BUILDING SAFETY ACT 2022

Duties relating to information and documents

OCTOBER 18, 2023

John Field
BUILDING SAFETY ACT 2022 Du�es rela�ng to informa�on and documents

Building Safety Act 2022 ................................................................................................................... 2

Du�es rela�ng to informa�on and documents ............................................................................. 2
87 Mandatory repor�ng requirements ......................................................................................... 2
88 Keeping informa�on about higher-risk buildings ..................................................................... 2
89 Provision of informa�on etc to the regulator, residents and other persons ............................. 3
90 Provision of informa�on etc on change in accountable person ................................................ 3
Golden thread legisla�on and planned publica�ons ......................................................................... 5
Primary Legisla�on ....................................................................................................................... 5
Secondary Legisla�on ................................................................................................................... 6
Guidance ....................................................................................................................................... 6
Golden thread defini�on .................................................................................................................. 7
Summary....................................................................................................................................... 7
Full defini�on ................................................................................................................................ 7
The golden thread principles ............................................................................................................ 8
HSE Guidnace.................................................................................................................................. 10
Storing your building's informa�on – the golden thread ................................................................ 10
The informa�on you will need to manage .................................................................................. 10
New buildings: planning, design, construc�on................................................................................ 11
Planning applica�ons .................................................................................................................. 11
Design and construc�on.............................................................................................................. 11
Design ..................................................................................................................................... 11
Before building work starts ..................................................................................................... 12
When the building is completed ............................................................................................. 12
Before occupa�on ................................................................................................................... 13

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BUILDING SAFETY ACT 2022 Du�es rela�ng to informa�on and documents

Building Safety Act 2022

Du�es rela�ng to informa�on and documents
87 Mandatory repor�ng requirements
1) An accountable person for an occupied higher-risk building must, in prescribed circumstances,
give prescribed informa�on to the regulator by the prescribed �me and in the specified way.

2) The informa�on that may be prescribed is informa�on that relates to a building safety risk as
regards the part of the building for which an accountable person is responsible.

3) In subsec�on (1) “specified” means specified in a direc�on given and published by the regulator.

4) A person who, without reasonable excuse, contravenes subsec�on (1) commits an offence and is
liable on summary convic�on to a fine.

5) The principal accountable person for an occupied higher-risk building must establish and operate
an effec�ve mandatory occurrence repor�ng system which complies with prescribed
requirements.

6) A “mandatory occurrence repor�ng system” is a system for the giving of informa�on to

accountable persons for the building for the purpose of enabling them to comply with subsec�on
(1).

7) Informa�on provided by a person under subsec�on (1) is not admissible in evidence against that
person in criminal proceedings except—
a) in proceedings for an offence under sec�on 24 or this sec�on,
b) )in proceedings for an offence of perver�ng the course of jus�ce, or
c) if in the proceedings—
i. in giving evidence the person makes a statement inconsistent with the informa�on,
and
ii. evidence as to the informa�on that was provided is adduced, or a ques�on rela�ng
to it is asked, by or on behalf of the person.

88 Keeping informa�on about higher-risk buildings

1) An accountable person for a higher-risk building must—
a) keep prescribed informa�on in accordance with prescribed standards, and
b) so far as possible keep such informa�on up to date..

2) An accountable person for a higher-risk building must keep copies of prescribed documents in
accordance with prescribed standards.

3) Where an accountable person does not hold prescribed informa�on or a copy of a prescribed
document, they must obtain it except where it is not prac�cable to do so.

4) The Secretary of State may by regula�ons make provision as to when the du�es in subsec�ons
(1) to (3) apply.

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89 Provision of informa�on etc to the regulator, residents and other persons

1) The Secretary of State may by regula�ons make provision requiring an accountable person for a
higher-risk building to give prescribed informa�on or a copy of a prescribed document to—
a) the regulator,
b) another accountable person for the building,
c) residents of the building,
d) owners of residen�al units in the building, or
e) any other prescribed person.

2) The regula�ons may in par�cular make provision about—

a) when informa�on or a copy of a document must be given;
b) the way in which informa�on or copy of a document must be given;
c) the form in which informa�on must be given (and may in par�cular require that the
informa�on is given in an accessible form);
d) the standards in accordance with which informa�on or a copy of a document must be
given.

3) The regula�ons may make excep�ons to any duty imposed under the regula�ons.

4) Subject to subsec�on (5), the regula�ons may provide that the disclosure of informa�on under
this sec�on does not breach—
a) any obliga�on of confidence owed by the accountable person in rela�on to that
informa�on;
b) any other restric�on on the disclosure of informa�on (however imposed).

