Penalties for Non-Compliance: Why Structural Safety Cannot Be Overlooked
The Building Safety Act 2022 has introduced one of the toughest safety regimes ever seen in the UK construction and housing sector.
For owners and Principal Accountable Persons (PAPs) of Higher-Risk Buildings (HRBs), residential buildings over 18 metres or seven storeys, the law now requires active management of structural safety risks as part of the building’s Safety Case.
Failing to comply doesn’t just risk delays or additional costs, it can trigger serious legal, financial and reputational consequences.
The Regulator’s Enforcement Powers
The Building Safety Regulator (BSR) has wide powers to act if an HRB is not being managed safely:
- Enforcement notices: The BSR can issue formal instructions requiring urgent action to reduce structural risks.
- Stop notices: Work or occupancy can be halted if a building is considered unsafe.
- Fines and legal penalties: Significant financial penalties can be imposed for failing to comply with statutory duties.
- Criminal prosecution: In the most severe cases, company directors or responsible individuals could face prosecution for negligence or breach of duty.
- Refusal or revocation of the Building Assessment Certificate (BAC): Without a BAC, a building may not be legally occupied or sold, and lenders or insurers could withdraw support.
The Health and Safety Executive (HSE), which hosts the BSR, has a strong enforcement track record and will apply these powers where owners fail to manage structural safety.
Financial and Reputational Impact of Non-Compliance
- Costly remedial works: Unplanned, urgent strengthening or stabilisation often costs far more than planned maintenance.
- Loss of asset value: Properties without a BAC may become unsellable or uninsurable.
- Higher insurance premiums: Insurers will penalise buildings with poor safety documentation.
- Tenant and leaseholder distrust: Residents expect transparency and safe management; failure can trigger disputes or claims.
- Investor and lender concerns: Financial institutions are increasingly cautious about poorly managed HRBs.
Why Structural Safety Is Often Overlooked
Many owners focus heavily on fire safety because it’s visible and publicly discussed while assuming their structure is sound. However:
- Older buildings may have hidden deterioration such as corrosion, settlement or weak panel joints.
- Conversions and refurbishments can change load paths and increase risks.
- The regulator specifically requires proof that structural failure risks are identified, assessed and managed.
Without an up-to-date Structural Safety Report (SSR), your Safety Case is incomplete and non-compliance is a real risk.
How to Stay Compliant and Avoid Penalties
- Commission a BSR-ready Structural Safety Report: This forms the backbone of your Safety Case and demonstrates proactive risk management.
- Create an ongoing inspection and maintenance plan: Show how you will monitor and maintain structural integrity over time.
- Record and act on Mandatory Occurrence Reports (MOR): Report any significant structural incidents promptly.
- Engage competent engineers: Use qualified, ideally Chartered Structural Engineers to sign off on structural assessments and advice.
- Keep your Golden Thread updated: Maintain digital records of assessments, reports and remediation actions.
How Structures Made Easy Protects You
At Structures Made Easy, we help owners and Principal Accountable Persons avoid enforcement action by:
- Delivering Chartered Engineer-led Structural Safety Reports that satisfy BSR expectations.
- Advising on inspection and maintenance plans to prove ongoing safety management.
- Supporting Mandatory Occurrence Reporting with rapid, expert assessment.
- Providing portfolio solutions for landlords with multiple HRBs.
- Ensuring your building’s structural risk management is clear, compliant and regulator-ready.
- With our expertise, you can protect residents, preserve asset value and avoid costly legal or regulatory consequences.
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