What do hotels need to know about BSA 2022?

In April 2020, the then UK housing secretary Robert Jenrick described what would culminate in the Building Safety Act 2022 (BSA 2022) as 'the biggest change in building safety for a generation', and the Act certainly has required developers, investors, owners and operators to re-think their approach to risk and compliance.

It is over three years since the new regime was introduced to ensure that buildings are safe for those who occupy them in the wake of the Grenfell Tower fire, but it is fair to say that there are parts of the built environment sector that still do not understand that BSA 2022 applies to them.

It is therefore important to understand that BSA 2022 amended the Building Regulations 2010, and that these amendments apply to any building work to which the regulations apply, with additional requirements for buildings classified as being higher risk.

A higher-risk building (HRB), for the purposes of BSA 2022, is defined as being over 18 metres in height or having at least seven storeys and containing at least two residential units.

The Building Regulations etc. (Amendment) (England) Regulations 2023, which came into force on 1 October 2023, introduced new statutory duties on clients and project teams to ensure compliance with building regulations and apply to any 'building work'.

This includes a duty to ensure that individuals or organisations undertaking design and building work are competent and only undertake work within the limits of that competence.

In addition, a hotel that meets the height criteria and contains serviced apartments – or is part of a mixed-use scheme which includes residential – is an HRB for the purposes of the Act and will therefore need to comply with The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.

These regulations set out the procedures for applying for building control approval in relation to HRBs.

The accountable person has a legal duty to register a HRB and apply for and display a building assessment certificate.

The legal consequences of failing to comply with the legislation are significant. On conviction, the courts can impose a prison term of up to two years, an unlimited fine, or both.

Beyond this, there are the possible financial and reputational consequences and the potential damage to brand perception and investor appetite. Compliance is clearly critical, and ignorance is not a defence.

Part of the reason is that responsibility for compliance under the Act is not always clear, particularly where ownership and operation are separate, which is often the case in the hotel sector.

It is therefore essential that hotel developers, owners and operators understand who holds legal responsibility, review compliance processes, secure all critical safety information in line with the hotel's golden thread, and confirm the competence of designers, contractors, and other duty holders.

Registration under the HRB regime and rigorous safety management shouldn't be treated as box-ticking exercises but rather seen as essential to good governance.

Embedding compliance is not only a legal requirement, it is good business. Parties that act decisively in this regard will not only meet the law's requirements, but also demonstrate to investors, guests and stakeholders that building safety is a genuine priority.

Crucially, hotel developers should seek professional advice at the viability and planning stage to ensure that any projects are structured to meet requirements of the new regime from day one.

Early expert input can identify potential HRB implications, guide design and construction choices, and reduce the risk of costly delays or non-compliance at a later date.