5) This sec�on does not authorise a disclosure of informa�on if the disclosure would contravene
the data protec�on legisla�on (but in determining whether a disclosure would do so, take into
account the powers conferred by this sec�on).

6) Where the regula�ons provide that any informa�on or document must be given to the regulator,
they may make provision about the admissibility in any criminal proceedings of the informa�on
or document.

90 Provision of informa�on etc on change in accountable person

1) This sec�on applies where at any �me (“the relevant �me”) an accountable person for a higher-
risk building (the “outgoing person”) ceases to be responsible for all or any part of the building.

2) The outgoing person must give prescribed informa�on and a copy of any prescribed document to
any person who, immediately a�er the relevant �me—
a) is an accountable person for the building, and
b) is responsible for a part of the building for which the outgoing person ceased to be
responsible at the relevant �me.
3) The informa�on and documents must be given—
a) by the prescribed �me,
b) in the prescribed way, and
c) in accordance with prescribed standards.

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BUILDING SAFETY ACT 2022 Du�es rela�ng to informa�on and documents

4) The outgoing person must give prescribed informa�on to the regulator in the prescribed way, as
soon as reasonably prac�cable a�er the relevant �me.

5) Subject to subsec�on (6), regula�ons made by the Secretary of State under this sec�on may
provide that the disclosure of informa�on under this sec�on does not breach—
a) any obliga�on of confidence owed by the outgoing person in rela�on to that
informa�on;
b) any other restric�on on the disclosure of informa�on (however imposed).

6) This sec�on does not authorise a disclosure of informa�on if the disclosure would contravene
the data protec�on legisla�on (but in determining whether a disclosure would do so, take into
account the powers conferred by this sec�on).

7) A person who, without reasonable excuse, contravenes subsec�on (2) or (4) commits an offence
and is liable—
a) on summary convic�on, to imprisonment for a term not exceeding the maximum
summary term for either-way offences or a fine (or both);
b) on convic�on on indictment, to imprisonment for a term not exceeding two years or a
fine (or both);and (in either case) is liable on summary convic�on to a further fine not
exceeding level 1 on the standard scale for each day on which the default con�nues a�er
the ini�al convic�on.

htps://www.legisla�on.gov.uk/ukpga/2022/30/part/4/crossheading/du�es-rela�ng-to-informa�on-
and-documents/enacted

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Golden thread legisla�on and planned publica�ons

1. The powers to mandate the golden thread can be found in clauses 32 (sec�on 1D), 88, 89 and 90
of the Building Safety Bill which is currently in Parliament. These clauses lay out the high-level
requirement that a golden thread must be put in place for all buildings in scope of the new more
stringent regime. MHCLG will be publishing more detailed requirements in secondary legisla�on
(regula�ons), which will be supported by guidance (see 2.13).

2. MHCLG plans to consult on the golden thread secondary legisla�on and guidance in due course.

3. Golden thread in legisla�on.

Primary Legisla�on
The Building Safety Bill: Clauses 32 (sec�on 1D), 88, 89 and 90 put a legal duty on dutyholders and
Accountable Persons to create, obtain, store and share documents and informa�on about their
building, in a prescribed format.

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Secondary Legisla�on
Golden Thread Regula�ons: Regula�ons will define the principles the dutyholder or Accountable
Person must follow in maintaining and storing their golden thread informa�on. They will also define
the informa�on, data and documents that should be stored in the golden thread. This informa�on
will be created through other processes in the new regime e.g. the gateways, safety case and
resident strategy.

Guidance
Golden Thread Guidance: Guidance on implemen�ng the golden thread will sit underneath the
regula�ons. It will lay out a best prac�se approach to crea�ng and maintaining a golden thread. It
will provide dutyholders and Accountable Persons with a prac�cal way to meet the legal du�es
placed upon them by the primary and secondary legisla�on. The guidance will also show how
relevant exis�ng standards can be applied specifically to buildings in scope of the new more stringent
regime for the purpose of mee�ng golden thread requirements.

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Golden thread defini�on

Summary
The golden thread is both the informa�on that allows you to understand a building and the steps
needed to keep both the building and people safe, now and in the future.

Full defini�on
1. The golden thread will hold the informa�on that those responsible for the building require to:
• show that the building was compliant with applicable building regula�ons during its construc�on
and provide evidence of mee�ng the requirements of the new building control route throughout
the design and construc�on and refurbishment of a building
• iden�fy, understand, manage and mi�gate building safety risks in order to prevent or reduce the
severity of the consequences of fire spread or structural collapse throughout the life cycle of a
building

2. The informa�on stored in the golden thread will be reviewed and managed so that the
informa�on retained, at all �mes, achieves these purposes.

