สรุป
The Building Safety Act 2022 was enacted following the Grenfell Tower tragedy to overhaul building safety regulation in England. It establishes the Building Safety Regulator within the Health and Safety Executive, creates a more stringent regulatory regime for higher-risk buildings (generally those at least 18 metres or 7 storeys with at least two residential units), and introduces new duties on those responsible for building safety throughout a building's lifecycle.
ประเด็นสำคัญ
- Establishes the Building Safety Regulator (BSR) within the Health and Safety Executive (Part 2)
- Defines 'higher-risk buildings' — residential buildings at least 18m or 7 storeys high with at least 2 residential units (s.65)
- Accountable Person and Principal Accountable Person must assess and manage building safety risks (Part 4)
- Mandatory residents' engagement strategy and complaints procedure for higher-risk buildings
- New building control regime — BSR is the building control authority for higher-risk buildings during design and construction
- Leaseholder protections — limits on service charge costs passed to leaseholders for remediation of historical defects (Schedule 8)
- Extended limitation periods for claims under the Defective Premises Act 1972 (from 6 to 15 years for retrospective claims, 30 years prospectively)