Building Safety Act Penalties and Non-Compliance: What You Risk and How to Stay Compliant

TL;DR: The Building Safety Act 2022 creates criminal offences for building managers who fail to meet their obligations, with penalties including unlimited fines and up to two years' imprisonment. But prosecution is the BSR's last resort, not its first response. The Building Safety Regulator follows a graduated enforcement approach -- guidance, then compliance notices, then remediation orders, then prosecution. If you are making genuine efforts to comply, you are unlikely to face the most severe sanctions.

See how Brocade helps you manage building safety compliance -->

#The Penalties: What the Act Actually Says

The Building Safety Act 2022 establishes a range of criminal offences in sections 98 to 104. Understanding what each offence covers helps you focus your compliance efforts on what matters most.

The Building Safety Act 2022 creates criminal offences carrying unlimited fines and up to two years' imprisonment for the most serious breaches, including failure to comply with duties where there is a risk of death or serious injury.

— Building Safety Act 2022, ss.98-104

Two things stand out. First, the fines are unlimited for every offence. There is no upper cap. Second, imprisonment is reserved for the most serious offences -- providing false information to the regulator and obstructing its work. The legislation draws a clear line between failing to comply (which carries fines) and actively deceiving or obstructing the regulator (which carries custodial sentences).

#Beyond criminal penalties: civil enforcement

Criminal prosecution is not the only enforcement tool. The BSA also gives the BSR civil enforcement powers that can be applied before any criminal proceedings:

• Compliance notices (section 97) -- requiring specific actions within a set timeframe
• Special measures (sections 103A-103M) -- the BSR can appoint a special measures manager to take over safety management of a building
• Financial penalties -- the BSR can impose financial penalties as an alternative to prosecution for certain offences

These civil tools exist because the BSR recognises that compliance, not punishment, is the goal. A compliance notice that forces you to fix a problem achieves more than a prosecution that punishes you after the damage is done.

#How the BSR Actually Enforces: The Escalation Approach

If you have been anxious about the penalties listed above, this section should reassure you. The BSR does not open with prosecution. It follows a graduated enforcement approach that gives building managers opportunities to correct problems before facing the most serious sanctions.

The Building Safety Regulator follows a graduated enforcement approach: engagement and guidance first, compliance notices second, remediation orders third, and prosecution only as a last resort.

#Stage 1: Engagement and guidance

The BSR's first step is always to engage with the accountable person. This includes publishing guidance, providing advice during assessments, and identifying areas where improvement is needed. Most compliance issues are resolved at this stage.

#Stage 2: Compliance notices

If engagement does not resolve the issue, the BSR can issue a compliance notice under section 97. A compliance notice is a formal document that:

• Specifies the duty the accountable person is contravening (or is likely to contravene)
• States the steps required to remedy the contravention
• Sets a reasonable timeframe for compliance

A compliance notice is a warning with instructions. It tells you exactly what is wrong, exactly what to do about it, and how long you have to do it. This is not adversarial -- it is the regulator telling you what needs to happen.

#Stage 3: Further enforcement action

If a compliance notice is ignored or inadequately addressed, the BSR can escalate to remediation orders, special measures, or prosecution. At this stage, the building manager has been told what is wrong, told how to fix it, given time to fix it, and chosen not to act. The escalation is proportionate.

#What this means for you

The escalation approach means that if you are engaging with the BSR, responding to their feedback, and making genuine efforts to improve your building's safety management, you are extremely unlikely to face prosecution. The building managers at risk are those who ignore registration deadlines, refuse to engage with the BSR, or deliberately provide false information.

Understanding how the BSR conducts its assessments can help you prepare. Our guide to the BSR assessment process walks through what to expect and how to demonstrate compliance during a building assessment.

Read the complete Building Safety Act guide for building managers -->

#Real BSR Enforcement: What Has Happened So Far

The BSR has been operational since April 2023 and has been progressively exercising its enforcement powers. Understanding how the regulator has acted in practice gives you a clearer picture of what to expect.

#Building registration enforcement

The BSR set an initial deadline for higher-risk building registration and has followed up with building owners who failed to register. The regulator has used its powers to identify unregistered buildings and contact responsible persons, issuing formal notifications requiring registration. The GOV.UK register of higher-risk buildings provides the current registration process and requirements.

#Building Assessment Certificate process

The BSR has begun accepting Building Assessment Certificate (BAC) applications and conducting assessments of higher-risk buildings. During these assessments, the BSR reviews safety case reports, Golden Thread documentation, resident engagement strategies, and mandatory occurrence reporting systems. Where deficiencies are identified, the BSR works with accountable persons to address them before considering enforcement action.

#Compliance notice issuance

The BSR has indicated it will use compliance notices as its primary enforcement tool for accountable persons who are not meeting their duties. The HSE's enforcement approach outlines the principles the BSR follows, which are consistent with the graduated approach described above.

The key pattern across all enforcement activity so far is consistency with the graduated approach: the BSR engages first, uses formal notices to drive compliance, and reserves prosecution for the most serious cases.

The government is also introducing a building safety levy on new higher-risk building developments to fund remediation of historical building safety defects -- a further indication of the regulatory direction of travel.

#A Practical Scenario: Receiving a Compliance Notice

You receive a compliance notice from the BSR. It states that your building's mandatory occurrence reporting system does not meet the requirements of section 87 of the Building Safety Act 2022. Specifically, the BSR found during a routine assessment that your building has no documented process for identifying and reporting safety occurrences, no training records for staff, and no occurrence register.

The notice gives you 28 days to establish a compliant reporting system and provide evidence to the BSR.

Here is how you respond:

Week 1: Establish a written procedure for identifying, recording, and reporting mandatory occurrences. Create an internal reporting form. Designate a named contact for occurrence reports.

Week 2: Brief all building staff and key contractors on the new procedure. Record attendance and content of the briefing. Issue the one-page reference card of reportable occurrence examples.

Week 3: Set up an occurrence register (even if it currently has zero entries). Document your assessment protocol for deciding whether an internal report meets the BSR threshold. Test the system with a tabletop exercise.

Week 4: Submit your evidence to the BSR: the written procedure, training records, reporting form, occurrence register, and confirmation of the named contact. Include a brief statement explaining how the system will operate going forward.

This scenario illustrates the BSR's approach in action. The compliance notice identified a specific gap. You had time to address it. You addressed it. The matter is resolved without prosecution, without fines, and without a criminal record. The system worked as intended.

#The Due Diligence Defence: Your Safety Net

Section 101(4) of the Building Safety Act 2022 provides a crucial protection. If you are charged with an offence under section 101 (failure to comply with accountable person duties), it is a defence to prove that you took "all reasonable steps" to comply.

Section 101(4) of the Building Safety Act provides a statutory defence for Accountable Persons who can prove they took all reasonable steps to comply with their duties.

— Building Safety Act 2022, s.101(4)

This is not a theoretical protection. It is a practical one -- but only if you have the evidence to prove it. "All reasonable steps" means:

• Documented safety management systems. Written procedures for inspections, maintenance, fire door checks, occurrence reporting, and resident engagement
• Evidence of action. Inspection records, contractor work orders, remedial action completion records, training logs
• Professional advice. Records of advice sought from fire safety professionals, structural engineers, and other competent persons
• Continuous improvement. Evidence that when issues were identified, you acted on them -- you did not just record them and move on
• Resident engagement. Records showing you shared safety information with residents and considered their concerns

The due diligence defence rewards building managers who take compliance seriously and document their efforts. It does not protect those who do nothing and hope for the best.

