By Tort Law Team 
Thousands of higher-risk residential buildings across England now sit under one of the most significant overhauls of building regulation in decades. The Grenfell Tower tragedy exposed systemic failures in design, construction, oversight and ongoing management. Parliament responded with the Building Safety Act 2022, which creates clear accountability, stricter controls and lasting information requirements for buildings that pose the greatest risk to residents.
If you are a developer, contractor, architect, landlord, freeholder, property manager or the person legally responsible for a high-rise residential block, this guide walks you through what the Act actually demands and how to meet those duties in practice. You will find clear explanations of high-risk building thresholds, the role of the Accountable Person, the Golden Thread of information, the Gateway process, safety case reports and resident engagement, plus practical steps you can take right now.
What Counts as a High-Risk Building Under the Building Safety Act
The Building Safety Act focuses its toughest rules on higher-risk buildings (often called HRBs). In England a building falls into this category when it meets both of these tests:
- It is at least 18 metres in height or has at least seven storeys, and
- It contains at least two residential units.
Height is measured from ground level to the top floor surface of the highest occupied storey. Certain buildings such as hospitals and care homes follow slightly different rules for some parts of the regime, but the core residential definition above is the one most developers, landlords and managers deal with every day.
Buildings below this threshold still face fire safety duties under the Fire Safety Act 2021 and the Regulatory Reform (Fire Safety) Order 2005, plus remediation protections that apply from 11 metres. The full higher-risk regime, however, is reserved for the taller multi-unit residential buildings that present the greatest potential harm if something goes wrong.
The Building Safety Regulator and the Health and Safety Executive
The Building Safety Regulator (BSR) sits within the Health and Safety Executive and acts as the single regulator for higher-risk buildings. It is the building control authority for all higher-risk building work. That means local authority or private approved inspectors no longer control these projects. Every relevant application goes to the BSR.
The BSR maintains the register of higher-risk buildings, issues Building Assessment Certificates, oversees the Gateway process, receives mandatory occurrence reports and can take enforcement action when duty holders fall short. Recent updates from the BSR emphasise a more proportionate and targeted approach to assessments while stressing that the underlying legal duties on Accountable Persons remain fully in force.
Who Is the Accountable Person Under the Building Safety Act
One of the Act’s central innovations is the clear identification of who is legally responsible once a higher-risk building is occupied. An Accountable Person is anyone who holds a legal estate in possession of any common parts or who is under a relevant repairing obligation in relation to those common parts.
In practice this is usually:
- The freeholder
- A management company with repairing obligations under the leases
- A commonhold association
- In some cases a local authority or social housing provider
Where more than one Accountable Person exists, the Principal Accountable Person is the one responsible for the structure and exterior of the building. The Principal Accountable Person carries the main duties around registration, the safety case report, the Building Assessment Certificate and overall coordination.
If you are unsure whether you are an Accountable Person, start by examining the title documents and the repairing covenants in the leases. Getting this wrong can leave gaps in responsibility that the BSR will not accept.
Core Duties of Accountable Persons
Accountable Persons must take all reasonable steps to prevent building safety risks (the spread of fire and structural failure) and to reduce the severity of any incident that does occur. Concretely this means:
- Registering the building with the BSR (existing occupied buildings had a deadline that has now passed; new buildings must be registered before occupation)
- Assessing and managing building safety risks on an ongoing basis
- Preparing and maintaining a safety case report
- Keeping the Golden Thread of information up to date
- Putting in place a mandatory occurrence reporting system
- Developing and delivering a resident engagement strategy
- Applying for a Building Assessment Certificate when directed by the BSR
These duties are ongoing. They do not end once a certificate is issued.
The Golden Thread of Information: Your Digital Safety Record
The Golden Thread is one of the most practical and far-reaching requirements of the Building Safety Act. It is a comprehensive, accurate, up-to-date digital record of the information needed to understand the building and keep people safe throughout its life.
During design and construction the client, principal designer and principal contractor create and maintain the Golden Thread. At handover it passes to the Accountable Person(s), who must keep it current for the rest of the building’s life.
The Golden Thread must be:
- Digital and securely stored
- Accurate and kept up to date
- Accessible to those who need it (including residents where appropriate)
- Written in plain language where possible
Typical contents include design and construction information, fire safety strategies, structural assessments, maintenance records, change control history, safety case reports, resident engagement records and mandatory occurrence reports. Regulations set out the precise categories of information that must be kept and when copies must be shared with other parties.
Many organisations now use dedicated digital platforms that allow version control, audit trails and controlled access. Paper files or scattered email folders will not meet the standard.
The Gateway Process: Safety Checkpoints from Design to Occupation
For new higher-risk buildings (and certain works to existing ones) the Act introduces three formal Gateways.
Gateway 1: sits at the planning stage. Planning authorities must consult the BSR on fire safety matters for relevant buildings. This early checkpoint aims to stop fundamentally unsafe designs progressing.
Gateway 2: is the building control approval stage. No higher-risk building work can lawfully start until the BSR has approved the application. The application must demonstrate that the finished building will comply with the Building Regulations. Required documents typically include:
- Competence declarations for the principal designer and principal contractor
- A building regulations compliance statement
- A fire and emergency file
- A construction control plan
- A change control plan
- A mandatory occurrence reporting plan
The statutory determination period is 12 weeks for new buildings (shorter for some existing-building works), though real-world times have varied. Starting work without approval is a criminal offence.
Gateway 3: is the final hard stop before occupation. The BSR reviews the completed work, the as-built information and the Golden Thread handover. Only after a completion certificate is issued and the building is registered can residents move in. Occupying without these steps is also a criminal offence.
For works to existing higher-risk buildings the same principles apply, with categories of work (often referred to as Category A and Category B) determining the level of documentation required. Recent consultations have explored more proportionate treatment of lower-risk internal works.
