Making a Building Safety Complaint
How to raise concerns about building safety defects, fire safety, or cladding issues under the Building Safety Act 2022.
Overview
The Building Safety Act 2022 introduced new mechanisms for residents and leaseholders to raise concerns about building safety. The Building Safety Regulator (within HSE) oversees higher-risk buildings (18m+ or 7+ storeys with at least 2 residential units). This guide covers how to raise safety concerns, seek remediation, and access the new regulatory framework.
Who Can Use This Process
- You live in or own a flat in a higher-risk building (18m+ or 7+ storeys)
- You have identified a fire safety or structural safety defect
- Your building has dangerous cladding or insulation
- Your landlord or building manager is not addressing safety concerns
Step-by-Step Process
Report to your landlord or building manager
Your first step should be to report the safety concern in writing to your landlord, freeholder, or building management company. Under the Building Safety Act 2022, accountable persons for higher-risk buildings have a duty to assess and manage building safety risks.
- Put your complaint in writing with photos/evidence
- Keep copies of all correspondence
- Request a written response within a reasonable timeframe
Contact your local authority
If your landlord does not respond adequately, contact your local council's building control or environmental health department. They have powers to inspect buildings and take enforcement action under the Housing Act 2004 (HHSRS) and Building Act 1984.
- Local authorities can serve improvement notices
- They can carry out emergency remedial action for serious hazards
Complain to the Building Safety Regulator
For higher-risk buildings, you can raise a complaint directly with the Building Safety Regulator (part of HSE). They have statutory duties to keep a register of higher-risk buildings and ensure accountable persons comply with their obligations.
- The BSR has a mandatory occurrence reporting system
- They can take enforcement action against accountable persons
Apply for a Remediation Order
Under the Building Safety Act 2022, the First-tier Tribunal can make a Remediation Order requiring a landlord or developer to remedy specified defects. You can also apply for a Remediation Contribution Order.
- Legal aid may be available
- Consider joining with other residents
Consider the Leaseholder Protections
The Building Safety Act 2022 provides leaseholder protections from remediation costs. Qualifying leaseholders in buildings over 11m may be protected from paying for cladding remediation and may have caps on non-cladding remediation costs.
- Check if your building qualifies for the Building Safety Fund
- Developers may be required to pay through the developer remediation contract
Costs
Important Warnings
Do not attempt to remove or alter cladding or safety features yourself — this may be dangerous and could be a criminal offence.
Keep paying service charges even if in dispute — non-payment can put your lease at risk.