Building Safety Act 2022 Guide for Building Owners

Building Safety Act 2022 Guide

Building Safety Act 2022 Guide for Building Owners

The Building Safety Act 2022 is the most significant reform of building safety law in decades. While a lot of the media focus has been on high-rise fire safety, the Act also offers powerful new protections for domestic and commercial building owners when defective construction work is discovered.

This Building Safety Act 2022 Guide explains in plain English how the Act can help you if there is a problem with work that has been carried out on your property, how long you have to bring a claim, who may be liable, and why an independent surveyor’s report is a crucial starting point.

This Building Safety Act 2022 Guide is for general information only and is not a substitute for legal advice. Strut Building Surveyors can provide technical defect reports which your legal team may rely on when pursuing a claim.

1. What the Building Safety Act 2022 Does for Building Owners

The Act is long and technical, but for owners the key point is simple: it makes it easier to hold the right people accountable for unsafe or defective work. For the full legal text, see the official legislation at legislation.gov.uk.

Our Building Safety Act 2022 Guide highlights the main ways it helps you:

  • Extended time limits to bring claims over defective work.
  • Clearer accountability for developers, contractors, designers and product manufacturers.
  • New routes to recover remediation costs where your building requires significant works.
  • Stronger consumer protection for both domestic and commercial property owners.

2. What Counts as a “Relevant Defect”?

The Act does not only apply to high-rise cladding scandals. A “relevant defect” is defined broadly. In simple terms, a defect is covered if it arises from work that:

  • Used unsafe or unsuitable materials.
  • Was carried out with poor workmanship.
  • Ignored approved plans or Building Regulations.
  • Deviated from recognised standards or manufacturer instructions.
  • Left the dwelling unfit for habitation or unsafe.

This Building Safety Act 2022 Guide therefore applies to a very wide range of issues, including:

  • Defective roofs, flat roof membranes and waterproofing.
  • Incorrectly designed or built extensions and loft conversions.
  • Missing or defective fire barriers, insulation or cavity closers.
  • Serious damp and mould caused by design or workmanship errors.
  • Structural problems introduced by alterations or poor load paths.
  • Unsafe balconies, balustrades, staircases or access routes.

3. Extended Time Limits: How Long Do You Have to Claim?

One of the most important parts of this Building Safety Act 2022 Guide concerns limitation periods – the time limits for bringing claims. Before the Act, many owners were out of time after six years, even for serious defects. The Act changes that dramatically.

3.1 Defective Premises Act (DPA) – Dwellings

The Defective Premises Act requires builders and developers to construct dwellings properly so they are fit for habitation.

  • Work completed before 28 June 2022: limitation extended to 30 years.
  • Work completed on or after 28 June 2022: limitation set at 15 years.

That means if your house or flat was built in, say, 1998 or 2005 and has serious construction defects, you may now have a claim where previously you had no realistic legal route.

3.2 Building Regulations Breaches (Section 38)

The Act also enables civil claims where a breach of Building Regulations causes damage. For relevant works completed after the Act came into force, you may have up to 15 years to bring a claim.

3.3 Construction Products

Where a defect arises because a construction product is inherently unsafe or was mis-sold (for example, certain cladding or insulation systems), claims may be possible directly against manufacturers or suppliers, often on a similar 15-year time frame.

The key message of this Building Safety Act 2022 Guide: do not assume you’re out of time just because the building is more than six years old.

4. Who Can Be Held Liable?

The Act is designed to reach the right people, even where the original contractor has ceased trading. Under this Building Safety Act 2022 Guide, typical potential defendants include:

  • Developers – the party who commissioned and profited from the project.
  • Main contractors – who oversaw construction work.
  • Subcontractors – where defects are linked to specialist trades (roofing, cladding, M&E, etc.).
  • Architects and designers – where design defects caused the problem.
  • Product manufacturers and suppliers – if materials or systems were inherently defective or misrepresented.
  • Connected companies – “associates” of developers can be pursued in some circumstances.

A powerful feature of the Act is that the court can sometimes pursue associated companies if a developer has closed, rebranded or tried to walk away from liabilities. You are no longer left without options simply because a trading entity has gone.

5. What Remedies Are Available Under the Act?

This Building Safety Act 2022 Guide is primarily about practical outcomes. If a defect is proven, the remedies can include:

  • Cost of remediation: recovering the cost of putting the defect right.
  • Associated losses: temporary accommodation, loss of rent, damage to contents or trading losses.
  • Professional fees: surveyors, engineers and other reasonable investigative costs.
  • Orders to carry out works: the responsible party can be legally compelled to remedy the defect.
  • Cost-sharing between parties: where responsibility is spread between several dutyholders.

For large-scale defects, this can be the difference between a building being financially viable to put right, and owners being left with unmanageable bills.