Safety Case Reports and Building Assessment Certificates
Once a higher-risk building is occupied, the Principal Accountable Person must prepare a safety case report. This living document sets out:
- The building safety risks that have been identified
- How those risks have been assessed
- The measures in place to manage them
- How the effectiveness of those measures is monitored and reviewed
The report draws heavily on the Golden Thread. It is not a one-off document; it must be kept current and updated when significant changes occur.
The BSR directs Principal Accountable Persons to apply for a Building Assessment Certificate. The application pack usually includes the safety case report, evidence of the resident engagement strategy, the mandatory occurrence reporting system and other supporting material. The BSR issues the certificate if it is satisfied that the legal duties are being met. The most recent certificate must be displayed prominently in the building.
In July 2026 the BSR announced plans for a more proportionate and targeted approach to these assessments, with greater support for resident-led Principal Accountable Persons. The core legal duties themselves remain unchanged and enforceable.
Resident Engagement: Putting People at the Centre
The Act requires Accountable Persons to promote the participation of residents in decisions about building safety. A formal resident engagement strategy must be prepared, kept under review and made available.
Good practice includes clear communication channels, regular updates on safety measures, opportunities for residents to raise concerns, and accessible information about evacuation procedures and what to do in an emergency. Residents themselves have duties not to interfere with safety systems and to cooperate with reasonable requests for information.
Effective engagement reduces the risk of unexpected problems and builds trust. Poor engagement is increasingly visible to the BSR during assessments.
Links to the Fire Safety Act 2021 and the Defective Premises Act
The Building Safety Act does not sit in isolation. The Fire Safety Act 2021 clarified that the Regulatory Reform (Fire Safety) Order applies to the structure, external walls and flat entrance doors of multi-occupied residential buildings. Responsible Persons under the Fire Safety Order and Accountable Persons under the Building Safety Act often overlap, but the duties are distinct and both must be discharged.
The Defective Premises Act was also strengthened. The limitation period for claims relating to dwellings that are unfit for habitation was extended, and new causes of action were created in respect of certain building work. Developers and contractors now face longer exposure for historic defects, which makes thorough documentation and competent work even more important from day one.
Practical Steps to Achieve and Maintain Compliance
- Confirm whether your building is higher-risk and identify every Accountable Person and the Principal Accountable Person.
- Complete or update registration with the BSR if required.
- Map your existing information against Golden Thread requirements and close the gaps with a digital system that supports version control and access management.
- Carry out (or commission) a suitable and sufficient assessment of building safety risks and produce or refresh the safety case report.
- Establish a mandatory occurrence reporting system that captures structural and fire safety incidents and near-misses.
- Write and implement a resident engagement strategy, then keep records of what you have done.
- For any new higher-risk work, prepare thoroughly for Gateway 2 and do not start on site until approval is granted.
- Budget for the ongoing costs of competent advice, digital systems, assessments and engagement.
- Train your teams so that everyone understands their role in the Golden Thread and change control.
- Monitor BSR guidance and enforcement trends; the regulator continues to refine its processes.
Common Pitfalls to Avoid
- Assuming that an existing fire risk assessment automatically satisfies the building safety risk assessment duty. The scopes differ.
- Treating the Golden Thread as a static archive rather than a living record.
- Delaying resident engagement until a problem arises.
- Starting work on a higher-risk building without Gateway 2 approval.
- Failing to hand over a complete Golden Thread at practical completion.
- Underestimating the time and evidence required for a Building Assessment Certificate application.
Conclusion
The Building Safety Act 2022 has shifted the culture of high-rise residential development and management from reactive compliance to continuous accountability. Higher-risk buildings now require identifiable duty holders, rigorous Gateways, a living Golden Thread of information, safety case reports and genuine resident engagement. The Building Safety Regulator has the powers and the mandate to enforce these requirements.
Meeting the duties is not optional, but it is achievable with clear processes, competent people and the right digital tools. Start by confirming your status as an Accountable Person, mapping your information gaps and putting a realistic plan in place. If you need specialist support, engage experienced building safety consultants or legal advisers who understand both the legislation and the practical realities of managing occupied higher-risk buildings.
Take the next step today: review your current arrangements against the requirements set out above and close any gaps before the regulator directs you to apply for a Building Assessment Certificate.
Frequently Asked Questions
Who is the Accountable Person under the Building Safety Act?
An Accountable Person is anyone with a legal estate in the common parts or a legal repairing obligation in respect of those parts. Where more than one exists, the Principal Accountable Person is responsible for the structure and exterior.
What is a high-risk building for Building Safety Act purposes?
In England it is a building that is at least 18 metres high or has at least seven storeys and contains at least two residential units.
What is the Golden Thread of information?
It is the digital, accurate, up-to-date record of building safety information that must be created during design and construction and maintained throughout the life of a higher-risk building.
What is the Gateway 2 building control approval process?
Gateway 2 is the stage at which the Building Safety Regulator must approve the building control application before any higher-risk building work can lawfully start.
Do existing higher-risk buildings need a Building Assessment Certificate?
Yes. The Principal Accountable Person must apply when directed by the Building Safety Regulator. The certificate confirms that the legal duties relating to fire spread and structural failure are being met at the time of assessment.
How does the Fire Safety Act 2021 interact with the Building Safety Act?
The Fire Safety Act clarified the scope of the Fire Safety Order for multi-occupied residential buildings. Accountable Persons and Responsible Persons often overlap, but both sets of duties must be fulfilled.
What happens if I fail to register a higher-risk building or maintain the Golden Thread?
Failure to comply can lead to enforcement action by the Building Safety Regulator, including compliance notices, criminal prosecution and unlimited fines.