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The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023

Type Statutory-Instrument

Publication 2023-03-09

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 9th March 2023

Laid before Parliament: 14th March 2023

Coming into force: 6th April 2023

No consultation by the Secretary of State is required in relation to regulations 20 and 21 of these Regulations because the regulator made proposals for them to the Secretary of State, under section 7(2) of the Building Safety Act 2022.

PART 1 — General

Citation, commencement, extent, application and interpretation

1

(1) These Regulations may be cited as the Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023 and come into force on 6th April 2023.

(2) These Regulations extend to England and Wales and apply to England only.

(3) In these Regulations—

“the 2022 Act” means the Building Safety Act 2022;

“AP” means accountable person[^f00003];

“building certificate” means a completion certificate or, as the case may be, a final certificate in relation to a building;

“building control body” means—where the certificate is a completion certificate, the building control authority for the building;where the certificate is a final certificate, the approved inspector or, as the case may be, registered building control approver who gave the initial notice to which the final certificate relates;

“change of use” has the same meaning as in The Town and Country Planning (Use Classes) Order 1987[^f00005];

“completed” in relation to a building means—in the case of a newly built higher-risk building[^f00006], when the construction of that building is completed;in the case of a building which was not a higher-risk building when built and which becomes a higher-risk building following a change of use, when the change of use occurs that causes that building to become a higher-risk building;in the case of a building which was not a higher-risk building when built and which becomes a higher-risk building following works which cause it to become a higher-risk building, when those works are completed;

“completion certificate” means—a certificate issued in accordance with regulation 17 (completion certificates) of the Building Regulations 2010[^f00007], a certificate issued in accordance with regulation 44 (completion certificate applications: decisions) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023;where paragraph 5, 10 or 11 of Schedule 3 to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 applies in relation to a building, a transfer and completion certificate provided for by virtue of modifications set out in paragraph 5(9), 10(4), or, as the case may be, 11(4) of Schedule 3 to those Regulations; a certificate issued in accordance with the equivalent provision of earlier regulations made under section 1 of the Building Act 1984 or section 4 of the Public Health Act 1961[^f00008], ora certificate issued under an equivalent provision of byelaws made under section 61 of the Public Health Act 1936[^f00009];

“final certificate” has the same meaning as in section 51 of the Building Act 1984[^f00010];

“leaseholder” means a tenant under a lease of a dwelling in a building;

“PAP” means principal accountable person[^f00011];

“the register” means the register of higher-risk buildings[^f00012];

“registration information” means the information described in regulations 11 to 17, 18(1)(a) to (c) and (2) and 19;

“relevant day” means any day other than Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales[^f00013];

“start date” means the day on which section 32 of the 2022 Act (building control authorities) comes into force in relation to England, ignoring any commencement of that section for the purpose only of making regulations;

“transitional building” means a higher-risk building in relation to which section 91ZA(1) of the Building Act 1984[^f00014] does not apply (by virtue of regulations made under paragraph 10 of Schedule 1 to the Building Act 1984) on the day the application for registration of that building is submitted.

Direction to be made by regulator

2

(1) The regulator[^f00015] may make a direction as to the way in which any of the following must be given to it—

(a) information with regard to a change to registration information or copy certificate in accordance with regulation 4;

(b) a request made in accordance with regulation 7 to remove a building from the register;

(d) a request made in accordance with regulation 22 to withdraw an application for registration;

(e) a notice given in accordance with regulation 23 to review a decision by the regulator.

(2) The direction may include a requirement to give the information via a website address provided for that purpose by the regulator.

(3) The regulator must publish any direction under this regulation on its website and make it available for inspection at its principal offices during normal office hours.

(4) The regulator may, by a further direction, amend or revoke a direction made under this regulation.

PART 2 — The Register of Higher-Risk Buildings

Content

3

The register must contain the following information in relation to each higher-risk building on the register—

(a) the registration information,

(b) any copy certificate required in regulation 18(1)(d),

(d) where applicable, the date that any special measures order[^f00017] is made or discharged.

