UK Government Introduces Higher-Risk Buildings Regulations 2023 to Enhance Building Safety
The UK government has recently introduced the Higher-Risk Buildings (Key Building Information etc) (England) Regulations 2023 (SI 2023/396), set to come into effect on 6 April 2023. These regulations, part of the Building Safety Act 2022, aim to enhance the safety of buildings considered to be of higher risk.
Under the new regulations, all existing occupied high-risk buildings must be registered by 1 October 2023 in a register established by the Building Safety Regulator (BSR). This is expected to apply to around 12,500 existing buildings. It is important to note that it is an offence for the building to be occupied without being registered, for which the Principal Accountable Person (PAP) will be held liable.
A higher-risk building is defined as a building in England that is at least 18 metres in height or has at least 7 storeys, and contains at least 2 residential units. This includes student accommodation. The PAP, who is either the owner or the landlord of the building, must ensure the building is registered.
Applications for registrations should include details of the Accountable Person, a description of the building, building control details, and the building certificate if applicable. Once the PAP has submitted an application to register an existing higher-risk building, they have 28 days within which to submit the Key Building Information.
The Key Building Information should include the building name, address and postcode, the building height, the number of floors in the building, the PAP, the Accountable Person(s), the parts of the building they are responsible for, the year the building was fully constructed, and for new builds, confirmation of the completion certificate.
If at the end of the initial 6-month period, the existing building has not been registered, it will be an offence to allow that building to be occupied. The registration will be online through a portal set up by the BSR. The BSR intends to publish the Register publicly to provide transparency of information and accountability for building owners and managers.
Given the new regulations, it is crucial for clients and their advisers to understand how the new laws will affect them, identify affected buildings, identify the Accountable Person and PAP in respect of these buildings, collect the information needed for registration and submission to the Regulator, and put in place processes to ensure compliance with the new legislation.
With the new regulations coming into force soon, it is important to act now to ensure compliance and avoid potential penalties. This is a significant step towards improving building safety and it is crucial that all parties involved in the construction and management of higher-risk buildings are aware of their responsibilities under the new regulations.
<p>
