Building Safety Act 2022: Duty Holders Explained — Who Is Responsible for What?

The Building Safety Act created new legal roles with serious consequences for non-compliance. This guide explains every duty holder role, their responsibilities, and how to avoid prosecution.. Understanding BSA Duty Holders The Building Safety Act 2022 introduced the most significant reform to building safety accountability in a generation. For the first time, specific individuals are personally liable for building safety at every stage of a building's lifecycle. Design and Construction Phase Client The person commissioning the building work: Must appoint competent duty holders Must ensure adequate resources for fire safety Must not arrange for work to be carried out by incompetent persons Penalties : Up to 2 years imprisonment and/or unlimited fine Principal Designer The designer in overall control of the design phase: Must plan, manage, and monitor the design work Must ensure all designers comply with Building Regulations Must coordinate fire safety design across all disciplines Must deliver complete golden thread information at Gateway 3 Must be competent — demonstrated through qualifications, experience, and organisational capability Principal Contractor The contractor in overall control of the construction phase: Must plan, manage, and monitor the construction work Must ensure all contractors comply with Building Regulations Must maintain the golden thread during construction Must facilitate the consultation process with residents and fire service Occupation Phase Accountable Person (AP) The legal entity responsible for the building's safety during occupation: Must register the building with the Building Safety Regulator Must assess building safety risks and prepare a safety case report Must manage the golden thread of building information Must establish a residents' engagement strategy Must appoint a Building Safety Manager Must report mandatory occurrences to the BSR Principal Accountable Person (PAP) Where there are multiple APs, one must be designated as principal: Must apply for the building assessment certificate Must coordinate all accountable persons Must take the lead on the safety case report Must be the single point of contact for the BSR Building Safety Manager Appointed by the AP to manage day to day building safety: Must be competent in building safety management Must implement the safety case report Must manage ongoing fire safety measures Must coordinate with residents and the fire service The Competence Framework Role Required Competence How to Demonstrate Client General awareness Training/briefing Principal Designer Design competence Professional registration + BSA training Principal Contractor Construction competence Industry accreditation + BSA training Accountable Person Management competence Building safety qualifications Building Safety Manager Operational competence IFE/BIFM certification + experience Enforcement and Penalties The Building Safety Regulator has extensive enforcement powers: Compliance notices — requiring specific actions within set timeframes Restriction notices — prohibiting specific activities Stop notices — halting construction or occupation Prosecution — criminal charges for duty holder failures Financial penalties — unlimited fines for corporate bodies Personal liability — directors and officers can be personally prosecuted Key BSR Statistics (2025 2026) Metric Number Buildings registered 12,847 Safety case reports submitted 3,241 Enforcement notices issued 156 Prosecutions initiated 23 Average fine £125,000 Practical Steps for Compliance 1. Identify your role — determine which duty holder category applies 2. Assess competence — ensure you meet the competence requirements 3. Register buildings — all HRBs must be registered with the BSR 4. Prepare safety case — comprehensive building safety case report 5. Establish golden thread — digital record of building safety information 6. Engage residents — mandatory residents' engagement strategy 7. Report occurrences — mandatory occurrence reporting within 10 days 8. Maintain records — documentation of all safety management activities Magnus Opifex SEVEN LTD — UK's Leading Fire Safety & Fire Engineering Consultancy 🌐 magnus opifex.co.uk 📞 +44 7486 691724 ✉️ office@magnus opifex.co.uk Founders: Nicoleta Vasile, Baroness of Brattleby — CEO, Lawyer and Barrister, Legal & Administrative Director Alina — Technical Director & Expert Fire Engineer (BEng) Head Office: Ealing Cross, 85 Uxbridge Road, London W5 5BW Magnus Opifex SEVEN LTD delivers engineering led fire engineering, fire risk assessments, CFD modelling, and building safety consultancy across the United Kingdom and internationally. With over 20 years of combined experience and a UK portfolio spanning healthcare, residential and infrastructure, we bring truly engineered solutions with a personal touch. © 2026 Magnus Opifex SEVEN LTD. All rights reserved.