Updating information

4

The PAP must provide to the regulator, within the period of 14 relevant days beginning with the day that the PAP becomes aware of a change—

(a) any change to the registration information provided to the regulator,

(b) any copy certificate required in regulation 18(1)(d) ..., where a certificate becomes available that is more recent than the one provided to the regulator.

5

The regulator must update the register, as it considers necessary, within the period of 14 relevant days beginning with the relevant day that—

(a) the regulator receives information or a copy certificate pursuant to regulation 4;

(b) the regulator gives a building assessment certificate;

(c) the regulator receives any information pursuant to regulations made under section 90(4) (provision of information etc on change in accountable person) of the 2022 Act;

(d) a special measures order is made or discharged.

Circumstances for removing a building entry

6

The regulator may remove a higher-risk building from the register where—

(a) a PAP makes a written request to the regulator in accordance with regulation 7, or

(b) there is no request, on the regulator’s own initiative.

Request of PAP to remove a building entry

7

(1) Where a PAP for a building considers that the building is or will not be occupied or the building is or will not be a higher-risk building, the PAP must make a request to the regulator to remove the building from the register.

(2) With regard to any request that the PAP makes in accordance with paragraph (1) the PAP must include—

(a) their name, address and contact details,

(b) an explanation of why the PAP considers that the building is not or will not be occupied or the building is or will not be a higher-risk building, and

(c) where there is more than one AP for the building, a declaration confirming that all other APs for the building have been sent a copy of the request[^f00018].

Notice of removal of building entry

8

(1) Where the regulator makes a decision to remove a building from the register, or to refuse a request to remove a building from the register (“a removal decision”), the regulator must give a notice of the removal decision to all the APs for the building.

(2) A notice under paragraph (1) may be in electronic form and must—

(a) be in writing,

(b) give a summary of the reasons for the removal decision, and

(3) A notice under paragraph (2) must be served as soon as reasonably practicable after a removal decision is made, and in any event before effecting any removal.

Duty-holders

9

(1) In relation to regulations 6 and 7, “PAP” includes a person who would be a PAP for the building if the building were a higher-risk building.

(2) In relation to regulation 8 ..., “AP” includes a person who would be an AP for the building if the building were a higher-risk building.

PART 3 — Applications for Registration

Applications for registration

10

An application to register a higher-risk building must—

(a) contain the information set out in regulations 11 to 17, 18(1)(a) to (c) and (2), and 19,

(b) be accompanied by any document required by regulation 18(1)(d).

AP details where there is one AP for the building

11

Where there is only one AP for the building, the details relating to the AP of the building as follows—

(a) their name;

(b) an address in England and Wales at which notices (including notices in proceedings) may be served on them;

(d) their telephone number.

AP details where there is more than one AP for the building

12

Where there is more than one AP for the building—

(a) confirmation of who is the PAP,

(b) details for which part of the building each AP is responsible[^f00020], and

(i) their name;

(ii) an address in England and Wales at which notices (including notices in proceedings) may be served on them;

(iii) their email address;

(iv) their telephone number.

PAP organisation type

13

(1) For a PAP that is not an individual, whether the PAP is—

(a) a local authority within the meaning set out in section 1 of the Local Government Act 2000[^f00021],

(b) a private registered provider of social housing[^f00022],

(d) a commonhold association as defined by section 1 of the Commonhold and Leasehold Reform Act 2002[^f00024],

(e) a resident management company,

(f) a right to manage company as defined by section 73[^f00025] of the Commonhold and Leasehold Reform Act 2002, or

(g) where the PAP is not an authority or body of a type listed in sub-paragraphs (a) to (f), details of the type of organisation that it is.

(2) For the purpose of this regulation, “resident management company” means a body corporate which is party to a lease of a building where—

(a) the body corporate is limited by guarantee and the members of that body are leaseholders, or

(b) the majority of the shares of the body corporate are held by leaseholders.

Details of person making application on behalf of PAP

14

If the PAP authorises a person to make the registration application on their behalf—

(a) confirmation from that person that they are authorised by that PAP, to act on that PAP’s behalf, and

(b) the name and address of that person.

