Tools
Are you a Building Safety Act duty-holder?
Answer four short questions about the building — height and storeys, residential units, use, and who holds the repairing obligations — and this tool gives an indicative read on whether it is a higher-risk building under the Building Safety Act 2022, and whether you are likely the accountable person or principal accountable person. Where the answer genuinely depends on facts this tool cannot see, it says “take advice” rather than guessing.
Higher-risk building?
Borderline — take advice
- Height and storeys were not given — enter at least one, measured per SI 2023/275 regs 5-6, to assess the s.65 threshold.
- Number of residential units was not given.
Accountable person / principal accountable person
Likely the accountable person — and, as the only one, likely the principal accountable person too
- A single freeholder/landlord holding the legal estate (or the repairing obligation, if no legal estate is held) for all common parts is likely the accountable person under s.72 — and, being the only accountable person, likely also the principal accountable person under s.73(1)(a).
If this is a higher-risk building, the duties are
- Register the buildingThe principal accountable person must register an occupied higher-risk building with the Building Safety Regulator before residents occupy it — occupying an unregistered higher-risk building is an offence.BSA 2022 ss.77-78
- Apply for a building assessment certificateThe principal accountable person must apply for, and then display, a building assessment certificate for the building.BSA 2022 ss.79-82
- Assess and manage building safety risksEvery accountable person must assess the risk of fire spread and structural failure for the part of the building they are responsible for, and take all reasonable steps to prevent it, or reduce the severity of an incident.BSA 2022 ss.83-84
- Prepare and keep a safety case reportThe principal accountable person must prepare a safety case report describing the risk assessment and the measures taken, keep it current, and notify the regulator when it is prepared or revised.BSA 2022 ss.85-86
- Report safety occurrencesAccountable persons must report prescribed fire or structural safety occurrences to the regulator.BSA 2022 s.87
- Keep and share golden thread informationAccountable persons must keep prescribed building safety information up to date and provide it to the regulator, residents, other accountable persons, and — on a change of accountable person — the incoming accountable person.BSA 2022 ss.88-90
- Engage with residentsThe principal accountable person must prepare and maintain a residents' engagement strategy, respond to residents' requests for further information, and operate a complaints procedure.BSA 2022 ss.91-94
- Cooperate with other accountable personsWhere a building has more than one accountable person, each must cooperate and coordinate with the others so building safety risks are managed across the whole building.BSA 2022 s.109
This tool gives general guidance, not professional advice — commission a qualified assessment for your building.
This tool gives general guidance, not professional advice — commission a qualified assessment for your building.
Sources
Building Safety Act 2022, Part 4 (the occupied-building higher-risk regime) — legislation.gov.uk, sections 65 (meaning of “higher-risk building”), 71 (“occupied” higher-risk building), 72-73 (accountable person / principal accountable person) and 77-109 (duties). The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (SI 2023/275) — legislation.gov.uk, regulations 5-6 (how height and storeys are measured and counted) and 8 (the excluded building uses for this regime). Plain-English background from GOV.UK and the Building Safety Regulator. This tool covers the occupied-building regime only — a different, narrower set of exclusions applies to the design-and-construction gateway definition of a higher-risk building, which this tool does not answer.
For the duties that follow once a building is registered, read Building Safety Act 2022: what principal accountable persons need to know.
Need a definitive answer, not an indicative one?
We help accountable persons and principal accountable persons work out what applies to their building and what evidence they already have — and what is missing.