The golden thread Building Safety Act 2022: what property owners need to know

TL;DR: Following the Grenfell Tower tragedy, the Building Safety Act 2022 introduced a new legal duty for owners of tall residential buildings: the ‘golden thread’. Think of it as a complete, living digital logbook for your building, its design, its materials, its safety records. This guide explains what you need to keep, who you need to tell, and what happens if you don’t.

1. Introduction

The Building Safety Act 2022 sets out a new statutory regime for building safety in England. It aims to improve standards and ensure that residents of higher-risk buildings are safe and informed. Central to the Act is the golden thread Building Safety Act 2022 requirement, a secure, digital record of building safety information, maintained throughout the lifecycle of a higher-risk building and accessible to those who need it.

For property owners, landlords, and management companies, the information requirements under the Building Safety Act 2022 necessitate a structured and compliant approach. Failure to gather, maintain, and share the requisite building safety information may amount to a breach of statutory duty. The following sections set out the principal information requirements for those managing and owning higher-risk buildings, detailing the records to be kept, the parties with whom information must be shared, and key considerations for statutory compliance.

2. What is a Higher-Risk Building?

Before examining the information duties, you must determine whether your property falls within the scope of the new regime. Section 65 of the Building Safety Act 2022 defines a “higher-risk building” during its occupation phase.

To qualify as a higher-risk building, a structure must meet specific height and use thresholds:

• It must be at least 18 metres in height, or have at least seven storeys; and
• It must contain at least two residential units.

The legislation includes several notable exclusions. Care homes, secure residential institutions, hospitals, military barracks, and hotels are generally excluded from classification as higher-risk buildings during the occupation phase, pursuant to section 65(2) of the Building Safety Act 2022 and as further defined in the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (SI 2023/278). If your building meets the statutory definition, the stringent information requirements outlined below apply.

3. Accountable Persons and the Principal Accountable Person

The Building Safety Act 2022 places legal responsibility firmly on specific individuals or corporate bodies known as Accountable Persons (APs) and the Principal Accountable Person (PAP).

An Accountable Person, as defined in Section 72 of the Act, is an individual or organisation that either holds a legal estate in possession of the common parts of a higher-risk building or has a repairing obligation for those common parts. Depending on the complexity of the building’s ownership structure, a single building may have multiple Accountable Persons.

To ensure clear leadership, Section 73 requires the identification of a Principal Accountable Person. Where a building has only one AP, that entity automatically becomes the PAP. Where multiple APs exist, the PAP is the entity that owns or has the repairing obligation for the structure and exterior of the building.

These roles are central to the information duty regime. The PAP holds the overarching responsibility for maintaining the golden thread of information and coordinating safety measures, while all APs must cooperate and share information to ensure the building remains safe.

4. Duties Relating to Information and Documents

Sections 87 to 90 of the Building Safety Act 2022 set out the core statutory duties regarding information management for higher-risk buildings.

Section 87: Duty to Obtain and Keep Information

Accountable Persons must proactively obtain and retain prescribed information and documents relating to building safety risks. This is not a passive duty; you must seek out missing information, keep all records up to date, and store them in a digital format that ensures they remain secure and accessible.

Section 88: Duty to Provide Information

Accountable Persons must provide prescribed information to the Building Safety Regulator (BSR), to other Accountable Persons within the same building, and to any other specified individuals. This ensures that the Regulator can effectively oversee the building and that all parties managing the property understand the risks.

This duty arises in respect of residents: as soon as the building becomes occupied, or as soon as they move in, and as soon as an update is required.

Non-resident owners must receive the information as soon as: the AP is aware that the person has taken ownership of a residential unit in the building, or there is a contravention notice, and when information requires updating.

Section 89: Duty to Provide Information to Residents

Transparency with occupants is a primary objective of the Act. Accountable Persons must provide specific building safety information to residents and owners of residential units, empowering them to understand the safety of their homes and the measures in place to protect them.

As soon as a person becomes the AP they become liable for the accuracy and provision of the information.

Section 90: Duty to Pass Information to a New Accountable Person

If an Accountable Person ceases to be responsible for a building (for example, if the property is sold), they must hand over all relevant building safety information to the incoming Accountable Person. This prevents the loss of crucial historical data and maintains the integrity of the golden thread.

5. Who Must You Provide Information To?

The Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2024 (SI 2024/41) prescribe, in detail, both the specific categories of persons and bodies to whom information must be supplied, and the precise statutory “trigger events” that give rise to the duty to provide that information. The Regulations break down the timing and content of information provision obligations, including for example, initial registration of the building, the submission of safety case reports, updates following material changes to the building or its risk profile, changes in Accountable Persons, and on request by prescribed authorities. SI 2024/41 therefore gives effect to the Act’s overarching duties by setting out who must receive particular information and the circumstances in which those disclosures are required.