#How to Protect Yourself: A Compliance Checklist

Based on the offences in sections 98-104, here is what you need to have in place:

Registration and certification:

• Building registered with the BSR (section 98)
• Building Assessment Certificate application submitted or scheduled (section 99)
• Any BAC conditions documented and being actively managed (section 100)

Safety management:

• Safety case report completed and maintained
• Golden Thread of building safety information maintained and accessible
• Mandatory occurrence reporting system operational with documented procedures
• Fire door inspection programme with documented evidence
• Fire risk assessment up to date with actions tracked to completion
• Resident engagement strategy in place

Evidence and documentation:

• All safety management activities documented with dates, names, and outcomes
• Inspection and maintenance records accessible and organised
• Training records for staff and contractors
• Professional advice documented and acted upon
• Audit trail from issue identification through to resolution

Engagement with the BSR:

• Responding to all BSR communications within required timeframes
• Cooperating with BSR assessments and inspections
• Providing accurate, truthful information in all submissions

See how Brocade tracks all compliance requirements in one place -->

#Frequently Asked Questions

#What are the penalties for non-compliance with the Building Safety Act?

The Building Safety Act 2022 creates criminal offences carrying unlimited fines and, for the most serious offences, up to two years' imprisonment. Sections 98 to 104 establish offences including failure to register a higher-risk building, failure to apply for or comply with a Building Assessment Certificate, failure to comply with accountable person duties where there is a risk of death or serious injury, and obstruction of the Building Safety Regulator.

#Can building managers go to prison under the Building Safety Act?

Yes. The most serious offences under the Building Safety Act carry imprisonment of up to two years. These include providing false or misleading information to the BSR (section 103), obstructing the regulator (section 104), and certain failures to comply with duties where the failure involves a risk of death or serious injury. However, imprisonment is reserved for the most egregious cases -- the BSR's enforcement approach prioritises compliance over prosecution.

#How does the Building Safety Regulator enforce the Act?

The BSR follows an escalation approach. It starts with engagement and guidance, then progresses to compliance notices under section 97 requiring specific actions within a set timeframe. If compliance notices are not followed, the BSR can issue remediation orders or take prosecution action. This graduated approach means building managers who are making genuine efforts to comply are unlikely to face the most severe sanctions.

#What is a compliance notice under the Building Safety Act?

A compliance notice is a formal enforcement tool under section 97 of the Building Safety Act 2022. The BSR issues a compliance notice when an accountable person is contravening, or is likely to contravene, their duties. The notice specifies what steps must be taken and the timeframe for compliance. Failure to comply with a compliance notice is a criminal offence carrying an unlimited fine.

#Is there a defence if you fail to comply with Building Safety Act duties?

Yes. Section 101(4) of the Building Safety Act provides a due diligence defence. If you can prove you took all reasonable steps to comply with your duties, this is a defence against prosecution. This means maintaining documented evidence of your safety management systems, inspection records, risk assessments, and remedial actions is critical -- it is your evidence that you took compliance seriously.

#Further Reading

• Building Safety Act 2025 Update -- what changed in the previous year
• The Building Safety Act 2022: A Complete Guide for Building Managers -- comprehensive overview of all BSA obligations
• Fire Door Inspection Requirements: What to Document and How to Evidence Compliance -- documented inspections as due diligence evidence
• Accountable Person Duties Under the Building Safety Act -- understanding your legal responsibilities
• Building Assessment Certificate Guide: How to Prepare Your Application -- preparing for BSR assessment
• Mandatory Occurrence Reporting: What Building Managers Must Report and When -- meeting your reporting obligations
• BSA Compliance Checklist -- check your compliance across all BSA requirements
• What Is a Building Safety Case and Why Does Your Building Need One? -- your safety case as compliance evidence
• Building Safety Act 2022, Part 4: Higher-Risk Buildings (full text) -- primary legislation
• HSE: Building safety enforcement -- BSR enforcement principles
• Higher-Risk Buildings: Definition and Criteria -- which buildings fall under the BSA regime
• Golden Thread in Practice -- building the audit trail that demonstrates due diligence
• Resident Engagement Strategy -- fulfilling your engagement obligations
• Safety Case Report Guide -- preparing your Safety Case Report for BSR submission

This article is for informational purposes. For building-specific advice, consult a qualified fire safety professional.

Stay ahead of compliance deadlines -- get regulatory updates delivered monthly