At a recent industry forum, Sandra Ashcroft, Head of Industry Competence and Culture Change within the Building Safety Division at the Health and Safety Executive (HSE), delivered a message of critical importance to the built environment sector. Her directive was unambiguous: the Building Safety Act 2022 (BSA 2022) is not legislation restricted solely to high-rise or higher-risk residential buildings (HRBs). Its principles permeate the entirety of the UK building stock.
For the ISSE membership, comprising structural engineers, residential surveyors, mycological and damp specialists, timber preservation experts, asbestos consultants, and remediation professionals, the implications of this legislative shift are profound. The BSA 2022 signals a departure from traditional compliance-based reporting toward a holistic culture of safety, competence, and accountability. It demands that we, as specialists, broaden our analytical focus beyond the immediate condition of a property to consider, with far greater acuity, the health and safety ramifications of our findings.
The Universal Scope of the Building Safety Act 2022
The BSA 2022, alongside its associated secondary legislation, represents the most significant reform of building safety standards in a generation. While headlines have naturally focused on the stringent regime for HRBs, the Act’s influence extends to all residential dwellings.
For specialist practitioners, the Act introduces a higher standard of professional responsibility. It reinforces the existing common law duty of care, arguably raising the threshold for what constitutes “reasonable skill and care.” The overarching legislative intent is clear: to ensure that buildings are safe for habitation and that those advising on them demonstrate verifiable competence.
Legal Implications: The Extended Liability Horizon
A critical component of the BSA 2022 is the amendment of the Defective Premises Act 1972 (DPA). These changes fundamentally alter the risk profile for all practitioners:
- Prospective Extension: The limitation period for claims regarding new work has been extended from 6 years to 15 years.
- Retrospective Extension: Crucially, the limitation period for claims relating to work completed prior to the Act’s commencement (28 June 2022) has been extended to 30 years.
This retrospective expansion significantly lengthens the tail of liability. Whether you are a structural engineer who calculated load paths two decades ago, or a surveyor who reported on a damp issue in the 1990s, you may now face claims if that advice is judged negligent regarding defects that render a dwelling “unfit for habitation.”
Competence: The New Regulatory Currency
Under the new regime stewarded by the Building Safety Regulator (BSR), competence is no longer an abstract concept but a quantifiable requirement. It is defined through the possession of appropriate Skills, Knowledge, Experience, and Behaviours (SKEB).
For ISSE members, this means that the age of generalist assumptions is over. Whether identifying potentially flammable materials, assessing structural integrity, or diagnosing toxic mould, the practitioner must demonstrate specific competence in the relevant domain. Failure to adequately identify, report, and communicate significant safety risks—or operating outside one’s proven area of expertise—may now result in severe legal and reputational consequences.
Sector-Specific Implications
The BSA 2022 requires a nuanced application across the diverse disciplines represented within the ISSE:
Structural Engineers and Timber Preservation Experts
When assessing structural elements, it is no longer sufficient to note deflection or decay purely as repair items. Advice must now draw a clear and explicit connection between defect and safety risk. Practitioners must explicitly evaluate the safety implications:
- Is the structural integrity compromised to the point of immediate danger?
- Does the timber decay indicate a wider failure of the building envelope that could pose health risks?
Damp, Mould, and Mycology Specialists
With growing emphasis on building safety and health, diagnosing dampness has become a safety-critical activity. Practitioners must move beyond identifying the presence of moisture to articulating the health risks associated with mould spores, mycotoxins, and fungal colonisation. Reports must clearly identify the root cause—whether ventilation failure, cold bridging, or water ingress—and recommend remedial actions that prioritise occupant health.
Asbestos and Hazardous Materials Specialists
For professionals assessing asbestos or chemical contaminants, the duty to warn is paramount. If materials are observed that may degrade or pose risk during future works, this must be flagged with clarity and urgency. A mere “observation” is no longer acceptable; practitioners must provide a warning of consequence.
Residential Surveyors and Inspectors
General practitioners must exercise heightened vigilance when encountering specific safety hazards:
- Insulation: Identifying older loose-fill insulation (e.g., urea-formaldehyde or non-fire-retarded cellulose) requires warnings about fire propagation and off-gassing.
- Electrical Systems: Noting that wiring is “dated” is insufficient. Surveyors must articulate the potential for fire or shock and recommend a full Electrical Installation Condition Report (EICR).
- Cladding / EWS: Even on low-rise buildings, where combustible or poorly installed materials are observed, the surveyor must identify them as potential risks requiring specialist review.
Mitigating Liability: A Framework for Best Practice
To navigate this evolving landscape and minimise professional exposure, ISSE members are advised to adopt the following protocols:
Rigorous Technical Diligence
Profound technical knowledge remains the first line of defence against negligence claims. Practitioners must engage in continuous professional development (CPD) focusing on:
- The BSA 2022
- Material identification and construction methods
- Fire safety fundamentals
- Emerging risk indicators
Forensic Inspection and Reporting
The “visual inspection” must now be underpinned by a forensic mindset. Reports should be structured to:
- Identify the hazard clearly.
- Explain the specific consequences (structural failure, fire spread, respiratory health risk, etc.).
- Recommend actionable next steps, explicitly naming the specialist required (e.g., “A structural engineer is required to assess the integrity of the retaining wall”).
Unambiguous Communication
Ambiguity is the enemy of safety. Use plain, precise English. Ensure that the client—often a non-technical layperson—understands the gravity of significant findings. Where serious risks are identified, supplement the written report with a documented verbal discussion.
Documentation and Record Keeping
Given the 30-year retrospective liability period, meticulous record-keeping is essential. Maintain comprehensive files of site notes, photographs, decision rationale, and client communications. These records may be your only defence in a claim arising decades later.
The ISSE Commitment
The Institute of Specialist Surveyors and Engineers is dedicated to supporting its members through this transition. We are committed to:
- Curating Targeted CPD: Delivering advanced training that addresses the practical implications of the BSA 2022 across surveying and engineering disciplines.
- Refining Standards: Updating ISSE technical guidance to reflect heightened duties of care and evolving regulatory expectations.
- Industry Advocacy: Representing the interests of specialist practitioners in national discussions with regulators and policymakers.
Final thoughts
The Building Safety Act 2022 is not merely a regulatory hurdle; it is a fundamental restructuring of professional accountability in the built environment. Whether calculating a beam, analysing a damp wall, or surveying a façade, practitioners must now view their work through the lens of safety and human wellbeing.
By proactively adapting our practices, enhancing our competence, and reporting with absolute clarity, ISSE members can not only mitigate their own liability but also lead the industry in restoring trust and ensuring safety throughout the built environment.
Disclaimer: This article is intended for professional development and informational purposes only and does not constitute legal advice. ISSE members should consult with legal advisors and their professional indemnity insurers regarding specific obligations and liability coverage.
