The Building Safety Act 2022 makes building owners legally accountable for safety across a building’s whole lifecycle, with the heaviest duties falling on those responsible for higher-risk residential buildings. In practice, the burden lands on named accountability, records and evidence – and mechanical, electrical and fire systems records sit at the centre of compliance, not at the edges.
This guide explains which buildings are in scope, who the accountable person is, what the golden thread needs to contain, and how to get M&E and fire records into shape before the Building Safety Regulator asks for them. It focuses on the position in England.
Which buildings does the Building Safety Act 2022 apply to?
The Building Safety Act 2022 received Royal Assent on 28 April 2022. Many of its changes – to building control, the Building Regulations and liability for defective work – affect all buildings. The most demanding duties, however, apply to higher-risk buildings.
For the occupation phase in England, a higher-risk building is one that is at least 18 metres in height or has at least seven storeys, and contains at least two residential units. These buildings must be registered with the Building Safety Regulator, and their accountable persons take on ongoing safety duties.
Hotels are not treated as higher-risk buildings once occupied. Hospitals and care homes meeting the height threshold are caught by the stricter regime during design and construction, but not by the occupation-phase duties.
The Act extends to England and Wales, but the Building Safety Regulator regime described here applies in England. Wales has since passed its own legislation, the Building Safety (Wales) Act 2026, which sets up a separate regime for Welsh buildings.
Who is the accountable person under the Building Safety Act?
The accountable person is the individual or organisation that owns, or has a repairing obligation for, the common parts of a higher-risk building. That is usually the freeholder, landlord or a management company. It is not a paper title – it carries legal duties.
Where a building has more than one accountable person, one of them is the principal accountable person: the party responsible for the structure and exterior of the building. The principal accountable person leads on registration and the safety case, while all accountable persons must co-operate on the parts they control.
Accountable persons must assess and manage building safety risks (fire spread and structural failure), keep the golden thread of information, prepare a safety case report, run a residents’ engagement strategy and report safety occurrences. Residents should know who the accountable person is and how to raise a concern.
The Act also introduced dutyholder roles for design and construction – the client, principal designer, principal contractor, designers and contractors – each responsible for making sure building work complies with the Building Regulations.
What is the golden thread and what has to go into it?
The golden thread is accurate, up-to-date and easily accessible information about a building, used to show how it is kept safe throughout its lifecycle. For higher-risk buildings it is a legal requirement; for other buildings it is a sensible model for record keeping.
In practical terms, it covers fire and structural safety information, risk assessments, inspection and maintenance evidence, and a record of changes. Every material change to the building should be logged with its supporting evidence.
The golden thread is not an archive. It is a live record that lets the accountable person, the regulator and residents see that risks are being identified and dealt with before they become dangerous.
M&E records form part of that picture, not a separate file. Fixed wire testing, emergency lighting, fire alarm and sprinkler records all belong in it. A safety case without current M&E evidence is incomplete.
What records do building owners need to keep for M&E and fire systems?
The golden thread is only as good as the test and maintenance evidence underneath it. Dated, clearly coded certificates and logbooks are what an inspector will expect to see; a folder of undated or incomplete paperwork will not stand up to scrutiny.
Core electrical and fire records typically include:
- Electrical installation condition reports (EICRs) with C1, C2, C3 and FI observations, plus evidence that remedial work was completed
- Electrical installation certificates or minor works certificates for alterations and additions
- Emergency lighting testing records and logbooks
- Fire alarm and detection records – see our guide to BS 5839 fire alarm categories
- Fire door inspection and passive fire protection records
- Planned preventative maintenance schedules and completed job records
Each record should show what was tested, when, by whom, what was found and what was done about it.
Delta First’s full compliance management service brings statutory compliance records together under one point of contact with clear reporting, so building owners have a single evidence trail rather than a folder of disconnected certificates. Our directly employed team carries out commercial EICRs and quotes the remedial work, and we can arrange specialist services through vetted subcontractors where extra certification is needed. That closed loop matters when the safety case needs to show a C1 or C2 defect was not just identified but fixed.
The emphasis should be on evidence quality and audit readiness. A scheduled, documented maintenance programme generates evidence continuously, which is far more reliable than assembling records in a rush before an inspection.
What are building owners’ legal obligations for remediation costs?
The Act includes leaseholder protections for historical safety defects in relevant buildings (broadly, residential buildings of at least 11 metres or five storeys). Whether a leaseholder qualifies depends on the lease, with 14 February 2022 as the key qualifying date.
Where the building owner is, or is linked to, the developer responsible for a defect, they must pay for remediation in full. Where the owner is not linked to the developer, they cannot pass cladding remediation costs on to qualifying leaseholders, and any contribution towards other historical safety defects is capped.
Amounts leaseholders have paid towards relevant defects since 28 June 2017 – including interim measures such as a waking watch – count towards those caps, so they cannot be charged twice.
These rules are detailed and fact-specific. Building owners facing remediation costs should take legal advice and check the current GOV.UK guidance on remediation costs.
What changed with the Building Safety Regulator and the gateway process?
The Building Safety Regulator sits within the Health and Safety Executive and is the building control authority for higher-risk buildings in England. Local authority building control and approved inspectors cannot be used for building work on these buildings.
The gateway process is a hard stop. Building work on a new higher-risk building cannot start until the regulator has approved the building control application, and the building cannot be occupied until a completion certificate has been issued. Significant work to existing higher-risk buildings also needs regulator approval.
The transitional arrangements for projects already under way ended on 6 April 2024, so the new building control regime is fully in force.
The Act also extended the time limit for claims under the Defective Premises Act 1972 from six years to 15 years for future claims, and to 30 years retrospectively – a significant increase in liability exposure for those involved in residential building work.
How should a building owner prepare for a Building Safety Act inspection?
Start with a single, current safety case that names the accountable person and shows the evidence trail. If the accountable person cannot be named immediately, that is the first gap to close.
Audit the golden thread for gaps: missing certificates, out-of-date fixed wire testing and remedial works that were never logged. Every gap is a potential finding.
Confirm the building’s registration and that the Building Safety Regulator holds the correct key building information. Errors are easy to fix before an inspection and difficult to explain during one.
Check that residents are being informed and involved as the Act requires. Resident engagement is a legal duty, not a courtesy.
Finally, bring M&E and fire maintenance onto a scheduled, documented programme so evidence is generated continuously. That is the strongest position a building owner can hold.
Frequently asked questions
Does the golden thread apply to commercial buildings?
The legal golden thread duty applies to higher-risk residential buildings. Commercial building owners are not bound by it in the same way, but keeping records to the same standard makes fire risk assessments, insurance renewals and sales far easier.
Is an EICR enough to prove electrical safety under the Act?
An EICR is a key record, but on its own it only shows the condition at the time of testing. The golden thread should also show that any C1, C2 or FI observations were followed up and that alterations were certified with an EIC or minor works certificate.
Who pays for fixing historical cladding defects?
Under the leaseholder protections, developers and linked building owners pay in full, and qualifying leaseholders cannot be charged for cladding remediation. Other historical defects may be recoverable within capped limits. Take legal advice on your specific building.
Key takeaways
- The Building Safety Act 2022 received Royal Assent on 28 April 2022 and is the biggest change to building safety law in decades.
- Higher-risk residential buildings are at least 18 metres or seven storeys tall with at least two residential units.
- The Building Safety Regulator, part of the HSE, is the only building control authority for higher-risk buildings in England.
- The golden thread is accurate, up-to-date and accessible safety information kept throughout a building’s lifecycle – and M&E records are central to it.
- Leaseholder protections hinge on a 14 February 2022 qualifying date, and payments made since 28 June 2017 count towards caps.
- Transitional building control arrangements ended on 6 April 2024.
Talk to Delta First
Delta First Building Services is a Colchester-based M&E contractor working across Essex, Suffolk and London, with commercial work in Norfolk. Our directly employed electrical team is supported by vetted specialist subcontractors where extra certification is needed, and we offer genuine 24/7 emergency cover. Get in touch to arrange a survey or quote.