Understanding the Building Safety Act 2022
Why the Building Safety Act Has Changed Residential Development
The Building Safety Act 2022 has fundamentally changed how Higher-Risk Buildings are designed, coordinated and approved in England. For developers, leaseholders, consultants and contractors, the legislation represents a significant shift away from traditional compliance processes towards a far more structured system of accountability and evidence-based design.
Many projects now require far earlier consideration of fire safety, design coordination and regulatory strategy. This is particularly relevant for teams working on Higher-Risk Buildings, where the Building Safety Regulator oversees approvals through the Gateway process. Our High Risk Building Services and High Risk Building Hub explore these requirements in greater detail.
Understanding how the legislation affects design development, consultant coordination and project delivery can significantly reduce regulatory risk. It also helps avoid common issues that emerge when Building Safety Act obligations are only considered late in the design process. Our wider guidance on Building Regulations and Gateway submissions is intended to help clients navigate these changes with greater confidence.
Why the Building Safety Act Was Introduced
The legislation emerged following extensive reviews of building safety regulation in England. Its objective is not simply to introduce additional paperwork, but to improve accountability, competence and transparency throughout the lifecycle of residential buildings.
Rather than treating compliance as a final-stage approval exercise, the Act requires safety considerations to be embedded within design decision-making from the outset. Responsibility must be clearly allocated and supported by coordinated evidence.
What Is a Higher-Risk Building?
For design and construction purposes, a Higher-Risk Building generally includes residential buildings that are at least 18 metres in height or seven storeys and contain at least two residential units. Student accommodation, care facilities and mixed-use developments may also fall within the regime depending on their use and configuration.
Establishing whether a project falls within HRB scope should happen at the earliest feasibility stage. Delayed assessment can lead to programme disruption, procurement challenges and significant redesign.
The Role of the Building Safety Regulator
The Building Safety Regulator now acts as the Building Control Authority for Higher-Risk Buildings. Unlike traditional approval routes, submissions are reviewed through a more comprehensive regulatory framework that considers competence, coordination and evidence of compliance.
The Regulator expects information to be clear, traceable and consistent across all disciplines. Drawings, specifications, fire strategies and consultant information must support a coherent compliance narrative rather than operating as isolated documents.
Understanding the Gateway Process
The Building Safety Act introduces formal Gateway approval stages. Gateway 1 focuses on planning-stage fire safety considerations. Gateway 2 requires detailed Building Regulations approval before construction can commence. Gateway 3 addresses completion and occupation requirements.
Gateway 2 has become one of the most significant procedural changes affecting residential development. Unlike traditional approaches where design development often continued during construction, projects now require a far greater level of design resolution before works begin. Our article on Navigating Gateway 2 in Knightsbridge demonstrates how this works in practice.
Frequently asked questions
The following questions and answers summarise common queries relating to this topic.
The Act improves accountability, safety management and regulatory oversight for residential buildings, particularly Higher-Risk Buildings.
Generally, residential buildings that are at least 18 metres high or seven storeys with two or more residential units fall within the Higher-Risk Building regime.
Gateway 2 is the Building Safety Regulator approval stage that must be passed before construction begins on a Higher-Risk Building project.
Responsibility is shared through statutory dutyholder roles including the Client, Principal Designer and Principal Contractor.
Yes. Refurbishment works within Higher-Risk Buildings may still require Gateway approvals and Building Safety Regulator oversight depending on the nature of the works.
Dutyholders and Design Responsibility
The Act establishes statutory dutyholder roles including the Client, Principal Designer and Principal Contractor. These appointments carry legal responsibilities relating to planning, managing and monitoring compliance with Building Regulations requirements.
For many projects, the Principal Designer role is particularly significant. Effective coordination helps ensure that fire safety, structure, accessibility and other regulatory requirements are considered collectively rather than in isolation. Our guidance on the role of the Principal Designer explains these responsibilities further.
Why Early Coordination Matters
One of the most common causes of delay under the Building Safety Act is incomplete coordination between consultants. Fire strategies, architectural drawings, structural proposals and services design must align. Where inconsistencies emerge, approval processes become significantly more difficult.
Early coordination also supports realistic programme planning. Gateway approvals, information reviews and regulator responses all affect project timescales. Understanding these requirements at feasibility stage helps clients make more informed decisions regarding procurement and delivery.
Building Safety Act Challenges in Refurbishment Projects
Refurbishment projects often present additional complexity. Existing buildings may contain historic construction methods, incomplete records or legacy fire safety arrangements. In these situations, compliance frequently depends upon careful assessment, proportionate reasoning and robust technical justification.
This is particularly relevant within occupied buildings, listed properties and complex residential developments where design changes can affect compartmentation, means of escape or structural performance.
Practical Advice for Clients and Developers
The Building Safety Act should not be viewed as a standalone compliance exercise. Successful projects typically integrate regulatory strategy, consultant coordination and design development from the outset.
Clients benefit from understanding regulatory scope early, defining responsibilities clearly and ensuring design teams are experienced in Higher-Risk Building procedures. Early investment in coordination often prevents far greater costs and delays later in the programme.
Moving Forward Under the Building Safety Act
The Building Safety Act represents a long-term change in how residential buildings are designed and delivered. While the process introduces additional obligations, it also encourages greater clarity, accountability and technical rigour across the industry.
At Folly Architects, we support clients through Higher-Risk Building strategy, Gateway submissions, Building Regulations coordination and Principal Designer duties. Whether a project is at feasibility stage or preparing for regulator approval, early strategic input can significantly improve outcomes.
Contact us
If you would like to discuss a project, clarify regulatory requirements, or understand how our experience may be relevant to your work, you are welcome to get in touch.
