if both are controlled by a third company (for example, sister companies). It does not matter if one of them has been dissolved.
Two further types of new order introduced by the BSA 2022 are:
remediation orders: these can be issued against landlords to ensure that any defects which cause a fire or structural safety risk are remedied by the landlord; and
remediation contribution orders: these can be issued to ensure that landlords, developers and “associated” persons contribute towards the cost of remediation work carried out by a third party.
These two orders are issued by the First-tier Tribunal, rather than the High Court.
New-Build Warranties
Whilst new-build warranties (such as those provided by the NHBC) are already commonplace, they are not mandatory.
The BSA 2022 requires developers of new-build homes are obliged to provide purchasers with new-build home warranties that satisfy Government-mandated requirements.
The warranties must last for 15 years, which is longer than the 10-years that was the industry standard previously.
However, at the time of writing (February 2025) the provisions of the BSA 2022 which mandate such new-build warranties are not in force. Whilst that means developers can still issue 10-year warranties (or no warranty at all), the 15-year limitation period is in force, and so developers would be wise to take account of that when considering warranties and their durations.
Construction Materials
The BSA 2022 includes powers enabling parties to sue the manufacturers of products used in construction if those products breach the Construction Products Regulations (or their predecessor legislation) in a way that causes a building or dwelling to become unfit for habitation.
They may be sued for damages (including for personal injury, and economic loss), and may be made subject to a “costs contribution requirement” which requires the manufacturer to pay a sum that the Government considers appropriate towards the cost of remedial work.
The Building Safety Regulator
The BSA 2022 establishes the “Building Safety Regulator” (BSR), which is essentially a division of the Health and Safety Executive (HSE).
The BSR enforces safety standards, oversees competence requirements, and ensures compliance with building regulations for all buildings which meet the definition of “higher-risk”.
The BSA 2022 defines higher-risk buildings as those which are at least 18 metres tall, or that have at least seven storeys, and that contain two or more residential units.
The BSR can take steps to intervene if the requirements of the BSA are not complied with. For example, it can issue compliance and stop-work notices wherever it identifies unsafe work, and can prosecute criminal offences under the BSA 2022.
Conclusion
The Building Safety Act 2022 represents a fundamental change to how buildings – in particular tall residential buildings – are regulated and made safe in England and Wales. It affects both new construction, and buildings that have already been completed.
Its provisions are complex, and nuanced, and some are yet to be brought into force at all. However, certain provisions are in force and will have a significant impact on construction disputes for many years to come.
If you are facing a fire or structural safety issues – whether it’s at a design, construction, or post-completion stage, contact Hamshaw today.
For more insights on construction law and building safety, read our other articles.