6. How the Act Helps Domestic Homeowners

For homeowners, this Building Safety Act 2022 Guide offers reassurance that there are now stronger protections than ever before. Key benefits include:

  • 30-year retrospective rights for many dwellings built before June 2022.
  • Protection when the builder has ceased trading through routes to associated companies.
  • Coverage of extensions, loft conversions and refurbishments that render the home unfit for habitation.
  • Ability to reclaim costs for major remediation works where defects are proven.

Common homeowner scenarios we see at Strut that may sit under this framework:

  • New-build roofs failing early due to poor design or workmanship.
  • Loft conversions that do not meet fire, structure or escape standards.
  • Serious damp and mould from defective detailing or insulation strategy.
  • Extensions that have been inadequately founded or improperly tied into the existing building.

7. How the Act Helps Commercial Building Owners

Commercial and mixed-use property owners also benefit from the Building Safety Act 2022. For them, defects may cause:

  • Loss of rental income.
  • Increased service charges and insurance premiums.
  • Business interruption or health and safety concerns.
  • Difficulty selling or refinancing the building.

This Building Safety Act 2022 Guide is particularly relevant for:

  • Office and retail developments with defective cladding, roofing or M&E systems.
  • Industrial units with failing roof coverings or inadequate fire compartmentation.
  • Commercial to residential conversions where standards were not properly met.

Strut’s Commercial Building Survey Guide complements this, explaining how technical due diligence ties into legal and financial decisions.

8. Practical Steps if You Discover a Defect

If you suspect defective work, this Building Safety Act 2022 Guide recommends the following sequence:

Step 1 — Instruct an Independent Surveyor

A Strut Building Surveyors report provides the technical backbone of any claim. We:

  • Identify and describe the defect.
  • Explain the likely cause (design, workmanship, materials or a combination).
  • Reference relevant standards and Building Regulations.
  • Provide photographic and, where appropriate, measured evidence.
  • Outline urgent actions and longer-term remediation options.

Step 2 — Notify the Developer or Contractor

Where the party is still trading, they should be notified and given an opportunity to respond. Your surveyor’s report gives structure to that conversation.

Step 3 — Check Time Limits

Thanks to the Act’s extended timeframes (up to 30 years for some dwellings), you may still be within limitation even if the defect relates to work carried out many years ago.

Step 4 — Seek Legal Advice

For significant defects, or where negotiation fails, legal input is essential. Our reports can be shared with your solicitor to help shape strategy.

9. Typical Scenarios Covered by This Building Safety Act 2022 Guide

Some real-world examples that illustrate how the Act may support building owners:

  • A 10-year-old housing development with roofs that regularly leak due to poor detailing.
  • A converted mill building where fire stopping and compartmentation are inadequate.
  • A block of flats from the mid-2000s with cavity tray and insulation defects causing major damp issues.
  • A commercial warehouse with a flat roof that fails prematurely and was never compliant with design standards.
  • Loft conversions and extensions where structural support or escape routes were overlooked.

In each case, an independent technical report is usually the first concrete step towards seeking redress.

10. How Strut Building Surveyors Supports Building Safety Act Claims

Strut is uniquely placed at the intersection of surveying, roofing and building pathology. Beyond this Building Safety Act 2022 Guide, we offer:

We also understand the practical side of putting defects right, drawing on roofing and building expertise and long-standing relationships with reputable contractors such as Neal Roofing, Roof York and material suppliers like The Reclaimed Company.

11. FAQs — Building Safety Act 2022 Guide

Does the Building Safety Act 2022 only apply to high-rise blocks?

No. While some parts focus on higher-risk buildings, the extended limitation periods and defect provisions can apply to a wide range of domestic and commercial buildings, including houses, flats and converted properties.

Is it too late to claim if my property was built 15–20 years ago?

Not necessarily. One of the most important points in this Building Safety Act 2022 Guide is the 30-year retrospective period for certain dwelling claims under the Defective Premises Act. Get specific advice, but do not assume you are out of time.

Can I sue the builder if they have closed the company?

In some circumstances, yes. The Act allows pursuit of “associated” companies and broadens who can be held responsible. Legal advice is essential, but you are no longer automatically blocked just because a company has been dissolved.

Do I need a surveyor before I speak to a solicitor?

A technical report is extremely helpful. It gives your solicitor something concrete to work with and can prevent wasted time arguing about basic facts. Strut’s reports are written with that in mind.

Will Strut act as my legal representative?

No. We are surveyors, not solicitors. We provide the technical evidence and expert opinion that sit alongside legal advice; both roles are important.

12. Next Steps

If you suspect that your building suffers from serious defects linked to design, workmanship or materials, the Building Safety Act 2022 may give you far stronger rights than were previously available. The first step is usually a clear, independent technical assessment.

Strut Building Surveyors can investigate, report and support you in understanding the scale of the issue and the options available — whether you are a homeowner, landlord, freeholder or commercial asset manager.

Related reading from Strut: Full Building Survey Guide | Roofing Surveyors Yorkshire | Damp & Condensation Survey Guide

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