The golden thread was a cornerstone recommendation from Dame Judith Hackitt’s 2018 review of building regulations and fire safety. It became a legal requirement under the Building Safety Act 2022, compelling dutyholders and accountable persons to keep, maintain, and share key information throughout the lifecycle of a building.

The Construction Leadership Council (CLC) has issued essential guidance on the golden thread titled Delivering the Golden Thread: Guidance for Dutyholders and Accountable Persons, aimed at those involved in the design, construction, and management of higher-risk buildings (HRBs). This guidance offers clarity on the legal obligations introduced by the Building Safety Act 2022 (BSA 2022), helping dutyholders and accountable persons fulfil their responsibilities in a safe, reasonable, and proportionate manner. The guidance outlines the importance of this systematic approach, emphasising that the golden thread must be tailored to the specific characteristics of each building and its residents.

It is important to note that while the BSA 2022 currently defines a HRB as a building that is at least 18 metres in height (or has at least seven storeys) and contains at least two residential units, this definition is likely to change. The Inquiry has urged an urgent review, advocating that buildings housing vulnerable occupants, where evacuation in an emergency could be problematic, should also be classified as higher-risk. This means the golden thread may soon encompass a broader range of buildings, beyond the current height-based criteria.

The legal framework: duties of dutyholders and accountable persons

The BSA 2022 places specific legal duties on Dutyholders (as defined in Part 3 of the Act) and Accountable Persons (under Part 4). Those parties are required to keep, maintain, and manage the golden thread of information as described further below.

The CLC’s guidance clarifies the objective: “The aim of this document and the technical guidance is to assist dutyholders and accountable persons understand what they need to do to meet the new obligations for the golden thread in a safe, reasonable and proportionate manner.”

The guidance outlines the various responsibilities at different stages of the building process, emphasising that the golden thread is a continuous, lifelong obligation.

What is the golden thread?

At its core, the golden thread is a digital, live record that captures critical information about a building to support its safety. As stated in the guidance, “the golden thread provides the right people, the right information, at the right time to keep a building and those in and around it safe.”

The golden thread should be:

• Individual: tailored specifically to each building, taking into account its unique characteristics and the occupants’ needs.
• Bespoke: reflective of the building's design, construction, and management.
• Continuous: the golden thread is “for life”, beginning at the design phase and extending through construction, occupation, and refurbishment.

This approach ensures that key safety data is always accessible and updated to reflect the building’s current status, allowing owners, operators, and authorities to respond effectively to any safety concerns.

Golden thread for design and construction

The golden thread starts at the very inception of the building, with clear expectations for the design and construction phases. According to the CLC, during these stages, the golden thread must document:

• Design phase: information on “what is to be built and how the design, if built, will comply with the building regulations.” This ensures that the initial planning aligns with safety standards.
• Construction phase: records of “what is being/has been built and how the construction (and any changes to the approved design) comply with the building regulations.” This creates a detailed, real-time record of any modifications during the build process.
• Completion and handover phase: confirmation that the “completed building complies with building regulations” and a comprehensive, accurate record has been passed on to the responsible persons.

Golden thread for occupied higher-risk buildings

Once the building is occupied, responsibility for maintaining and updating the golden thread shifts to the Accountable Person. The golden thread, as described by the CLC, “will include the information about the building, details and outcomes of risk assessments, as well as the safety features within the building and management processes which ensure they remain effective.”

For new HRBs, this includes the information handed over at completion, which forms the foundation for ongoing safety management. The accountable person will use this data to develop the safety case report, a key document in ensuring the long-term safety of the building and its residents.

Changing definition of higher-risk buildings

The definition of HRBs is likely to expand following the Grenfell Tower Inquiry’s recommendations. The current height-based definition may soon be supplemented or replaced with a more risk-based approach, considering the nature of building use and the presence of vulnerable occupants. The Prime Minister has committed to responding to these recommendations within six months, and Parliament will be updated annually on progress.

Dutyholders and accountable persons should prepare for potential changes in the scope of HRBs and the resulting increase in regulatory obligations for buildings previously outside the current criteria.

Conclusion

The golden thread is more than a regulatory obligation; it is an essential tool for safeguarding the long-term safety of HRBs. By ensuring that accurate, up-to-date information is available throughout a building's lifecycle, the golden thread empowers dutyholders and accountable persons to make informed decisions that protect both the building and its occupants.

In the words of the CLC’s guidance, the golden thread “allows understanding of a building, and the steps needed to keep both the building and people safe, now and in the future.” By following the technical guidance set out by the CLC, dutyholders and accountable persons can meet their responsibilities in a “safe, reasonable and proportionate manner.”

How Capsticks can help

With extensive experience in advising on the legal obligations surrounding the golden thread for higher-risk buildings, Capsticks provides expert guidance on complying with the requirements of the BSA 2022. We assist with the preparation, maintenance, and management of golden thread information. Whether supporting you in compliance matters, representing you in discussions with regulators, or addressing enforcement actions, our aim is to help you meet your obligations and secure the best possible outcome.

For more information on how Capsticks can assist, please contact David Firth or Mathieu Quenin.