Building Safety Act 2022: AI-Assisted File Reviews

The Building Safety Act 2022 introduced significant new obligations for conveyancers handling transactions involving higherrisk buildings. The Act's requirements — building safety certificates, building assessment certificates, landlord certificates, and enhanced leaseholder protections — add complexity to transactions that were already among the most challenging in residential practice.

The BSA Compliance Landscape

The Building Safety Act applies primarily to buildings at least 18 metres tall or with at least seven storeys that contain two or more residential units. However, the Act's broader provisions on building safety, remediation, and leaseholder protections have implications beyond this threshold.

For conveyancers, the key compliance requirements include:

Building Safety Documentation

Qualifying buildings must have building safety documentation — including the building assessment certificate and any safety case report — that the conveyancer needs to obtain, review, and report on.

Landlord Certificates

The Act introduced requirements for landlord certificates confirming that the building meets safety requirements. Obtaining and verifying these certificates is an additional step in the conveyancing process.

Leaseholder Protections

The Act provides leaseholders with protections against bearing the cost of remediation work for qualifying defects. Conveyancers must understand these protections and advise clients on their implications.

Remediation Status

For buildings subject to remediation — whether through the Building Safety Fund, developer pledges, or other mechanisms — conveyancers must assess the current status, the implications for the buyer, and any ongoing obligations.

The Risk of Getting It Wrong

BSA compliance failures can have severe consequences. A conveyancer who fails to identify that a building is within the scope of the Act, or who does not obtain and review the necessary documentation, faces potential negligence claims — particularly if the buyer subsequently discovers building safety issues that should have been flagged.

The challenge is that BSA requirements are relatively new and continue to evolve through secondary legislation and guidance. Not all conveyancers are yet fully familiar with the requirements, and manual processes for checking BSA compliance are still being developed.

Practical example: A conveyancer handling the purchase of a flat in a sevenstorey building did not identify the building as qualifying under the BSA. No building safety documentation was obtained. Postcompletion, the buyer discovered that the building was subject to a remediation programme for cladding defects, with a potential leaseholder contribution that had not been disclosed.

How AI Supports BSA Compliance

AIpowered BSA checking tools provide structured support for these new obligations:

Building Identification

AI can assess property details against BSA qualifying criteria — height, number of storeys, number of residential units — and flag transactions that may fall within the Act's scope.

Documentation Checklist

For qualifying buildings, the AI generates a transactionspecific checklist of BSA documentation requirements, tracking which documents have been obtained, which are outstanding, and which require followup.

Risk Assessment

AI analyses available building safety information, identifying risk indicators such as pending remediation, unresolved building safety issues, or gaps in required documentation.

Lender Requirements

BSArelated lender requirements are crossreferenced with the file, ensuring that mortgage conditions relating to building safety are identified and addressed.

How LexSentinel Helps

LexSentinel's risk scanner incorporates BSA compliance checking as part of its structured file review. The system identifies qualifying buildings, generates BSAspecific checklists, and tracks compliance documentation throughout the transaction.

Frequently Asked Questions

Does the BSA apply to all residential buildings?

No. The Act's primary requirements apply to higherrisk buildings — those at least 18 metres tall or with at least seven storeys containing two or more residential units. However, broader provisions on building safety and leaseholder protections may apply more widely. AI tools can help identify which buildings fall within scope.

What if building safety documentation is not available?

If required BSA documentation cannot be obtained, this should be reported to the client and the lender. The conveyancer should advise on the implications and any steps that can be taken to mitigate risk. AI can flag the absence of required documentation as part of its compliance review.

How does BSA compliance interact with lender requirements?

Many lenders have specific requirements relating to building safety, particularly for properties in qualifying buildings. These requirements are typically set out in the lender's Part 2 handbook instructions. AI tools crossreference BSA requirements with lenderspecific conditions to ensure both are addressed.

Ensure BSA compliance on every qualifying file. Start your free trial today.