Details of single point of contact

15

If the PAP or person making the application on behalf of the PAP is not an individual, the name and address of the individual who will act as a single point of contact for the PAP for the purposes of the registration application.

Description of building

16

With regard to the higher-risk building—

(a) the address, postcode and, if applicable, name of the building,

(b) the number of residential units[^f00026] it contains,

(c) the height, in metres, of the building as determined in accordance with regulations made under section 65(2) of the 2022 Act,

(d) the number of storeys on or above ground level as determined in accordance with regulations made under section 65(2) of the 2022 Act, and

(e) the year in which the building was completed.

Building control: for a building completed before start date

17

(1) In relation to a building which was completed before the start date—

(a) the date of the building certificate for the completed building,

(b) the reference number of the certificate, and

(2) Where the PAP does not hold any of the information in a paragraph (1) they must provide an explanation to the regulator setting out the steps that the PAP has taken to obtain the information.

Building control: for a building completed on or after start date and a transitional building

18

(1) In relation to a building which was completed on or after the start date and is a transitional building—

(a) the date of the building certificate issued in relation to the building,

(b) the reference number of the certificate,

(d) a copy of the certificate.

(2) It is sufficient to provide the most recent building certificate where more than one building certificate has been issued for the same part of the building.

Building control: for a building completed on or after start date and not a transitional building

19

In relation to a building which was completed on or after the start date but is not a transitional building—

(a) the reference number for the building, issued by the regulator, and

(b) the date that the building certificate was issued.

Prescribed fee

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of failure to pay fee

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawing an application

22

(1) The circumstance in which an application for registration of a higher-risk building may be withdrawn is where—

(a) the PAP makes a request to the regulator to withdraw the application regarding the building for which they are the PAP, and

(b) that request is made in writing and sets out the reason for the request.

(2) In this regulation the PAP includes the person who would be the PAP if the building were a higher-risk building.

PART 4 — Review of Decisions of the Regulator

Regulator decision: review

23

(1) The following decisions of the regulator are prescribed for the purposes of section 25(1)[^f00027] of the 2022 Act—

(a) a decision not to register a higher-risk building further to an application;

(b) a decision to remove a building from the register[^f00028];

(d) a decision to refuse an application for a building assessment certificate[^f00029];

(e) a decision to give a direction for assessment of building safety risks pursuant to section 83(2)(c) of the 2022 Act.

(2) The persons prescribed for the purposes of section 25(2) of the 2022 Act are—

(a) in relation to a decision of the regulator mentioned in paragraph (1)(a), (b), (d) or (e) an affected person within the meaning in section 104(4) of the 2022 Act;

(b) in relation to a decision of the regulator mentioned in paragraph (1)(c), an AP for the higher-risk building (or person who would be an AP for the building if the building were a higher-risk building).

(3) The prescribed period for the purposes of section 25(2) of the 2022 Act for giving a notice to the regulator is within 21 relevant days beginning with the day on which the decision is made.

(4) The prescribed information for the purposes of section 25(3)(a) of the 2022 Act to be contained in a notice (“the notice”) is—

(a) details for the person giving the notice as follows—

(i) their name;

(ii) an address in England and Wales at which notices (including notices in proceedings) may be served on them;

(iii) their email address;

(iv) their telephone number;

(b) the name and address of any person authorised to give the notice on behalf of a person set out at paragraph (3);

(d) a summary of the review being sought that—

(i) identifies the decision for review, and

(ii) sets out the reason for the review;

(e) any new information that is available to the person giving the notice, that may have been relevant to the regulator’s original decision and was not available at the time the original decision was made;

(f) confirmation that any other AP for the same building to which the decision relates has been given a copy of the notice.

(5) The period prescribed for the purposes of section 25(7) of the 2022 Act, is within 28 relevant days beginning with the day that the regulator receives the notice.

Signed

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Lee Rowley — Parliamentary Under Secretary of State — Department for Levelling Up, Housing and Communities — 9th March 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.