Building Assessment Certificates for higher-risk buildings
Building Assessment Certificates for higher-risk buildings
A guide for Accountable Persons (APs) and Principal Accountable Persons (PAPs), including Resident Management Companies (RMCs), Right to Manage scheme and Commonhold properties of high-rise buildings in England who are making applications for Building Assessment Certificates.
The Building Safety Regulator (BSR) issues Building Assessment Certificates (BACs) documents to Principal Accountable Persons (PAPs) of higher-risk buildings.
BACs demonstrate meeting specific legal Building Safety Act 2022 duties relating to the spread of fire and structural failure at that time.
BACs can offer assurance to residents, visitors and the public about a building’s safety. A BAC is not a guarantee of ongoing compliance or safety, it offers a “snapshot” of compliance at time of assessment.
Additionally, legislation, such as the Regulatory reform (fire safety) order and Housing Act remain in place. As does PAPs ongoing legal responsibilities.
Applying for Building Assessment Certificates
BSR directs PAPs to apply for Building Assessment Certificates. PAPs cannot self-nominate for the process.
In 2024/25, BSR directed more than 1,400 PAPs to apply for Building Assessment Certificates, with the first certificate issued in January 2025.
This criteria prioritised these initial buildings:
- being over 30 metres to 49.99 metres high with more than 217 residential units
- being over 50 metres high with more than 11 residential units
- clad with combustible aluminium composite material
- having large panel systems built between 1956 and 1973 with a gas supply where it was unclear if reinforcement work had been carried out
When BSR directs a PAP to apply for a BAC using contact information supplied when registering the building. It is crucial to keep this information up to date. The PAP must make any registration changes within 14 days of becoming aware of the change.
The PAP, when directed, has 28 days to submit the BAC application through an online portal. Failing to apply without a reasonable excuse is an offence.
Frequently Asked Questions (FAQs)
What criteria will be used to decide which buildings need to apply for Building Assessment Certificates in the future?
The following is the proposed order for organising remaining buildings to apply for their first BAC.
Buildings that are:
- 30 metres to 49.99 metres high with between 11 to 216 residential units, or 18 metres to 29.99 metres high with more than 378 residential units
- 18 metres to 29.99 metres high with between 52 to 377 residential units
- 18 metres to 29.99 metres high with between 25 to 51 residential units
- at least 18 metres high with between 2 to 24 residential units or 7 or more storeys and less than 18 metres with two or more residential units
BSR reserves the right to move buildings between those initial groups. This means, that BSR may direct any PAP to apply for the building assessment certificate at any time.
Do not wait for BSR to direct you before completing your safety case preparations, as these legal duties became enforceable in January 2024.
The application process
To apply for a BAC, PAPs must provide information and upload documents via an online portal. When directed to apply, the PAP will receive a reference number to start the application.
The application process requires the PAP to submit several key documents:
- Safety Case Report: This summarises the measures in place to manage building safety risks. It demonstrates the AP has taken “all reasonable steps” to prevent and mitigate those risks. This online guidance now provides more detail about information to include in your safety case report.
- Residents’ Engagement Strategy: This document outlines how the AP will involve residents in decisions related to building safety. This online guidance now has clearer information about how and when you should consult with residents.
- Information about the Mandatory Occurrence Reporting System: This provides details about the system in place for reporting building safety incidents.
PAPs will also need to submit:
- a statement confirming all APs have supplied relevant information and documents to others, including residents and other APs
- key building information already held mostly populates the information required by the regulations
Frequently Asked Questions (FAQs)
What is meant by “all reasonable steps”?
“All reasonable steps” is a key concept in building safety, referring to the actions that Accountable Persons (APs) must take to manage building safety risks. What constitutes “all reasonable steps” depends on the specific circumstances of the building.
Proportionality is a vital consideration. The measures APs need to have in place, the level of detail in the Safety Case Report and the complexity of management arrangements should be proportionate to the risks in the building and the size and complexity of AP/PAP organisation.
BSR assesses BAC applications in a proportionate and pragmatic way, recognising that a “one size fits all” approach is neither possible nor appropriate.
Factors considered include the presence of expected safety measures, the effectiveness and maintenance of existing measures, action taken on legacy issues, consideration of aspects not to current standards and the evaluation of additional measures.
More: Safety case toolkit – Reasonable steps and practical examples
Building Assessment Certification webinar: Application, assessment and ‘all reasonable steps’
How should residents be involved in building safety decisions, and what information should they receive?
PAPs must engage with residents about building safety decisions by using a Residents’ Engagement Strategy (RES).
The Residents’ Engagement Strategy (RES) explains how building management will involve residents in building safety decisions, which include building management and AP duty-related matters. Building management must consult residents on the RES and its revisions.
Information that residents and owners of residential units must receive includes:
- a summary of the current fire risk assessment
- a summary of the current safety case report
- information on how resident behaviour might prevent building safety risk materializing
- information on escape routes, fire doors, fire safety equipment, and evacuation procedures
- details of relevant persons involved in building safety and their contact information
- a copy of the current resident engagement strategy
More: Preparing a resident engagement strategy – GOV.UK
Watch: BSR Conference 2024 – The importance of engaging with residents
The assessment process
BSR assesses documents to determine if the PAP meets relevant legal duties under Part 4 of the Building Safety Act 2022.
A multi-disciplinary team (MDT), including a BSR Regulatory Lead, fire safety specialist, and structural assessor, carries this out.
The MDT conducts a desk-based assessment. The assessment team does not routinely include site visits but can carry them out if they feel it necessary.
The MDT reviews:
- Safety Case Report: Assessed by all three members of the MDT (BSR Regulatory Lead, fire safety specialist and structural assessor).
- Residents’ Engagement Strategy and information about the Mandatory Occurrence Reporting system: Assessed by BSR’s Regulatory Lead.
If the MDT cannot get the assurance it needs from the documents submitted, it can:
- ask for further information or specific documents
- arrange a remote call or meeting to discuss issues
- in some instances, visit the building by appointment, focusing on specific issues and not as part of a general inspection
What BSR assesses
BSR assesses various aspects of building safety through the submitted documents. Detailed and specific assessment criteria for each area, includes:
Safety Case Report (SCR)
The safety case report is assessed against criteria in several sections.
Description and basic information: the report should include:
- a version number and/or date, building name, postal address and BSR registration number
- a brief description of the building, including build date, height, number of storeys, number and type of residential units, communal areas, profile of residents, example floor plans and other building uses (if applicable)
- If the building is part of a wider development, it should describe the development, including any shared facilities
- a map of the location, a photo of the building and a brief description of the surrounding area
- details of the PAP, building owner (if different), other APs (where relevant), building safety director (if applicable), responsible person(s) under the Regulatory Reform (Fire Safety) Order 2005, managing agent(s) (if applicable). Other relevant parties (if the building is mixed use) should be included
- an overview of the services and utilities provided to the block, including isolation points where relevant and an overview of the gas system (where provided), including whether gas is supplied to individual flats and, if so, piping routes
- an overview of the efforts made to obtain information about the building
Risk assessment, description of building safety risks and steps taken
The report should provide:
- an overview of the risk assessment process used to identify and assess building safety risks
- the risk assessment process involved which people and their roles, as well as description of their competence. Plus, the source or expert for any additional specialist expertise (e.g., fire or structure etc.),
- possible scenarios of building safety risks identified by each AP, the likelihood of them materialising and the consequences if they do
- a summary of the significant findings and recommendations from the assessment(s) in terms of the building safety risks for the building
- details of the management and tracking process for any recommendations for further action through to completion
- how steps taken by each AP demonstrate compliance with the obligations under section 84 of the Building Safety Act 2022
Safety Management System (SMS)
The report should provide:
- a brief overview of the SMS and the commitment to continuous improvement
- a Safety Case Report action or improvement plan
- key roles and responsibilities in the management of building safety
- how competence for key roles is established and maintained and the measures in place for managing contractors, including determining their competence
- arrangements to manage routine or reactive maintenance, as well as statutory inspections of measures in place to manage building safety risks
- systems in place to manage, track and progress actions and recommendations identified by maintenance and inspections of measures to manage building safety risks and how urgent/emergency work is managed
- systems in place for managing changes that may impact building safety risks
- how APs assure the competence of designers and contractors, quality of materials used and the assessment and management of building safety risks while works are in progress
- how residents are consulted/informed about planned changes
- proactive and reactive monitoring systems in place for building safety risks and examples of monitoring measures, together with acceptability criteria and tolerance levels
- how dips in performance are investigated and managed
- how performance information is reported to senior managers
- how and when the effectiveness of the SMS is reviewed and arrangements to ensure any changes to the system are implemented
Emergency arrangements
The report should provide:
- emergency arrangements in place for the building, including the overall approach (stay put, simultaneous evacuation etc.), how resident profile has been considered and any liaison with the fire and rescue service
- the equipment in place to allow emergency services to respond to an emergency
- details of information provided to emergency services to support their emergency planning response
- the expectations regarding residents and how they are to respond to emergency situations
- how emergency arrangements have been communicated to residents
- any relevant maintenance or testing arrangements in place for the emergency arrangements
- arrangements in place for reviewing the emergency arrangements in place
What the fire safety specialist will look for
- basic information about the building
- building safety risk assessment
- compartmentation
- specific prevention and protection measures
- management arrangements
What the structural assessor will look for
- basic information about the building
- building safety risk assessment
- arrangements for managing ongoing structural integrity
Residents’ Engagement Strategy (RES)
BSR’s Regulatory Lead assesses the RES based on criteria that follow the requirements in the Act and Regulations. The assessment includes whether the required content is present and reasonable, including:
- information that will be provided about decisions relating to the management of the building
- aspects of building safety decisions residents will be consulted on
- how residents’ opinions will be collected, reviewed and used
- how resident participation will be measured and reviewed
More: How to engage with residents – Principles for engaging with residents
More: Preparing a resident engagement strategy – GOV.UK
Watch: BSR Conference 2024 – The importance of engaging with residents
Mandatory Occurrence Reporting (MOR) System
BSR’s Regulatory Lead assesses the MOR system based on criteria that follow the requirements in the Regulations. The assessment includes whether the required information has been provided.