3. The golden thread covers both the informa�on and documents and the informa�on
management processes (or steps) used to support building safety.

4. The golden thread informa�on should be stored as structured digital informa�on. It will be
stored, managed, maintained and retained in line with the golden thread principles (see below).
The government will specify digital standards which will provide guidance on how the principles
can be met.

5. The golden thread informa�on management approach will apply through design, construc�on,
occupa�on, refurbishment and ongoing management of buildings. It supports the wider changes
in the regime to promote a culture of building safety.

6. Building safety should be taken to include the fire and structural safety of a building and the
safety of all the people in or in the vicinity of a building (including emergency responders).

7. Many people will need to access the golden thread to update and share golden thread
informa�on throughout a building’s lifecycle, including but not limited to building managers,
architects, contractors and many others. Informa�on from the golden thread will also need to be
shared by the Accountable Person with other relevant people including residents and emergency
responders.

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The golden thread principles

1. Accurate and Trusted: the dutyholder/Accountable Person/Building Safety Managers and other
relevant persons (e.g. contractors) must be able to use the golden thread to maintain and
manage building safety and ensure compliance with building regula�ons. The Regulator should
also be able to use this informa�on as part of their work to assess the compliance with building
regula�ons, the safety of the building and the operator’s safety case report, including suppor�ve
evidence, and to hold people to account. The golden thread will be a source of evidence to show
how building safety risks are understood and how they are being managed on an ongoing basis.
The golden thread must be accurate and trusted so that relevant people use it. The informa�on
produced will therefore have to be accurate, structured, and verified, requiring a clear change
control process that sets out how and when informa�on is updated and who should update and
check the informa�on.

2. Residents feeling secure in their homes: residents will be provided informa�on from the golden
thread – so that they have accurate and trusted informa�on about their home. This will also
support residents in holding Accountable Persons and Building Safety Managers to account for
building safety. A properly maintained golden thread should support Accountable Persons in
providing residents the assurance that their building is being managed safely.

3. Culture change: the golden thread will support culture change within the industry as it will
require increased competence and capability, different working prac�ces, updated processes and
a focus on informa�on management and control. The golden thread should be considered an
enabler for beter and more collabora�ve working.

4. Single source of truth: the golden thread will bring all informa�on together in a single place
meaning there is always a ‘single source of truth’. It will record changes (i.e. updates, addi�ons or
dele�ons to informa�on, data, documents and plans), including the reason for change,
evalua�on of change, date of change, and the decision-making process. This will reduce the
duplica�on of informa�on (email updates and mul�ple documents) and help drive improved
accountability, responsibility and a new working culture. Persons responsible for a building are
encouraged to use common data environments to ensure there is controlled access to a single
source of truth.

5. Secure: the golden thread must be secure, with sufficient protocols in place to protect personal
informa�on and control access to maintain the security of the building or residents. It should
also comply with current GDPR legisla�on where required.

6. Accountable: the golden thread will record changes (i.e. updates, addi�ons or dele�ons to
informa�on, data, documents and plans), when these changes were made, and by who. This will
help drive improved accountability. The new regime is se�ng out clear du�es for dutyholders
and Accountable Person for maintaining the golden thread informa�on to meet the required
standards. Therefore, there is accountability at every level – from the Client/Accountable Person
to those designing, building or maintaining a building.

7. Understandable/consistent: the golden thread needs to support the user in their task of
managing building safety and compliance with building regula�ons. The informa�on in the
golden thread must be clear, understandable and focused on the needs of the user. It should be

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presented in a way that can be understood, and used by, users. To support this,
dutyholders/Accountable person should where possible make sure the golden thread uses
standard methods, processes and consistent terminology so that those working with mul�ple
buildings can more easily understand and use the informa�on consistently and effec�vely.

8. Simple to access (accessible): the golden thread needs to support the user in their task of
managing building safety and therefore the informa�on in the golden thread must be accessible
so that people can easily find the right informa�on at the right �me. This means that the
informa�on needs to be stored in a structured way (like a library) so people can easily find,
update and extract the right informa�on. To support this the government will set out guidance
on how people can apply digital standards to ensure their golden thread meets these principles.

9. Longevity/durability and shareability of informa�on: the golden thread informa�on needs to be

formated in a way that can be easily handed over and maintained over the en�re life�me of a
building. In prac�cal terms, this is likely to mean that it needs to align with the rules around open
data and the principles of interoperability – so that informa�on can be handed over in the future
and s�ll be accessed. Informa�on should be able to be shared and accessed by contractors who
use different so�ware and if the building is sold the golden thread informa�on must be
accessible to the new owner. This does not mean everything about a building and its history
needs to be kept, the golden thread must be reviewed to ensure that the informa�on within it is
s�ll relevant and useful.

10. Relevant/propor�onate: preserving the golden thread does not mean everything about a
building and its history needs to be kept and updated from incep�on to disposal. The objec�ve
of the golden thread is building safety and therefore if informa�on is no longer relevant to
building safety it does not need to be kept. The golden thread, the changes to it and processes
related to it must be reviewed periodically to ensure that the informa�on comprising it remains
relevant and useful.

htps://www.gov.uk/government/publica�ons/building-regula�ons-advisory-commitee-golden-
thread-report/building-regula�ons-advisory-commitee-golden-thread-report#fn:1

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HSE Guidnace
Storing your building's informa�on – the golden thread
This guidance is for anyone responsible for a building’s informa�on throughout its life cycle. This
includes, building companies, principal designers and principal contractors, and local authori�es.

The informa�on you will need to manage

Your building’s informa�on must be:
• kept digitally.
• kept securely.
• a building's single source of truth.
• available to people who need the informa�on to do a job.
• available when the person needs the informa�on.
• presented in a way that person can use.
• The informa�on you will need to keep.
• The informa�on you keep must be propor�onate and will depend on what stage the building is
at in its life. If you keep too much informa�on, it might be difficult to find the informa�on you
need when it is needed.

While the building is being designed and built you will need to keep informa�on that describes the
building and shows how it complies with building regula�ons.

When the building is lived in (occupied) you will need to keep informa�on that shows how you are
assessing and managing the building safety risks.

htps://www.hse.gov.uk/building-safety/golden-thread.htm

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New buildings: planning, design, construc�on

Planning applica�ons
HSE is a statutory consultee for planning applica�ons that involve or may involve a relevant building.
As part of your planning applica�on to the local planning authority, you will need to show that you
have:
• considered fire safety needs relevant to land use planning for the proposed building.
• considered these needs at an early stage.
• incorporated your thinking into your planning applica�on.
• HSE provides local planning authori�es with fire safety input on proposals.

Examples of fire safety needs relevant to land use planning include:

• site layout.
• water supplies for figh�ng fires.
• access for fire services.

Developers can get pre-applica�on advice about fire safety and land use planning.
As part of the building safety reforms, the Building Safety Regulator (BSR) will be the building control
authority for high-rise buildings.

Design and construc�on

The building safety reforms introduce decision points during the building's design, construc�on and
comple�on.
The Building Safety Regulator (BSR) will become the building control authority for high-rise buildings.
Applicants will no longer be able to choose their building control body. BSR will assess whether duty
holders are considering both:
• building safety.
• regulatory compliance.

BSR will have a range of new enforcement powers throughout the design and construc�on of a
development.

Design
Building safety risks will need to be considered from the ini�al design phase so that buildings are:

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• safe to use or live in.

• safe to build.

Before building work starts

Before star�ng any building work, applicants will need to submit a design applica�on to BSR. The
applica�on will include informa�on that shows how the design will:
• meet the building regula�ons.
• manage change control.
• help duty holders meet legal requirements, including on:
o competence.
o golden thread of informa�on about the building.

The applica�on will need to show the assump�ons that have been made about the occupied building
once built. Any assump�ons and proposals must be reasonable and jus�fied.

During construc�on
Building work must not start un�l approved by BSR.
There will be ongoing requirements, including:
• site inspec�ons at key milestones.
• repor�ng certain occurrences.
• managing change.
• iden�fying and storing the golden thread of key informa�on about the building.

Some changes in design may need further approval from BSR before works can proceed.

When the building is completed

At comple�on, BSR will:
• assess the applica�on against the building regula�ons.
• undertake final inspec�ons of the completed building work.
• assess the documents to be given to the building owner.

On approval, BSR will issue a comple�on cer�ficate.

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Before occupa�on
A�er a comple�on cer�ficate is issued, the building will need to be registered. An applica�on to
register the building should be made to BSR.
Residen�al units must not be occupied un�l the building is registered.
Developments that are built in stages.
Any proposals for phased construc�on or occupa�on should be agreed at the design stage.
Construc�on work should not start on a phase or stage without approval from BSR.

htps://www.hse.gov.uk/building-safety/planning.htm

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