Under the Regulations, you must provide relevant information to the following categories of persons or bodies:

• The Building Safety Regulator: Requires comprehensive safety case reports, mandatory occurrence reports, and registration details. Trigger events include initial registration of the building, submission of the safety case report, and any major changes to the building’s risk profile.
• Other Accountable Persons: Requires sharing relevant safety information to ensure a coordinated approach to building safety management, triggered by the emergence of new information or changes in duties.
• Residents and Unit Owners: Requires provision of prescribed safety information and guidance, triggered when residents take up occupation, annually thereafter, and whenever significant updates occur.

6. The ‘Golden Thread’

The information required to be passed to incoming accountable persons is set out in Schedule 1 of SI 2024/41. This sets out the full technical “golden thread” information that the Accountable Person must keep and maintain. This comprises the comprehensive records and documents forming the substance of the golden thread.

The types of records you must securely store include:

• Building Design and Construction: Original plans, details of the materials used in the external wall systems, and structural designs.
• Safety Risk Assessments: Comprehensive assessments evaluating the risk of fire spread and structural failure.
• Management Strategies: The resident engagement strategy, complaints handling procedures, and the overarching safety management system.
• Maintenance Records: Schedules and logs for the inspection, testing, and maintenance of all fire safety equipment, lifts, and structural elements.
• Mandatory Occurrence Reports: A detailed log of all safety incidents or near misses reported to the Regulator.

You must keep these documents digitally, ensuring they remain legible, secure, and readily available for inspection by the Building Safety Regulator or other authorised parties.

7. Residents’ Information

The information required to be past to residents in accordance with the various regulations are Contained in Schedule 2 of SI 2024/41.
Schedule 2 of SI 2024/41 sets out the specific resident-facing, accessible information that must be proactively provided to residents and owners of residential units, in contrast to the full technical records required by Schedule 1.

The scope of Schedule 2 focuses heavily on practical safety and resident empowerment, differing from Schedule 1 by omitting highly technical engineering documents in favour of accessible, actionable guidance.

Information provided to residents must include:

• Risk Prevention: A clear summary of the building safety risks identified and the measures in place to mitigate those risks.
• Resident Duties: An explanation of the duties placed on residents under the Building Safety Act 2022, such as the obligation not to tamper with fire safety equipment.
• Reporting Procedures: Clear instructions on how residents can report a building safety risk to the Accountable Person.
• Further Information: Details on how residents can request access to more comprehensive building safety documents (the Schedule 1 information).
• Key Contacts: The contact details of the Principal Accountable Person and any other relevant management entities.

8. Practical Takeaways

Compliance with the Building Safety Act 2022 requires a practical, legally robust approach under active regulatory oversight by the Building Safety Regulator. Accountable Persons and building owners should address the following key responsibilities:

1. Identify Roles: Confirm and formally document the individuals or organisations who are the Accountable Person(s) and Principal Accountable Person (PAP), ensuring all parties understand their duties and potential liabilities.
2. Conduct an Information Audit: Assess existing information against the Schedule 1 (SI 2024/41) requirements. Promptly remedy any gaps in structural and fire safety records and ensure information remains current and accurate.
3. Implement Digital Systems: Ensure all records are held digitally, pursuant to statutory requirements, and are easily accessible to enable swift response to information requests from the Building Safety Regulator or other statutory recipients.
4. Draft Resident Communications: Prepare clear and comprehensive Schedule 2 information in resident-friendly language, explaining how residents can access further information or report concerns in accordance with legal duties.
5. Respond to Statutory Requests: Establish procedures for timely, accurate responses to statutory information requests from the Building Safety Regulator and other prescribed bodies.
6. Monitor Compliance and Prepare for Oversight: Regularly review procedures and training to maintain ongoing compliance, bearing in mind that failure to meet information obligations under the Act may constitute a criminal offence, subjecting individuals and organisations to regulatory action and penalties.

9. Conclusion

Effective management of information under the Building Safety Act 2022 is not only essential for resident safety but is a statutory obligation. Non-compliance may result in criminal liability, regulatory sanctions, and significant reputational risk for property owners and those with management responsibilities. The requirements for obtaining, maintaining, and providing information demand ongoing diligence and a robust compliance framework.

For specialist advice on compliance with the Building Safety Act 2022 and its information requirements, please contact our property and construction team. Our experts can guide you through complex regulatory obligations and support your organisation in achieving robust legal compliance.

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