The Building Safety Act 2022 (Commencement No. 6) Regulations 2024

Made: 13th January 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by section 170(2)(b) of the Building Safety Act 2022[^f00001].

Citation and interpretation

1

• (1) These Regulations may be cited as the Building Safety Act 2022 (Commencement No. 6) Regulations 2024.

• (2) In these Regulations “the 2022 Act” means the Building Safety Act 2022.

Provisions coming into force

2

The following provisions of the 2022 Act come into force on the day which is three days after the day on which these Regulations are made—

• (a) section 79 (occupied building: duty to apply for building assessment certificate);

• (b) section 80 (applications for building assessment certificates);

• (c) section 81 (building assessment certificates);

• (d) section 82 (duty to display building assessment certificate etc);

• (e) section 83 (assessment of building safety risks);

• (f) section 84 (management of building safety risks);

• (g) section 85 (safety case report);

• (h) section 86 (notification and provision of report to the regulator);

• (i) section 87 (mandatory reporting requirements);

• (j) section 88 (keeping information about higher-risk buildings);

• (k) section 90 (provision of information etc on change in accountable person);

• (l) section 91 (residents’ engagement strategy);

• (m) section 92 (requests for further information);

• (n) section 93 (complaints procedure operated by principal accountable person);

• (o) section 94 (complaints procedure operated by the regulator);

• (p) section 95 (duties on residents and owners);

• (q) section 96 (contravention notices);

• (r) section 97 (access to premises);

• (s) section 98 (duty on regulator to enforce Part);

• (t) section 101 (offence: contravention giving rise to risk of death and serious injury);

• (u) section 102 (special measures) and Schedule 7;

• (v) section 111 (building safety directors of resident management companies).

Signed

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

Lee Rowley — Minister of Sate — Department of Levelling Up, Housing and Communities — 13th January 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are the sixth commencement regulations made under the Building Safety Act 2022 (c. 30) (“the Act”).

Regulation 2 brings into force various sections in Part 4 of the Act. Namely, sections 79 to 82 which impose requirements with regard to registration of occupied higher-risk buildings and obtaining and displaying a building assessment certificate for such a building; sections 83 to 86 which impose duties with regard to assessing and managing building safety risks, the safety case report and its provision to the regulator; sections 87, 88 and 90 which impose and are in relation to duties to report certain safety information, keeping prescribed information and documents for higher-risk buildings and for sharing that information and documents with various interested parties; sections 91 to 94 which impose requirements in relation to a resident engagement strategy for a higher-risk building, requests by residents for further information or documents about their building, and the complaints procedures to be operated by the principal accountable person and the building safety regulator (“the regulator”); sections 95 to 97 which impose duties on residents and provide for contravention notices when those duties are breached and for access to residential units; sections 98 to 101 which impose requirements in relation to enforcement by the regulator; section 102 (and the accompanying Schedule 7) which creates the special measures regime, an enforcement tool of last resort; and section 111 of the Act makes provisions in relation to articles of associations of resident management companies.

An impact assessment has been produced in relation to the Act and copies can be obtained at https://publications.parliament.uk/pa/bills/cbill/58-02/0139/BuildingSafetyBillImpactAssessment.pdf or from the Department for Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF, United Kingdom.

Footnotes

[^f00001]: 2022 c. 30.