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New Building Safety Duties for Freeholders and Managing Agents

Introduction

If you own or manage a residential building, chances are the Building Safety Act 2022 has already raised a few uncomfortable questions. Am I doing enough? Have I shared the right information? What happens if I miss something? Those worries are valid. The Act changes how safety is handled, but more importantly, it changes how resident information must be shared, recorded, and updated.

This guide by Fire Safety Specialists Ltd is specifically written for freeholders and managing agents who want clear answers without legal fog. We’ll walk through the new Building Safety Act duties, explain what section 156 compliance really means, and show practical steps you can take today to protect residents and reduce risk.

Key Takeaway

The biggest shift under the Building Safety Act 2022 is simple but serious: residents must be kept informed about building safety, clearly and on time. Freeholder responsibilities now include structured communication, documented fire safety information, and accountability that cannot be passed on. If resident information is missing or unclear, compliance breaks down fast.

What Are the New Building Safety Act Duties for Freeholders and Managing Agents?

At its core, the Building Safety Act duties are about accountability. The law makes it clear who is responsible for safety and what must be done to manage risk across a residential building. For freeholders, this means taking ownership of safety processes instead of relying on informal arrangements or outdated practices.

Managing agents still play an important role, but their position has changed. They support compliance rather than replace responsibility. The legal duty remains with the freeholder or accountable person, even when tasks are delegated.

The Act introduces ongoing duties, not one-off checks. Fire safety, structural safety, and resident communication must be managed continuously. This includes collecting safety information, updating records, and sharing relevant details with residents in a way they can understand.

In practice, this marks a shift from reactive safety management to a planned and documented approach. Buildings are no longer assessed only after something goes wrong. Safety is now expected to be monitored, recorded, and explained throughout the building’s life.

You may also read: Duties of the Responsible Person

What Are the New Duties Under the Building Safety Act 2022 Regarding Resident Information?

This is the most important question for many building owners, and for good reason. Resident information sits at the centre of section 156 compliance.

Freeholders and managing agents must now ensure that residents receive:

  • Clear fire safety information explaining risks and safety measures
  • Details of evacuation strategies and fire safety arrangements
  • Information about who is responsible for building safety
  • Updates when safety risks, safety measures, or building details change
  • Instructions on how residents can report safety concerns

This information must be accurate, current, and easy to understand. Legal wording alone is not enough. If residents cannot act on the information, the duty has not been met.

The goal is trust. When residents understand how safety is managed, they are more likely to cooperate, report issues early, and feel secure in their homes. That’s exactly what the new safety regime is designed to achieve.

You may also read: Fire Safety Information Pack - New Duties Under the Building Safety Act 2022

 

New Building Safety Duties and Compliance Requirements for Freeholders and Managing Agents

 

When Must Residents Be Given Fire Safety Information?

Timing is as important as the information itself. Under the Building Safety Act 2022, fire safety details must be shared at clear points, not only during emergencies. Regular updates help residents understand risks and respond correctly.

Fire safety information must be provided:

  1. At occupation or first compliance stage: Residents must receive core fire safety information when the building falls under the Act or when they move in.
  2. After any material safety change: If fire safety measures, evacuation plans, or risk levels change, residents must be informed without delay.
  3. Following safety assessments or reviews: When inspections identify new risks or actions, residents should be updated with the relevant findings.
  4. On a regular review cycle: Information should be refreshed periodically to ensure it remains accurate and reliable.

Sharing information at the right time helps freeholders and managing agents stay compliant and ensures residents always have up-to-date fire safety guidance.

You may also read: Getting and Sharing Your Building’s Fire Risk Assessment

How Section 156 Applies to Mixed-Use Buildings

Mixed-use buildings can raise practical questions. Shops on the ground floor, flats above… so who needs what information?

Understanding section 156 compliance in shared spaces

Section 156 applies wherever residential units exist, even if the building includes commercial areas. The duty focuses on the residential parts of the building, particularly where fire safety risks from shared spaces could affect people living there.

What freeholders must consider

Freeholders must identify which parts of the building affect residential safety. Fire escape routes, shared structures, and common systems usually fall within scope. Resident information must clearly explain how these areas are managed and any related fire safety arrangements.

Role of managing agents in mixed-use sites

Managing agents often help coordinate communication between commercial tenants and residents. This support is useful, but it does not transfer responsibility. The freeholder remains accountable for making sure residents receive accurate, timely fire safety information.

You may also read: When Is A Fire Risk Assessment Required For Flats?

Who Is Responsible for Providing and Maintaining Resident Safety Information?

This is where confusion often arises, so clear roles are essential.

The freeholder and accountable person

Freeholder responsibilities include making sure safety information exists, stays accurate, and is shared with residents. Where an accountable person or principal accountable person is appointed, this duty sits with them in law.

The managing agent’s role

Managing agents may draft documents, handle communication, or organise updates. They act on behalf of the accountable party, but legal responsibility does not transfer to them.

Shared involvement, single responsibility

Several parties may support day-to-day tasks, but the law requires a clear line of accountability. One identified party must be answerable if resident safety information is missing or incorrect.

You may also read: Fire Safety for Mobility‑Impaired Residents in Basements and High‑Risk Flats

 

Understanding the New Building Safety Duties for Freeholders and Managing Agents

 

Penalties for Non-Compliance With Resident Information Duties

Failing to meet resident information duties carries real consequences. These are not technical oversights anymore.

Possible outcomes include:

  • Enforcement action from the Building Safety Regulator
  • Compliance notices requiring urgent correction
  • Financial penalties for ongoing breaches
  • Increased legal exposure after incidents
  • Loss of trust from residents and insurers

Most enforcement actions begin with missing or outdated information. Clear communication is often the first thing regulators look for, and the first thing residents notice when it’s absent.

Practical Steps for Freeholders and Managing Agents to Stay Compliant

Staying compliant does not require complex systems, but it does require consistency. Start by reviewing what safety information you currently hold and how it is shared. Ask a simple question: could a resident understand this without help?

Create a clear process for updating resident information whenever safety measures change. Document who is responsible for each step, even if a managing agent carries out the work. Written processes protect everyone.

Finally, treat communication as part of safety management, not an add-on. Regular updates, clear language, and accessible formats reduce risk and show regulators that safety is being taken seriously.

You may also read: Do Staff Need Fire Safety Training?

Conclusion

The Building Safety Act 2022 reshapes how safety is managed, but its message is straightforward. Residents must be informed, and responsibility must be clear. For freeholders and managing agents, this means moving beyond informal updates and embracing structured, documented communication.

When resident information is handled properly, compliance becomes easier, risks reduce, and trust grows. That is the foundation of effective section 156 compliance and a safer building overall.

FAQs

When does the Building Safety Act apply to residential buildings?

The Building Safety Act 2022 mainly applies to a higher-risk building, typically a high-rise residential building over 18 metres or seven storeys. Some duties, especially around fire safety, can also apply to other types of residential building.

What information must residents receive under section 156?

Residents must receive clear safety information, including fire safety guidance, evacuation instructions, and updates on any safety risk affecting the building. This information supports the building’s overall safety case.

Who pays to remediate tall buildings affected by fire safety issues?

In many cases, remediation costs are covered by the building owner, developers, or government schemes. Protections limit when residents can be charged, particularly in a higher-risk building, under the oversight of the building safety regulator.

Do managing agents carry legal responsibility under the Act?

A managing agent may help with compliance, but legal responsibility usually rests with the accountable person or principal accountable person. A responsible person may also have duties under related fire safety laws.

What happens if resident safety information is incomplete or outdated?

Missing or outdated safety information can lead to enforcement action by the building safety regulator, including notices or penalties where building regulations and health and safety duties are not met.

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