As the regulatory landscape for property management continues to evolve under the Building Safety Act 2022, the importance of Structural Risk Assessments (SRAs) is taking centre stage. For the first time, the Building Safety Regulator (BSR) has delayed issuing a Building Assessment Certificate for a higher risk building (HRB) due to the absence of an SRA, marking a turning point in how structural risks are scrutinised and managed.
Section 83 (S.83) of the Building Safety Act 2022 establishes a framework requiring building owners to manage and mitigate risks associated with the safety of Higher-Risk Buildings (HRBs). The legal requirement to assess risks of structural failure is derived from the broader duty imposed under S.83 and interpreted through associated regulations and guidance.
“Don’t assume your fire risk assessment will be all you need to meet the duty under S.83” – Building Safety Regulator, February 2025
S.83 places a duty on the accountable person for an HRB to:
“Assess the building safety risks” which are defined in Section 62 of the Act “the spread of fire;” and “structural failure”.
Whilst property professionals are well used to assessing the risks associated with fire, there is less awareness of the requirements for the assessment of structural risks.
The requirement to “ensure the safety of the building” inherently includes the prevention of structural collapse or significant structural damage that could endanger occupants. Therefore, the duty implies the need for a robust assessment process to identify and mitigate risks that could lead to such failures.
The interpretation and application of this broad duty are further clarified through other sections of the Act and related guidance published by the BSR. The Act does not prescribe a specific methodology for assessing structural failure risk, but the accountable person is expected to adopt a reasonably practicable approach. This approach should consider:
🔸 The nature of the building: The assessment’s scope and depth should be tailored to the specific characteristics of the HRB. The age, construction methods, materials used, and history of the building all influence the potential for structural failure and the necessary level of investigation.
🔸 Relevant legislation and standards: The assessment must adhere to relevant building regulations and British Standards related to structural engineering, ensuring compliance with legal requirements and best practices in the field.
🔸 Available information: The assessment should leverage all available information, including architectural plans, construction records, previous inspection reports, and any indications of previous structural issues.
🔸 Expert consultation: Depending on the complexity of the building and any identified concerns, the accountable person may need to consult with suitably qualified structural engineers to undertake a comprehensive assessment.
Therefore, the duty to ensure building safety necessitates a thorough evaluation of risks that could lead to structural failure. This evaluation should be undertaken using a reasonably practicable approach, considering the specifics of the HRB, relevant standards and guidance, and potentially involving expert structural engineers.
Emphasis is placed on the importance of proactive risk management for safeguarding occupants and meeting the Act’s ambitious safety goals, and the interpretation of “reasonably practicable” is crucial; a simple visual inspection might be insufficient for an older or complex building. The BSR's guidance along with that provided by the Institute of Structural Engineers (IStructE) will help define the necessary level of detail and professional expertise required for each situation.
This decision sends a clear message to property professionals: SRAs are no longer optional for HRBs, they are essential. If your HRB property portfolio does not include a thorough structural risk assessment, you could be exposed to significant safety, compliance, financial, and reputational risks.
So, what does this mean for property owners and professionals? Let us explore why SRAs matter, what they entail, and how to ensure your buildings are fully compliant.
Why are Structural Risk Assessments critical?
Structural Risk Assessments are designed to evaluate a building's structural integrity, identifying potential weaknesses that could compromise building safety.
“Structural Risk Assessments are vital because they safeguard lives and investments. By identifying vulnerabilities in buildings and infrastructure at an early stage, they prevent catastrophic failures before they occur. These assessments ensure compliance with safety standards, enhance resilience against natural disasters, and minimise costly repairs. Ignoring structural risks can lead to devastating consequences, from financial loss to human casualties.”
David Hills (FRICS, FIIRSM, MIFireE, MSFPE, RSP)
Senior Director - Regulatory, Technical & Technology Solutions, Ark Workplace Risk
It comes as no surprise, therefore, that the Regulator is focusing on structural risks, as well as fire risks, as both are essential elements of what constitutes a building safety risk as defined in the Act. In fact, Ark Workplace Risk has been preparing for such circumstances for many years; developing key internal competency and infrastructure to collaborate with clients to maintain the structural safety of their buildings.
