BSA 2022 · ACCOUNTABLE PERSON · ENFORCEMENT

Building Safety Act compliance — before BSR comes to you

Expert advisory for Accountable Persons, institutional landlords and fund managers. Safety case reviews, AP compliance audits, enforcement response, and FtT support — from independent specialists who know the legislation inside out.

Discuss Your Building Gateway 2 Review from £750

BSR enforcement is accelerating. The Building Safety Regulator has issued improvement notices, conducted inspections across hundreds of Higher-Risk Buildings, and expanded its enforcement team. Non-compliant Accountable Persons face unlimited fines, prosecution, and personal director liability. If you haven't reviewed your Building Safety Case in the last 12 months, you may already be at risk.

Who this is for

🏢 Accountable Persons & PAPs

Freeholders, RPs, housing associations and BTR operators managing Higher-Risk Buildings with duties under BSA 2022 ss.72–99.

🏦 Fund Managers & Investors

Institutional investors acquiring residential assets. Due diligence before exchange — or inherited compliance gaps after completion.

⚠️ APs Facing Enforcement

Improvement notice issued. BSR inspection imminent. FtT proceedings started. You need specialist support to respond effectively.

🔨 Developers (New-Build HRBs)

Gateway 2 and Gateway 3 programme management. Change control. Golden Thread at handover. Defective Premises Act liability assessment.

🏘️ Managing Agents

Instructed by leaseholders or freeholders to investigate building safety. Need independent cost and compliance assessment.

⚖️ Solicitors & Barristers

Need independent QS evidence for FtT, TCC or remediation contribution order proceedings. Expert witness reports on remediation cost.

Services and fees

BSA Compliance Audit

From £5,000

Full independent review of your Building Safety Case, MOR procedures, Golden Thread and AP obligations. Gap report with prioritised action plan.

Building Safety Case Preparation

From £6,000

Draft or fully update your Safety Case to BSR requirements. ALARP demonstration, risk assessment, hazard schedule and BSR submission pack.

Enforcement Response

£1,200/day

Improvement notice received? We review the notice, advise on appeal grounds, prepare your compliance programme, and manage BSR communications.

FtT Advocacy Support

From £3,000

Prepare your FtT case, evidence bundle and expert statements. Prohibition notice appeals, remediation orders, and remediation contribution order responses.

Acquisition Due Diligence

From £8,000

Pre-exchange BSA 2022 due diligence. 14-point checklist review of Safety Case, Golden Thread, MOR log, enforcement history and BSR registration.

Expert Witness (QS)

From £5,000

Independent QS expert evidence on remediation cost for FtT or TCC proceedings. CPR Part 35 compliant reports.

The enforcement landscape — what you need to know

BSR PowerLegislationTriggerMaximum Penalty
Improvement Notices.120 BSA 2022Failure to meet building safety dutiesUnlimited fine + 2 years custody
Prohibition Notices.121 BSA 2022Immediate risk to life in buildingUnlimited fine if not complied with
Remediation Orders.123 BSA 2022FtT order to remedy relevant defectsCourt contempt if ignored
Remediation Contribution Orders.124 BSA 2022Developer/associated company liable for costsCourt order to pay
Special MeasuresSch.6 BSA 2022Persistent AP failureManagement taken from AP
Criminal Prosecutions.96 BSA 2022Failure to register / maintain Safety CaseUnlimited fine + 2 years custody

Director liability: Where a body corporate commits an offence under BSA 2022 with the consent, connivance or neglect of a director, officer or manager, that individual is personally guilty of the same offence. This means directors of PropCo SPVs and operating companies face personal criminal exposure — not just corporate fines.

How a BSA compliance audit works

Institutional acquisition — building safety due diligence

Every residential asset acquisition in the BTR/PBSA market now carries Building Safety Act liability from completion. The Accountable Person duties under s.72 BSA 2022 attach to the new owner immediately — including any compliance gaps left by the vendor.

Valuation impact: A building with an outstanding improvement notice or missing Safety Case can represent a 15–30% discount to value — and may trigger lender refusal. A complete, current Safety Case commands a premium. Our due diligence report gives your investment committee a clear quantified view of the risk.

📋 Worked example — Enforcement response for residential AP

A housing association received a BSR improvement notice: 17 non-compliant fire doors, outdated Building Safety Case, no MOR log. Three contraventions, 28-day compliance period.

DCS was appointed on day 3. We advised against appeal (grounds weak), agreed a realistic programme with BSR, and managed delivery: fire door replacement programme (£52,700 / 6 weeks), Safety Case update (DCS fee £8,000 / 4 weeks), MOR log implementation (DCS template, immediate).

BSR extended the compliance period by 8 weeks on DCS's request. Works completed. Notice withdrawn. No prosecution.

Total cost: DCS fees £12,500 + works £52,700 = £65,200. Alternative (prosecution): unlimited fine + reputational damage + potential prohibition notice and resident decant.

Extended liability — the Defective Premises Act 1972

BSA 2022 ss.135–137 extended the Defective Premises Act limitation period from 6 to 30 years for residential buildings completed after 28 June 1992. Claims that had already expired are revived. Developers who built between 1992 and 2022 may now face claims they believed were time-barred — with up to 30 years of exposure remaining.

DCS provides independent QS cost assessments for DPA claims, Building Safety Fund applications, and FtT Remediation Contribution Order proceedings. If you are a developer assessing your portfolio exposure, or a managing agent seeking to quantify remediation costs for a claim, we can help.

Why DCS

🎓 Oracle-depth BSR knowledge

Our advisers hold expert-level knowledge of BSA 2022, all associated SIs, PHPP-certified fire safety standards, and BSR enforcement practice. We know the legislation as well as you'd expect from a specialist regulatory barrister — at QS day rates.

💷 Costs expertise built in

Unlike law firms or compliance consultants, DCS combines regulatory depth with QS capability. We can tell you what the defect remediation will cost AND advise on how to comply most economically.

⚡ Fast turnaround

When BSR issues an enforcement notice, you have days, not weeks. Our team can mobilise within 48 hours for enforcement response work and work to your compliance deadline.

🔒 Independent, not conflicted

We are not the building's original contractor, designer or insurer. We have no prior relationship with BSR on your file. Our advice is independent and evidence-led.

Talk to us today

Whether you're preparing for a BSR inspection, responding to an enforcement notice, or acquiring a BTR portfolio — we can help. No commitment required for an initial call.

Get in touch