Building Safety Act Update

Recent and impending updates to the Building Safety Act, BSA 2022

N.B. To the best of our knowledge, the information in this article is correct at the time of publication, but is subject to change

Revised in response to the Grenfell fire, the Fire Safety Act 2021 and the Building Safety Act 2022 make significant new demands that need to be complied with by those deemed Accountable Persons. These requirements vary according to the height of the property with increased measures for high-rise buildings i.e. any property that is 7 storeys or 18 metres and above.

Accountable Persons

Part 4 of the Building Safety Act identifies new duty holders, who will be known as ‘Accountable Persons’ (APs), for residential high-rise buildings (HRBs). This will be the organisation or person who owns or has responsibility for the building, and/or the person who is responsible for maintaining the common parts of a building, e.g. corridors or lobbies.

The AP will usually be an organisation or business but could also be an individual.

The AP will have a duty to take all reasonable steps to:

  • prevent a building safety risk happening, with building safety risk defined as ‘spread of fire and/or structural failure’
  • reduce the seriousness of an incident if one happens

If a building has more than one AP, the AP responsible for the structure and exterior of the building will be the Principal Accountable Person (PAP). When buildings have a single AP, that entity or person is the PAP.

As well as their duties as an AP, PAPs must:

  • register existing buildings with the Building Safety Regulator (BSR), they can do this between April 2023 and October 2023
  • register all new buildings before occupation
  • prepare a safety case report for the building

Detailed, accurate information about the building will be critical when registering a building and when preparing the safety case report. All occupied buildings must be registered by October 2023.  It is an offence if a building is occupied but not registered after this date, however, this is likely to be extended due to the volume of buildings affected and the lack of PAPs.

Duties of the Fire Safety Order (2005)

At present under the standard ARMA guidelines, MIH act as the manager on behalf of the responsible party in carrying out the duties of the Fire Safety Order (2005).

A summary of this is below*:

  • Carry out a fire safety risk assessment
  • Keep sources of ignition and flammable substances apart
  • Avoid accidental fires, e.g., make sure heaters cannot be knocked over
  • Always ensure good housekeeping, e.g., avoid build-up of rubbish that could burn
  • Consider how to detect fires and how to warn people quickly if they start, e.g., installing smoke alarms and fire alarms or bells
  • Have the correct fire-fighting equipment for putting a fire out quickly
  • Keep fire exits and escape routes clearly marked and unobstructed at all times when possible and to ensure owners/residents are educated on such requirements.
  • Ensure your workers receive appropriate training on procedures they need to follow, including fire drills
  • Review and update your risk assessment regularly

*This list is not exhaustive

Where our clients are concerned, MIH will continue to review the FRA and action any items required, as per the list above and in accordance with our management agreement.

Requirements of the Fire Safety Act 2021 and The Fire Safety (England) Regulations 2022

There are 3 categories of residential building that require progressively more duties:

Residential Buildings under 11m with 2 or more domestic premises Residential buildings between 11m and 17.9m Residential buildings of 18m or 7 storeys and above
Fire Risk Assessment
Fire Safety Instructions for Residents
Fire Doors
External Walls
Secure Information Box
Wayfinding Signage
Lifts & Key Firefighting Equipment
Building Plans
Safety Report



Given the additional requirements of the two Acts, MIH has acted quickly to secure resources to help clients manage their responsibilities. As of January 2023, MIH team member, Joe Starkey, will be heading up a Special Projects department to focus specifically on this area.

Joe has a long history in property management, he is very experienced, competent, and dedicated, and has previously operated as acting Head of Department at MIH.


As the appointed agent, MIH are not able to undertake the role of the PAP since appropriate training, credentials and experience is required.

The PAP will therefore be the responsible party in the lease, most likely either the freeholder or Management Company for the building, and whoever takes on the role will take on all the responsibilities set out in the Act. This requirement will come into play once part 4 of the Act comes into force – which is expected to be April 2023.

Alternatively, another appropriate and qualified specialist could provide some assistance and gather information on behalf of the PAP. MIH are working in synergy with several 3rd party services to assist our clients through this process.

  • They will review each building on a case-by-case basis.
  • They will assist with the registration requirements and collecting the data for the safety case report, recording and any other requirements. Some companies also have technological options/resources for storing and managing information.


In reality, accommodating the change is a challenging task well beyond the normal requirements of a managing agent. The feedback from ARMA members is that the requirements whilst noble, have not considered the realistic capabilities of those who are deemed to be the PAP, nor their appointed professional’s workload. As a result, deadlines may need to change.

In the meantime, MIH has a clear strategy for moving forward and are ready to adapt to change.


NEED HELP WITH BUILDING SAFETY? CALL 020 3637 7968 OR EMAIL for more information