More: Information about the Mandatory Occurrence Reporting System
Frequently Asked Questions (FAQs)
How long will the assessment process take?
Due to the complexities involved BAC assessments will usually take a minimum of 6 months to complete.
Is there a charge to applicants?
The submission fee charge of £302 (including VAT) plus (hourly) work done by BSR to assess the application as set out in Schedule 15 of the BSR charging scheme on the HSE website.
What happens after an application has been submitted?
After the application has been submitted and the relevant documents verified, BSR may ask for further information or additional specific documents.
Assessors may also arrange a remote call or meeting to discuss issues. And in some instances, visit the building by appointment, focusing on specific issues and not as part of a general inspection.
Outcome of the assessment
Following the assessment, if BSR determines that all relevant legal duties were met, it must issue a BAC. PAPs must display Building Assessment Certificates prominently in each building they are responsible for.
If not satisfied, BSR must refuse the application, providing reasons for the refusal.
Should issues allow prompt remedy, BSR may issue a notice specifying what needs to be done and by when. BSR can issue the BAC if PAPs meet the requirements by the due date.
If BSR refuses an application, it may take enforcement action. Once the PAP takes the required actions, BSR will direct them to re-apply for a BAC.
Refusal of a BAC application does not automatically mean a building is unsafe. The decision is based on whether APs are meeting specific legal duties.
Even if BSR identifies further actions, the PAP can often manage the risk in the meantime by implementing interim measures.
BSR aims to reassess buildings and their corresponding BACs every 5 years, but significant building changes, incidents or identified safety risks may lead to an earlier reassessment.
HSE’s enforcement policy statement contains more information about BSR enforcement action.
Making high-quality BAC applications – useful tips
- don’t assume your fire risk assessment will be all you need to meet the duty under the Building Safety Act 2022, S.83
- don’t submit large amounts of extra documents with your application. BSR will contact you if it needs further information
- ensure your Resident Engagement Strategy is specific to the building and considers needs and preferences of its residents
- work on your Safety Case Report and Resident Engagement Strategy now so you are ready to apply without waiting for direction
- have an equal understanding of both structural and fire safety
- make a demonstration of, rather than just listing, the measures in place
- read Operating a mandatory occurrence reporting system
- read Preparing a safety case report: which now provides more detail about information to include in your safety case report
- read Preparing a resident engagement strategy: recently updated with clearer information about how and when you should consult with residents
How to submit a high-quality Building Assessment Certificate application
BSR’s Tim Galloway speaking at The Property Institute (TPI) Annual Conference 2024. Visit their site to download the session slides and see the full Q&A.
Remember:
- Building Assessment Certificates are only a “snapshot” of when the building was assessed
- building owners and managers have a responsibility to keep their building(s) compliant and safe for residents. They must also update Safety Case Reports as required
- After BSR directs them to apply, PAPs’ act of obtaining a BAC for their building is an important step towards protecting the safety and well-being of those who live, work, and visit the building.
- other legislation, such as the Regulatory reform (fire safety) order and Housing Act, remain in place for PAPs, as well as their ongoing legal responsibilities
- BSR Conference 2024 – Demystifying the Building Assessment Certificate (BAC)
- BSR Conference 2024 – Assessing Building Assessment Certificate (BAC) Applications
- BSR Conference 2024 – The importance of engaging with residents
- Preparing a building assessment certificate application – GOV.UK
- Apply for a building assessment certificate
- Safety in high-rise residential buildings: accountable persons
- Preparing a safety case report
- Building safety guides for accountable persons – GOV.UK
- Operating a mandatory occurrence reporting system – GOV.UK
- Preparing a resident engagement strategy – GOV.UK
- High-rise residential building information accountable persons must provide
- Train with the Building Safety Regulator: HSE’s ‘Introduction to the role of APs and PAPs’ online or in-person course explains main roles and responsibilities and also looks at individual and organisational capabilities.