Introduction
Let's be honest: the Building Safety Act (BSA) has put a lot of weight on the shoulders of Principal Accountable Persons (PAPs). Alongside the day job of managing buildings, there's now the very real worry about personal liability. The talk of unlimited fines and even jail time for getting things wrong is enough to keep anyone up at night.
Feeling exposed? It's understandable. But while the risks are serious, feeling powerless isn't the answer. The good news is there are practical, common-sense steps you can take now to manage that risk, protect yourself, and feel more confident navigating the new rules.
This guide outlines key steps to focus on.
Step 1: Know Your Job Inside Out (Understand Your BSA Duties)
You can't protect yourself if you're unsure what you're actually supposed to do. The BSA gives PAPs specific legal duties. Ignoring them or being fuzzy on the details is where the risk starts.
Why it matters for liability:
Failing to meet a duty you didn't fully understand isn't a good defence. Clarity is your first layer of protection.
Simple Action:
Make sure you (and your team) have a clear grasp of your core BSA responsibilities:
- Assessing your building's fire and structural risks.
- Creating and keeping updated that Safety Case Report (SCR).
- Managing the "Golden Thread" of building information.
- Engaging properly with residents about safety.
- Reporting serious safety issues when they happen.
Key Thought:
Are you crystal clear on what the BSA legally requires of YOU as the PAP?
Step 2: Show You're Being Sensible (Demonstrate "Reasonable Steps")
The law often comes down to whether you acted reasonably. The BSA expects PAPs to take "all reasonable steps" to manage safety risks.
Why it matters for liability:
Being able to prove you took sensible, careful actions to keep people safe is your strongest position if something goes wrong or the regulator (BSR) questions your decisions.
Simple Action:
Think: "What would a careful, responsible building manager do in this situation?" This usually means:
- Acting on safety warnings promptly.
- Following established safety guidance and standards.
- Making decisions based on proper risk assessments, not guesswork.
- Crucially, keeping records of why you made certain safety decisions.
Key Thought:
Can you explain and show evidence for the sensible steps you're taking to manage safety?
Step 3: Get Your Paperwork Perfect (Good Records = Good Defence)
This sounds boring, but it's vital for managing liability. Under the BSA, your records – the SCR evidence, the Golden Thread documents, meeting notes, decision logs – are your proof.
Why it matters for liability:
Messy, incomplete, or lost records make it incredibly hard to demonstrate you took those "reasonable steps." If you can't prove it, it's almost like it didn't happen in the eyes of compliance.
Simple Action:
Focus on having:
- Organised: Safety info stored logically, not scattered across random spreadsheets and emails.
- Up-to-Date: Records reflecting the current state of the building and safety measures.
- Accessible: Key documents findable quickly when needed (especially for that 28-day SCR request!).
- Clear: Records showing who did what, when, and why regarding safety decisions.
Key Thought:
If the BSR asked for proof of a safety action from 6 months ago, could you find it easily and show a clear record?
Step 4: Don't Be Afraid to Ask for Help (Use Competent People)
You're not expected to be an expert in everything – fire engineering, structural surveys, complex regulations. Part of being responsible is knowing when to bring in qualified help.
Why it matters for liability:
Relying on unqualified people (or trying to do complex technical tasks yourself without the right skills) is not taking reasonable steps. Using competent experts demonstrates diligence.
Simple Action:
- Hire properly qualified and accredited professionals for tasks like fire risk assessments or structural inspections.
- Ensure your own staff involved in safety management receive appropriate training.
- Keep records of the qualifications of people you rely on.
Key Thought:
Are you using people with the right skills and qualifications for safety-critical tasks, and can you prove it?
Manage the Risk, Reduce the Worry
The personal liability aspect of the Building Safety Act is serious, there's no denying it. But it's not about catching people out – it's about ensuring buildings are genuinely safe.
By focusing on these key steps – knowing your duties, acting reasonably, keeping great records, and using competent help – you shift from feeling exposed to feeling empowered. These aren't just compliance hoops; they are the building blocks of responsible management and your best strategy for managing liability risk under the new rules. Be proactive, be organised, and put safety first.
3. Lack of Audit Trails
BSA compliance demands transparency about changes:
- No reliable way to track who made changes
- No automatic logging of when data was modified
- Unable to demonstrate proper information management
4. Limited Collaboration
Modern safety management requires teamwork:
- Restricted collaboration among stakeholders
- Simultaneous editing prone to conflicts
- Working with outdated information
5. Security Vulnerabilities
Safety data requires robust security:
- Inadequate access controls and permissions
- Easy to share sensitive data with unauthorized parties
- Password protection easily bypassed