What Does the Building Safety Act Mean for Property Managers?
Overview of the Building Safety Act
The Building Safety Act (BSA) 2022 was created to ensure higher safety standards in residential buildings across the UK, particularly those over 18 meters or seven storeys. This landmark legislation arose from the need to address the gaps in building safety, highlighted starkly by the Grenfell Tower tragedy. It introduces strict regulations and a robust framework to improve the safety of high-rise buildings, focusing on a requirement to understand how the building is likely to perform in the event of fire or structural failure, accountability, resident engagement, and financial implications for stakeholders.
Responsibilities of Property Managers
Property managers play an important role in the implementation of the Building Safety Act, but it’s essential to set out their responsibilities clearly. While property managers are integral to maintaining and managing residential buildings, they are not designated as Accountable Persons (APs) or Principal Accountable Persons (PAPs). Instead, APs/PAPs are typically building owners or those with significant control over the premises, who then recruit property managers to assist in fulfilling the duties stipulated by the BSA.
Property Managers vs. Accountable Persons
It's important to emphasise that while property managers hold responsibilities under the BSA, the ultimate accountability lies with the APs/PAPs. Property managers are expected to support APs/PAPs by ensuring compliance with the Act, facilitating safety measures, and aiding in resident communication and engagement. However, their responsibilities should be clearly defined in a service level agreement, and they do not bear the full weight of accountability as outlined in the legislation.
Resident Engagement
One of the fundamental requirements of the BSA is robust resident engagement. The AP/PAP must develop and then implement the Resident Engagement Strategy. This strategy is a vital document that outlines how residents will be informed and involved in building safety matters. It must be comprehensive, accessible, and regularly updated to reflect any changes in safety protocols or building management.
Sharing Information with Residents
Sharing the Resident Engagement Strategy with all residents is not just best practice—it is a requirement under the BSA. Transparency and open communication help build trust and ensure that residents are aware of the safety measures in place. This engagement also requires landlords to share safety information and decisions, and allows residents to voice concerns, raise complaints and participate in safety discussions, fostering a safer living environment.
Understanding Service Charge Recovery
The BSA also has significant implications for service charge recovery, an area where property managers need to be particularly diligent. The Act introduces a new regime for recovering costs associated with building safety. Property managers must understand how these changes effect service charge processes and ensure compliance with the new regulations.
The Building Safety Act represents a significant shift in how residential building safety is managed in the UK. For property managers, understanding their responsibilities, ensuring effective resident engagement, and navigating the new service charge recovery regime is crucial. While they support APs/PAPs, the ultimate accountability for compliance with the Act rests with the APs/PAPs. By staying informed and proactive, property managers can play a vital role in promoting safer living environments for all residents.
For more information and expert advice on understanding and navigating the Building Safety Act, feel free to reach out to our team. We are here to support you in every step of ensuring compliance and improving building safety.
