The Building Safety Act 2022

The Building Safety Act 2022: What It Actually Means for Managing Agents in the North West

Three years on from Royal Assent, the Building Safety Act remains widely misunderstood by the very professionals it most directly affects. Here is what managing agents in the North West and North Wales need to know.

By Fletcher Risk | Chester · Liverpool · Manchester · Warrington · North Wales | 9 March 2026

The Building Safety Act 2022 is described by the UK Government as the most significant reform to building safety regulation in a generation, and it has reshaped the legal framework within which managing agents operate. And yet, many of the agents we work for still seem to be uncertain about what the act actually requires of them. This article will attempt to provide a plain-terms account of the provisions most likely to affect professional property managers overseeing residential blocks, commercial premises and mixed-use developments in cities like Chester, Liverpool and Manchester.

The Context: Why the Act Exists

The Building Safety Act 2022 was the legislative response to the Grenfell Tower fire of June 2017, in which 72 people lost their lives. The Hackitt Review, commissioned in the aftermath, concluded that the existing regulatory framework for building safety was 'not fit for purpose', characterised by a race to the bottom on costs, a confusion of responsibilities, and a culture of systemic non-compliance. The Act was Parliament's attempt to dismantle that framework and replace it with something more robust.

The core principle underpinning the Act is the concept of a clear, accountable duty-holder at every stage of a building's life, from design and construction through to occupation and ongoing management. For managing agents, it is the occupation phase that matters most.

Higher-Risk Buildings: The New Regime

The Act introduces a distinct regulatory tier for what it calls 'higher-risk buildings', defined, at present, as residential buildings of at least 18 metres in height or at least seven storeys, containing two or more dwellings. For managing agents with buildings in this category, the implications are significant.

Higher-risk buildings must be registered with the Building Safety Regulator, an executive body established within the Health and Safety Executive. Registration is not optional. Managing agents acting as the Principal Accountable Person — the entity responsible for the external wall and structure — must ensure their buildings are on the register and must maintain a suite of documents known as the 'golden thread': a living, digital record of the building's design, construction and ongoing safety management.

The golden thread is a dynamic record that must be updated whenever works are carried out, whenever safety-critical information changes, and whenever the building's safety case (the structured argument that the building is being managed safely) is reviewed. For managing agents accustomed to periodic, static documentation, the shift to continuous, accountable record-keeping represents a material change in practice.

Key obligations for higher-risk buildings under the BSA:

Register the building with the Building Safety Regulator.
Identify and document the Principal Accountable Person.
Establish and maintain the golden thread of building information.
Produce and regularly review a Building Safety Case.
Engage with residents through a mandatory Residents' Engagement Strategy.
Notify the Regulator of any changes to the building's safety case.
Apply for a Building Assessment Certificate before occupation of new buildings.

Lower-Rise Buildings: Don't Assume Exemption

It is tempting, but mistaken, to conclude that the Act's most demanding requirements apply only to high-rise residential blocks and that lower-rise buildings are largely unaffected. The Act strengthens the fire safety framework across all multi-occupied residential buildings, not just higher-risk ones. The Fire Safety Act 2021, a precursor to the 2022 legislation, had already clarified that the scope of the Regulatory Reform (Fire Safety) Order 2005 extends to the structure, external walls and flat entrance doors of all multi-occupied residential buildings, regardless of height. The Building Safety Act 2022 builds on this, strengthening enforcement powers, extending limitation periods for legal action, and creating new routes for residents to compel landlords and managing agents to address safety deficiencies.

Managing agents overseeing two-storey purpose-built flats in Chester or low-rise apartment blocks in south Liverpool are not outside this framework. They are within it, and the consequences of treating compliance as optional have become considerably more serious.

The Accountable Person and the Principal Accountable Person

The Act introduces two related but distinct concepts: the Accountable Person and the Principal Accountable Person. In a building with a single Accountable Person, typically the freeholder or head leaseholder responsible for repair and maintenance, that person is also the Principal Accountable Person. In buildings with multiple Accountable Persons, the one responsible for the structure and external walls takes the principal role.

For managing agents, the question of whether they are themselves an Accountable Person, or whether they act on behalf of one, has direct implications for legal liability. Agents who hold management responsibilities under a long-term management agreement, and who exercise discretion over the building's safety management, may find themselves characterised as an Accountable Person in their own right. This is not a question to leave to assumption. It warrants explicit legal advice and clear contractual drafting.

Residents' Rights: A Shift in the Balance of Power

One of the most practically significant changes introduced by the Act is the strengthening of residents' rights. Leaseholders and tenants in higher-risk buildings now have statutory rights to information about their building's safety, to be consulted on safety management decisions, and to raise safety concerns with the Building Safety Regulator directly. This matters for managing agents because it creates a channel of scrutiny that bypasses the agent entirely. A resident who believes that fire safety obligations are not being met can now escalate directly to a national regulator, and that regulator has real enforcement teeth.

Civil penalties under the Act are substantial, and the reputational consequences of a regulatory investigation are not trivial. In some cases, enforcing authorities have the power to take extreme measures, for example in July 2025 Merseyside Fire & Rescue Service served a formal prohibition notice ordering residents of Beech and Willow Rise in Kirkby to leave immediately. In this video by Liverpool content creator Scouser With A Drone, you can see how these properties have already degraded since:

The implication is straightforward: managing agents who have historically treated fire safety documentation as an internal administrative matter should now treat it as a transparent, defensible record that could, at any point, be subject to external scrutiny.

What Managing Agents Should Do Now

The first step is audit. Managing agents should identify, for every building in their portfolio, whether it meets the definition of a higher-risk building and, if so, whether it has been registered with the Building Safety Regulator. For lower-rise buildings, they should confirm that fire risk assessments are current, compliant and produced by a competent assessor.

The second step is documentation. The golden thread concept — a live, accessible record of building safety information — is good practice for all buildings, not just higher-risk ones. Agents who can demonstrate a coherent, up-to-date safety record are in a fundamentally stronger position, both legally and reputationally, than those who cannot.

The third step is professional advice. The Building Safety Act is complex, its secondary legislation is still evolving, and the consequences of non-compliance are serious. Managing agents should not rely on a single article, including this one, as their guide. They should ensure that their fire risk assessments are conducted by competent assessors who understand the post-BSA landscape, and that their legal and compliance frameworks are reviewed in light of the Act's requirements.

Ensure Your Buildings Are BSA-Compliant

Fletcher Risk provides fire risk assessments and fire safety consultancy for managing agents across Chester, Liverpool, Manchester and the wider region. Our assessors understand the post-Building Safety Act landscape and can help ensure your portfolio is compliant, documented and defensible. Please reach out to us today, we would be glad to help.

Disclaimer

This article provides a general overview of the Building Safety Act 2022 and related legislation for information purposes only. It does not constitute legal, regulatory or professional advice and should not be relied upon as a definitive or comprehensive account of the law. The Building Safety Act 2022 is supported by extensive secondary legislation, statutory guidance and regulatory policy that continues to evolve, and the provisions summarised in this article may be subject to amendment or further interpretation. Managing agents, landlords and other responsible persons should seek independent legal advice in relation to their specific obligations under the Building Safety Act 2022 and associated legislation. Fletcher Risk accepts no liability for any loss, damage, penalty or regulatory sanction arising from reliance on the contents of this article. References to legislation, regulatory requirements and guidance are intended to reflect the position at the time of publication and should be verified against current sources before being acted upon.

Tim Fletcher9 March 2026