The Building Safety Act: The Latest Amendments and Their Practical Effects

It has been eight years since the Grenfell Tower tragedy, yet thousands of residential buildings in the UK remain affected by cladding issues. In response, the government announced the Remediation Acceleration Plan at the end of 2024. Legislative measures are expected in summer 2025, targeting persistent delays and gaps in the current building safety regime. These reforms have three primary objectives; fix buildings faster; identify unsafe buildings; and support the residents habituated and affected by these unsafe buildings. This article outlines the latest changes and assesses their likely effects on homeowners, developers, contractors, architects, and consultants.

Stakeholders must prepare for tighter compliance expectations and more scrutiny. Quigg Golden can support and advise clients with building registration, statutory compliance, enforcement response strategies, and cost recovery processes.

Understanding these changes early allows organisations to manage legal and financial risks effectively. Should you need advice on navigating the changes introduced by the Act, please do not hesitate to contact Harry King at: Harry.King@HF.law

1. Fixing Buildings Faster

The Bill expands the legal duty for building owners by setting specific deadlines for completing remediation works. By the end of 2029, all ‘higher risk buildings’ (at least 18 metres in height or having at least 7 storeys and containing at least 2 residential units) in government-funded schemes must be remediated. For buildings above 11 metres (or 5 storeys) with unsafe cladding, remediation must either be completed or have a date set for completion by the end of 2029. Otherwise, landlords could be liable for severe penalties. The aim of these measures is to move away from voluntary compliance and towards statutory duties with defined consequences.

Local authorities, fire and rescue services, and the Building Safety Regulator (BSR) will receive expanded enforcement powers. These include the ability to compel action and impose penalties via instruments such as Remediation Orders. A Remediation Order requires a landlord to remedy certain building safety defects and Remediation Contribution Orders require a specified party to contribute towards the cost of remedying defects. These orders can be made against a landlord under a lease of a building, or any part of it, in relation to any building that contains at least 2 dwellings and is at least 11 metres in height, or that has at least 5 storeys.

The Government also proposes giving new powers to the Secretary of State and regulators to compel entities to disclose their beneficial ownership chains to address delays and evasion techniques caused by complex or obscured ownership structures.

2. Identifying Unsafe Buildings

The proposed legislation closes the existing gap that excludes 11–18 metre buildings from current registration duties. The revised framework will require all buildings above 11 metres, like those above 18 metres under the previous regime, to register with the Building Safety Regulator. Non-compliance could result in civil or criminal penalties.

Data from the National Audit Office estimates that 60% of unsafe buildings over 11 metres remain unidentified. The scale of the issues is illustrated by the finding that 2,500 social housing dwellings are already confirmed to have unsafe cladding. Further, it is estimated that 4,000 to 7,000 additional buildings above 11 metres with unsafe cladding are yet to be identified. The enhanced registry and clearer legal obligations aim to facilitate identification and remediation.

3. Supporting Residents and Cost Clarity

The Leasehold and Freehold Reform Act 2024 (effective October 2024) introduced changes to clarify leaseholders’ rights to recover costs from landlords that have previously been paid in connection with remediation. These include expenses for interim measures such as waking watches, evacuation alarms, expert reports, and alternative accommodation. Amendments to the Landlord and Tenant Act 1987 also make clear that court-appointed managers who have taken on landlord duties can also be responsible for building safety duties when landlords fail to act.

The Waking Watch Replacement Fund has been extended to March 2026. This extension supports the leaseholder protections set out in Part 5 of the BSA 2022; it means the majority of leaseholders can no longer be required to contribute to the costs of Waking Watch and alarms, and moves liability to pay, that would have previously sat with leaseholders, to landlords and building owners. Additionally, leaseholders are now protected from bearing the cost of remediation tied to landlords who are insolvent.

Outside of the Remediation Acceleration Plan, the Government also published a joint plan to accelerate developer-led remediation and improve resident experience. This is separate from the 2023 developer remediation contract which required developers to contractually commit to remediate unsafe buildings which they developed. Whilst this joint plan only commits developers to make every effort to achieve several stretch targets, it reflects the onus of responsibility the Government is intending to impose on developers.

4. Building Safety Levy and Certification

A new Building Safety Levy will apply from October 2026 and aims to collect £3.4 billion over the next decade to fix unsafe buildings. The levy will be charged on most new residential developments requiring building control approval, subject to certain exemptions. Non-payment of the levy will result in the withholding of a building control completion certificate, or rejection of a final certificate. The draft regulations (called The Building Safety Levy (England) Regulations 2025) setting out how the levy will operate were laid in Parliament on 10 July 2025; these remain subject to Parliamentary approval, but the clear intention is to make developers contribute financially to remedy historic safety defects.

Building Assessment Certificates (BACs) are being introduced to document compliance. Accountable Persons and Principal Accountable Persons must ensure that their buildings meet the legal requirements at the time of assessment. These certificates are likely to become a key part of regulatory scrutiny moving forward.

5. Expanding Risk Definitions

The Grenfell Tower Inquiry’s Phase 2 recommendations are expected to influence further amendments. One anticipated change is a broader definition of “high-risk buildings” to include not just height but factors such as resident vulnerability. If implemented, this will affect building categorisation, risk assessments, and the scope of legal duties.

Conclusion

The forthcoming legislative changes represent a significant shift in the building safety framework. The government’s objectives are clear: speed up remediation, close data and regulatory gaps, and shift financial burdens away from residents. While these proposals aim to increase compliance and accountability, challenges in identification, enforcement, and resourcing persist.

If you require advice, representation or training on the Building Safety Act and/or the current or upcoming changes, please get in touch with our construction law specialist team here to learn more.