Building Safety Act 2022 - Requirement for a BSA complaints policy is now in force

The Building Safety Act 2022 (the BSA) was introduced partly to give residents and homeowners in higher-risk buildings more rights and protections. 

Section 93 of the BSA requires the Principle Accountable Person (PAP) of an occupied higher-risk building to establish and operate a system for investigating complaints in relation to:

1. A building safety risk; or
2. The performance by an accountable person for the building under any duty, or under regulations made under Part 4 of the BSA.

The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 (the Regulations) is one of a number of Regulations to be introduced to supplement the BSA. The Regulations came into force on 16 January 2024. Regulation 12 of the Regulations fleshes out what a BSA complaints policy and procedure must include. There is likely to be overlap with existing complaints procedures and policies, but PAPs should be aware of some of the nuances that will become specific to building safety complaints. To name a select few:

1. The PAP’s complaints policy should explain what amounts to a ‘relevant complaint’ which is defined by section 93 of the BSA;
2. Any person is able to make a relevant complaint, not just the leaseholders occupying the higher-risk building; and
3. The PAP should ensure building safety complaints are prioritised based on the level of risk involved rather than that date they were received.

Given that the Regulations are now in force, those who have identified themselves as PAP within a higher risk building should, if they do not already have one, be preparing such a policy quickly. 

For further details or if you require advice concerning building safety complaints procedures and policies, please contact Zoe McLeanWells.