Building Safety Act 2022: What Construction Contractors Need to Know
The Building Safety Act 2022 is the most significant piece of building legislation in a generation. It creates new regulatory gateways, a statutory duty of competence, and a golden thread of information requirement for higher-risk buildings. This guide explains what it means for contractors working on qualifying projects in England.
What is the Building Safety Act 2022?
The Building Safety Act 2022 (BSA 2022) received Royal Assent in April 2022 and has been brought into force in stages. It was introduced following the Grenfell Tower tragedy and the subsequent Hackitt Review, which found that the existing building regulatory system was "not fit for purpose" for complex, high-risk buildings.
The Act creates a new regulatory framework for the design, construction, and ongoing management of higher-risk buildings in England, overseen by the Building Safety Regulator (BSR), a new body hosted within the Health and Safety Executive.
For contractors, the key changes are:
- A new gateway process that must be followed before and during construction of qualifying buildings
- A statutory duty to ensure all workers carrying out building work are competent
- A golden thread of digital information that must be maintained throughout the project
- New dutyholder roles with specific legal responsibilities
- Significantly increased enforcement powers for the BSR
What is a higher-risk building?
The Building Safety Act applies to higher-risk buildings (HRBs). During the design and construction phase, an HRB is defined as a building in England that:
- Is at least 18 metres tall, or has at least 7 storeys, AND
- Contains at least 2 residential units
The 18-metre threshold is measured from ground level to the floor level of the top storey (excluding any roof plant, lift overrun, or similar). A storey used only for plant or machinery is not counted.
Purpose-built student accommodation and temporary accommodation may also be in scope - contractors should check with the BSR or seek specialist advice on any project that may approach the threshold.
Dutyholder roles under the BSA 2022
The Act creates a suite of dutyholder roles, broadly mirroring the CDM 2015 structure:
| Dutyholder | BSA 2022 Role | Key Duties |
|---|---|---|
| Client | Client | Appoint duty holders, ensure adequate resources, notify BSR |
| Principal Designer | Principal Designer | Coordinate design phase, manage golden thread design information, Gateway 2 documentation |
| Principal Contractor | Principal Contractor | Lead the construction phase, maintain golden thread, submit Gateway 2 and 3 applications, ensure worker competence |
| Designers | Designer | Plan, design, and manage safety of their work, cooperate with PC on golden thread |
| Contractors | Contractor | Plan and manage their own work, ensure competence of their workers, cooperate with PC |
Every dutyholder must be registered with the BSR before carrying out work on an HRB. Failure to register is a criminal offence.
The three-stage gateway process
The BSR applies a sequential gateway process to higher-risk buildings. Work at each stage cannot begin until the preceding gateway has been passed.
Gateway 1: Planning
Gateway 1 applies at the point of planning application. The local planning authority consults the BSR as part of the planning process. The BSR can object to a planning application on fire safety grounds. This gateway applies to new buildings and certain changes of use.
Gateway 2: Before construction begins
Before any construction work begins on an HRB, the Principal Contractor must submit a Gateway 2 application to the BSR. This must include:
- Full design documentation showing compliance with building regulations
- A construction control plan explaining how the PC will manage compliance
- A change control plan setting out how design changes will be managed
- A competence declaration for the PC and any appointed professionals
- Details of how the golden thread will be maintained
The BSR has up to 8 weeks to determine the application (or 12 weeks for complex projects). Construction cannot start until approval is granted. Starting without approval is a criminal offence carrying unlimited fines.
Gateway 3: Before occupation
Before the building can be occupied, the PC must submit a Gateway 3 application to the BSR. This includes the as-built golden thread, all compliance certificates, and a final building regulations certificate. The BSR has 8 weeks to issue a completion certificate. The building cannot be occupied without it.
The golden thread of information
The golden thread is a digital record of all safety-relevant information about a higher-risk building. It must be created during design, maintained throughout construction, and handed to the Building Safety Manager at occupation.
What the golden thread must contain during construction
- The approved design and all building regulations approvals
- Records of all changes made to the approved design, including why the change was made and who approved it
- Records of all safety-critical elements installed - materials, specifications, testing results
- All inspection and testing records
- Contractor and subcontractor competency records
- An up-to-date as-built record as construction progresses
Change control
Any change to a design that was approved at Gateway 2 must be managed through a formal change control process. Some changes are "major changes" that require BSR approval before they can be implemented. Others are "notifiable changes" that must be recorded and notified to the BSR but do not require prior approval. The Gateway 2 application must set out how the PC will manage the change control process.
The duty of competence
One of the most significant new duties under the BSA 2022 is the statutory requirement to ensure that all persons carrying out building work are competent to do so. This applies to every dutyholder in the chain, from the client to the smallest subcontractor.
What competence means
Competence under the BSA 2022 means having the appropriate:
- Skills: the practical ability to carry out the work correctly
- Knowledge: understanding of the relevant technical standards and regulations
- Experience: a track record of doing similar work to an acceptable standard
- Behaviours: the right professional attitudes - including willingness to raise concerns, follow established processes, and avoid shortcuts
For higher-risk buildings, the dutyholder must be able to demonstrate the competence of every person carrying out work on the project. A verbal assurance is not sufficient - records of competency checks, qualifications, and experience must be maintained as part of the golden thread.
The Construction Industry Council competency frameworks
The Construction Industry Council (CIC) Competence Steering Group has published a suite of frameworks covering over 35 occupational and professional disciplines. These frameworks define what competence looks like for each role on a higher-risk building project. While compliance with these frameworks is not legally mandated, they represent the benchmark the BSR is likely to apply when assessing whether the duty of competence has been met.
CSCS card categories are a starting point - they provide evidence of base-level trade competence - but for higher-risk building work, contractors are expected to go further, particularly for safety-critical roles.
What this means for Principal Contractors
For Principal Contractors working on higher-risk buildings, the BSA 2022 creates a significantly increased compliance burden:
- Registration: The PC must be registered with the BSR before tendering for HRB work
- Gateway 2 application: The PC leads and is responsible for the Gateway 2 submission - including all design documentation and the construction control plan
- Golden thread maintenance: The PC owns the golden thread during the construction phase and is responsible for keeping it up to date
- Competence across the supply chain: The PC must be able to demonstrate that every worker on the project - including those employed by subcontractors - is competent for their role
- Change control: The PC must manage all design changes through the BSR-approved change control process
- Gateway 3 application: The PC leads the Gateway 3 completion application and must produce the as-built golden thread
Enforcement and penalties
The BSR has significantly greater enforcement powers than the previous building control regime:
- Stop notices: the BSR can halt construction work on an HRB at any time if it has concerns about safety or compliance
- Compliance notices: requiring a dutyholder to take specific action within a set period
- Prosecution: criminal offences under the BSA 2022 carry unlimited fines and up to 2 years' imprisonment for individuals
- Restriction notices: preventing a building from being occupied until deficiencies are remedied
The BSR has been clear that it intends to be an active regulator, not a passive one. Early enforcement action has already been taken against developers and contractors who attempted to bypass the gateway process.
How AttendIQ supports BSA 2022 competency compliance
Demonstrating worker competence across a multi-trade site is one of the most practically challenging aspects of BSA 2022 compliance. AttendIQ provides:
- Live CSCS Smart Check: verify every worker's CSCS card at clock-in, including checking it against the CSCS live database - not just the physical card
- Competency matrix: record qualifications, certifications, and experience against each worker record, with confidence scoring from C1 (self-declared) to C6 (third-party verified)
- Expiry alerts: automatic reminders at 90 days, 30 days, and on expiry - so competency gaps are flagged before a worker arrives on site
- Access rules engine: block clock-in for any worker who does not meet the competency requirements set for a specific site or zone
- Golden thread support: all worker competency records, induction completions, and access decisions are logged with a full audit trail - exportable for inclusion in the golden thread
Frequently asked questions
What is a higher-risk building under the Building Safety Act 2022?
Under the Building Safety Act 2022, a higher-risk building (HRB) is defined as a building in England that is at least 18 metres tall or has at least 7 storeys, and contains at least 2 residential units. During design and construction, HRBs are subject to the new Building Safety Regulator gateway process. Once occupied, they are subject to ongoing building safety duties under the Act. The definition may be extended in future to cover other building types.
What is the golden thread of information under the Building Safety Act?
The golden thread is a digital record of building information that must be created and maintained throughout the lifecycle of a higher-risk building. During construction, the Principal Contractor is responsible for maintaining the golden thread, which includes design information, change records, safety case documentation, and the as-built record of all safety-critical elements. The information must be stored securely, kept up to date, and handed to the Building Safety Manager at occupation.
What competency requirements does the Building Safety Act introduce for contractors?
The Building Safety Act creates a statutory duty on all dutyholders - including Principal Contractors and contractors - to ensure that every person who carries out building work is competent to do so. Competence means having the skills, knowledge, experience, and behaviours appropriate to the work. For higher-risk buildings, the dutyholder must be able to demonstrate the competence of every person carrying out work.
What are the Building Safety Regulator gateway stages for construction?
The BSR applies a three-stage gateway process to higher-risk buildings. Gateway 1 applies at the planning application stage. Gateway 2 (Build) requires the Principal Contractor to submit a full application to the BSR before construction begins. Work cannot start until the BSR issues approval. Gateway 3 requires a further application before occupation, including the as-built golden thread. The BSR has up to 8 weeks to determine each application.
Does the Building Safety Act apply to refurbishment projects?
Yes. The Building Safety Act and its gateway process apply to construction work on higher-risk buildings - including major refurbishment as well as new build. The Act defines 'building work' broadly. Any works to a higher-risk building that require building regulations approval will typically be subject to the gateway process. Minor works may be exempt, but contractors should seek advice for any works to a qualifying building.
Demonstrate BSA competency compliance at every clock-in
AttendIQ verifies CSCS cards live at the gate, tracks competency expiry across your entire workforce, and logs every access decision with a full audit trail - giving you the evidence you need for the golden thread and BSR inspections.
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