The Building Safety Act 2022 (BSA) introduces significant responsibilities for those involved in the management of higher-risk buildings. Directors and other officers (e.g. managers, company secretaries) may face personal criminal liability if they fail to meet these obligations, particularly when signing safety-related documents such as Landlord’s Certificates or Building Assessment Certificates.
We break down the key legal risks and responsibilities below that company directors face under the Building Safety Act 2022, helping you understand where personal liability may arise and how to mitigate it.
Key Legal Provisions
Section 161 – Personal Liability
A director or officer may be personally liable if:
- An offence was committed with their consent or connivance, or
- The offence was attributable to their neglect.
This applies to offences under Parts 2 and 4 of the BSA.
Other Relevant Offences
- Section 23: Obstructing an authorised officer.
- Section 24: Providing false or misleading information to the Building Safety Regulator.
- Section 39: Contravening building regulations (via amendment to the Building Act 1984).
- Section 99: Failing to comply with a compliance notice.
- Section 101: Contraventions that pose a risk of death or serious injury.
Potential Consequences
- Criminal prosecution
- Fines
- Imprisonment (up to 2 years) on summary conviction or indictment
- Reputational damage and regulatory sanctions
Even if a director did not know the information was false, they may still be liable if they ought to have known and failed to exercise due diligence.
Risk Mitigation for Directors
To minimise personal liability, directors should:
- Verify all safety-related information before signing any certificate or declaration.
- Implement robust internal compliance systems to ensure accuracy and accountability.
- Maintain detailed records of safety decisions, communications, and document reviews.
- Seek legal advice when unsure about the accuracy or implications of safety documentation.
Current Enforcement Landscape
- While there have been prosecutions under other legislation (e.g. the Fraud Act 2006), there have been no known prosecutions under Section 161 of the BSA to date.
- However, enforcement activity is expected to increase, particularly as the Building Safety Regulator becomes more active.
How can KN help?
We are uniquely placed in providing our clients with comprehensive advice and support for all matters arising under the Building Safety Act from a property, fire safety and criminal perspective.
Authors
Claire Lamkin is a Property Litigation partner within the Real Estate and Construction team providing advice, representation and support across the full spectrum of property matters including commercial and residential disputes.
Peter Paul is a Senior Paralegal in the Real Estate and Construction team (Litigation). Peter joined Kingsley Napley in January 2021 from a national law firm.
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