Regulatory pressure is mounting
The Building Safety Act 2022 (BSA) introduced new obligations for HRBs, requiring building owners to demonstrate a proactive approach to managing risks, including structural risks. The recent delay in issuing a Building Assessment Certificate highlights the increasing enforcement power of the BSR and its focus on the requirements of the Act.
The BSA’s emphasis on accountability further strengthens the case for the criticality of SRAs. The introduction of the BSR and its enforcement powers underscores the government's commitment to preventing future tragedies. The BSR’s ability to issue fines, prohibition notices, and even prosecute those responsible for non-compliance highlights the legal and regulatory imperative for completing thorough SRAs. The delays in issuing Building Assessment Certificates due to missing or inadequate SRAs provide clear evidence of the regulator's commitment to prioritising structural safety.
The BSA’s core objective is to prevent future tragedies by shifting the focus from reactive responses to proactive risk management. Before the Act, a reactive approach often dominated, responding to issues only after failures occurred, leading to devastating consequences. The Grenfell Tower fire, for instance, exposed systemic failings in fire safety and, indirectly, highlighted potential interconnected vulnerabilities in structural design and materials that exacerbated the disaster. The BSA directly addresses this reactive model by explicitly mandating a proactive approach, with SRAs as a cornerstone of this shift.
Non-compliance with the BSA comes with profound consequences, including:
🔸 Loss of Life: Structural collapse or failure can result in fatalities and serious injuries.
🔸 Loss of Certification: Without a Building Assessment Certificate for a HRB, owners may struggle to legally operate or lease their properties.
🔸 Reputational Damage: Tenants and stakeholders demand transparency and safety assurances.
🔸 Fines and Penalties: Failure to conduct a SRA could result in hefty fines.
The cost of non-compliance: A real-world example
The Building Safety Regulator’s recent decision to delay issuing a Building Assessment Certificate due to the lack of a SRA is a warning sign for the property industry. While specific details about the case remain confidential, it serves as a clear example of the consequences property owners and professionals may face when structural risks are not adequately addressed.
Imagine managing a high-rise building and being told you cannot obtain your Building Assessment Certificate, which by law has to be made available to residents and occupiers on request, because you haven’t adequately assessed the structural building safety risks. Not only would this disrupt operations, but it could also impact resident relationships and trust.
What does a Structural Risk Assessment involve?
A Structural Risk Assessment is a comprehensive process that identifies and evaluates potential structural hazards within HRBs. The key steps as recommended by the IStructE include:
1. Desktop review: Analysing existing documentation where available, such as original design plans, inspection reports, and details of any previous modifications.
2. Identification of potential weaknesses: Additionally, the review will consider industry opinion of expected or potential construction defects and arrangements, along with local area conditions including soil type and condition.
3. Visual inspections: On-site reviews to assess and determine any visible structural issues, such as cracks, deflections, or corrosion.
4. Risk assessment (incl. recommendations and action plans): A detailed report outlining the risks relating to the building, areas of concern and the necessary remedial actions.
These assessments are particularly critical in:
🔸 Older buildings – which were subject to older design codes which had lower factors of safety; or
🔸 Properties with unique construction techniques or materials– where different types of construction techniques have various known defects or issues or where testing of materials has over time proven to questionable.
The benefits of proactive Structural Risk Management
Conducting SRAs is not just about compliance, it’s about ensuring the safety of residents, protecting your reputation, and safeguarding your investment. Proactive risk management offers:
🔸 Enhanced Safety: Identifying and mitigating structural risks reduces the likelihood of incidents and ensures resident well-being.
🔸 Operational Continuity: Maintaining compliance avoids costly delays and interruptions to building operations.
🔸 Futureproofing: By addressing structural risks now, property owners can prepare for potential regulatory changes and avoid last-minute and costly expenses.
Are you prepared for the future of compliance?
Structural Risk Assessments can no longer be an afterthought, they are a necessity in today’s regulatory environment for HRBs. The recent delay in issuing a Building Assessment Certificate is just the beginning of increased scrutiny on structural risks.
Do not wait for non-compliance to become a problem, ensure your buildings are safe, compliant, and ready today.
If you would benefit from a bespoke Executive Briefing for you and your team to understand the requirements around Structural Risk Assessments, please leave your contact details below: