If you've received a BSR improvement notice: You have 21 days to appeal (if you intend to). The notice sets out contraventions and a compliance deadline — typically 28 days minimum. Do not ignore it. Failure to comply is a criminal offence carrying an unlimited fine and up to 2 years in custody.
What is a BSR improvement notice?
Under s.120 of the Building Safety Act 2022, the Building Safety Regulator can issue an improvement notice to any person who fails to comply with their building safety duties in relation to a Higher-Risk Building (HRB).
The notice will specify:
- The contravention(s) identified
- The action required to remedy each contravention
- The compliance period (minimum 28 days for most contraventions; 14 days where there is a serious risk)
- Your right to appeal within 21 days
Common triggers include: failure to maintain or update the Building Safety Case, missing or lapsed fire risk assessments, failure to report Mandatory Occurrences within 10 working days, non-compliant fire doors, or failure to establish a Resident Engagement Strategy.
Who can receive an improvement notice?
BSR can issue notices to any person with duties under the Building Safety Act — including the Principal Accountable Person (PAP), Accountable Persons (APs), Building Safety Managers (BSMs), and duty holders during construction (Principal Contractors, Principal Designers).
Crucially, directors of the company holding the AP role can be personally liable if the company's failure to comply arises from their consent, connivance or neglect — under s.37 of the Health and Safety at Work etc. Act 1974 as applied to BSA 2022 offences.
Your options when you receive a notice
Option 1: Comply — the right choice in most cases
If the contraventions identified are accurate and the required actions are reasonable, the best response is usually to comply as quickly as possible — even before the deadline. Proactively communicating your compliance programme to BSR demonstrates good faith and significantly reduces the risk of prosecution if complications arise.
Option 2: Appeal — within 21 days
You can appeal to the First-tier Tribunal (FtT) within 21 days of service. Filing an appeal automatically suspends the notice — meaning you do not need to comply during the appeal period. However:
- The grounds of appeal are limited: notice defective on its face; requirements are unreasonable or unnecessary; works already remediated
- FtT proceedings typically take 3–9 months from application to decision
- You will need to prepare an evidence bundle: building survey, expert reports, programme evidence
- A weak appeal may result in the FtT upholding the notice and awarding costs against you
Option 3: Request an extension
BSR can extend the compliance period on request. This is often the best practical route if the works required are genuinely complex or supply chain lead times are an issue. Contact BSR's compliance team directly, explain the programme, and request a formal extension in writing.
DCS tip: In our experience, BSR responds positively to APs who engage proactively, provide a credible programme, and demonstrate competent management. Silence and avoidance are what trigger escalation to prosecution.
Step-by-step: what to do in the first 72 hours
- 1
Read the notice carefully
Identify every contravention specified. Note the compliance deadline and the appeal deadline (21 days from service). Confirm the notice is addressed to the correct legal entity.
- 2
Appoint a specialist adviser
You need someone who understands both the BSA 2022 legal framework and the practical compliance actions required. A building safety consultant or specialist QS firm (such as DCS) is typically more effective than a general solicitor at this stage.
- 3
Assess whether to appeal
Be honest about the grounds. If the contraventions are accurate and the works required are reasonable, appealing will delay the process and may make things worse. Reserve appeals for where the notice is genuinely wrong or the requirements are disproportionate.
- 4
Prepare a compliance programme
Draft a realistic programme for completing each required action. Get contractor quotes. Confirm timescales. If the compliance period is too short, request an extension with your programme attached.
- 5
Communicate with BSR
Write to the compliance inspector who issued the notice. Acknowledge receipt. Confirm you are taking action. Provide your compliance programme. This proactive engagement is often sufficient to prevent escalation.
What happens if you don't comply?
Failure to comply with an improvement notice is a criminal offence under s.120 BSA 2022. The penalties are:
| Offence | Maximum penalty |
|---|---|
| Failure to comply with improvement notice (s.120) | Unlimited fine + up to 2 years custody |
| Obstruction of BSR inspector (s.38) | Unlimited fine |
| Failure to register HRB or maintain Safety Case (s.96) | Unlimited fine + up to 2 years custody |
| Corporate offence with director connivance (s.37 HSWA) | Personal criminal liability for directors |
Beyond criminal prosecution, non-compliance can trigger a prohibition notice (s.121 BSA 2022) — which can prohibit occupation of part or all of the building immediately. For a landlord or fund manager, that means forced decant of residents, loss of rental income, and reputational damage on top of the legal proceedings.
Prohibition notices — the escalated step
Where BSR identifies an immediate risk to life, it can issue a prohibition notice without going through the improvement notice stage first. Prohibition notices:
- Take immediate effect (unlike improvement notices, an appeal does NOT suspend them)
- Can prohibit use of the entire building or specific areas (floors, flats, common areas)
- Require application to the FtT for suspension pending appeal
- Result in the AP bearing all costs of decanting residents
If you receive a prohibition notice, you need specialist advice within hours, not days.
What about remediation orders?
Separate from BSR enforcement, leaseholders and residents can apply to the First-tier Tribunal for a Remediation Order under s.123 BSA 2022 — requiring the landlord to fix specified defects. There is no fixed limitation period for applications. And under s.124, the FtT can order a developer or associated company to pay for remediation — even if they no longer own the building.
These are civil proceedings separate from BSR enforcement, but they often run in parallel.
DCS Enforcement Response Service
Improvement notice received? We can be appointed within 48 hours. We'll review the notice, advise on response strategy, prepare your compliance programme, and manage BSR communications through to resolution.
Enforcement Response — from £1,200/day Talk to us today