Understanding your legal duties under the Building Safety Act 2022

Since the Grenfell Tower tragedy and the findings of the Dame Hackitt Review, the impact of the resulting Building Safety Act 2022, which came into force late 2023, has redefined legal responsibilities across the UK Construction Sector, and cannot be underestimated. These changes are not optional – they are law, and they impact nearly every party involved in the design and construction process.

Who are the Duty Holders under the Building Safety Act?

The Act introduces the concept of ‘Duty Holders’, individuals or organisations legally responsible for ensuring that buildings meet the necessary safety standards. These include:

• Building Owners
• Clients
• Principal Designers
• Designers
• Principal Contractors
• Subcontractors
• Installers

In short, if you are involved in a construction project, you are legally responsible for ensuring compliance with the Building Regulations.

Gone are the days when Building Control took on that responsibility and signed a detail or product off, assuming the majority of the liability. That is no longer the case.

Why Product Compliance Matters More Than Ever

With these new responsibilities comes increased risk. Every decision you make – especially regarding materials – must be backed by proof of compliance.

This means that you must be certain that you are compliant by using only products with the correct classification level for their intended application. This can only be safeguarded through a formal Classification Report from a UKAS-accredited laboratory showing that:

• The full assembled product was tested, not just relying on one or perhaps two individual elements of it being tested separately.
• The specific use case you’re considering is covered under the Field of Application report detailed in the Classification Report. E.g. if a panel is to be packed off the wall, the report must include the use with air gaps behind the product.

Don’t be Misled! Read your Classification Report carefully!

Some suppliers may present a classification report that, on closer inspection, applies only to a single component, such as an acoustic backing material tested in isolation as a flat board. This is not sufficient if the product is actually used as part of a component system or panel.

If the report does not cover the assembled system in your intended application, you are not compliant, and you may be held liable.

Avoid the Risks: Safety, Cost and Reputation

Non-compliance carries serious consequences:

• Safety risks to occupants and property
• Expensive remedial work and delays
• Damage to your professional reputation and potential legal action

Ensure Compliance with Confidence

With increased scrutiny and legal responsibility, there is no room for uncertainty.

Do you know if your products or documentation meet the required standards? Now is the time to act.

Speak to our team for expert advice on FR Compliance to Euroclass B, Slats, Beams and Acoustics, and Fire-Rated Texture Wall Panels. We can help you achieve fire-rated walls and ceilings and protect your project and your reputation.