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

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Statutory Instruments

2024 No. 40 (C. 3)

Building And Buildings

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(1).

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 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)

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.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Building Safety Act 2022 have been brought into force by commencement regulations made before the date on which these Regulations are made.

ProvisionDate of CommencementS.I. No.
Section 2(2)28th June 2022S.I. 2022/561
Section 328th June 2022S.I. 2022/561
Section 4 (partially)1st December 2022S.I. 2022/1210
Section 4 (remaining purposes)1st October 2023S.I. 2023/993
Section 51st April 2023S.I. 2023/362
Section 61st April 2023S.I. 2023/362
Section 81st April 2023S.I. 2023/362
Section 9 (partially)1st December 2022S.I. 2022/1210
Section 9 (remaining purposes)1st April 2023S.I. 2023/362
Section 101st October 2023S.I. 2023/993
Section 111st December 2022S.I. 2022/1210
Sections 12 to 166th April 2023S.I. 2023/362
Section 1728th June 2022S.I. 2022/561
Section 1828th June 2022S.I. 2022/561
Section 191st October 2023S.I. 2023/993
Section 206th April 2023S.I. 2023/362
Section 211st October 2023S.I. 2023/993
Sections 22 to 256th April 2023S.I. 2023/362
Section 261st October 2023S.I. 2023/993
Section 276th April 2023S.I. 2023/362
Section 296th April 2023S.I. 2023/362
Section 3128th June 2022S.I. 2022/561
Section 32 (partially)6th April 2023S.I. 2023/362
Section 32 (remaining purposes)1st October 2023S.I. 2023/993
Sections 33 to 356th April 2023S.I. 2023/362
Section 36 (partially)6th April 2023S.I. 2023/362
Section 36 (remaining purposes)1st October 2023S.I. 2023/993
Section 376th April 2023S.I. 2023/362
Section 38 (partially)6th April 2023S.I. 2023/362
Section 38 (remaining purposes)1st October 2023S.I. 2023/993
Section 39 (partially)6th April 2023S.I. 2023/362
Section 39 (remaining purposes)1st October 2023S.I. 2023/993
Section 4128th June 2022S.I. 2022/561
Section 42 (partially)6th April 2023S.I. 2023/362
Section 42 (partially)1st October 2023S.I. 2023/993
Section 44 (partially)6th April 2023S.I. 2023/362
Section 46 (partially)6th April 2023S.I. 2023/362
Section 46 (remaining purposes)1st October 2023S.I. 2023/993
Section 471st April 2023S.I. 2023/362
Section 4828th July 2022S.I. 2022/561
Sections 49 to 53 (partially)6th April 2023S.I. 2023/362
Section 541st October 2023S.I. 2023/993
Section 55 (partially)28th June 2022S.I. 2022/561
Section 55 (partially)1st April 2023S.I. 2023/362
Section 55 (partially)6th April 2023S.I. 2023/362
Section 55 (partially)1st October 2023S.I. 2023/993
Section 56 (partially)6th April 2023S.I. 2023/362
Section 56 (remaining purposes)1st October 2023S.I. 2023/993
Section 5728th June 2022S.I. 2022/561
Sections 71 to 756th April 2023S.I. 2023/362
Sections 76 and 771st October 2023S.I. 2023/993
Section 78 (partially)6th April 2023S.I. 2023/362
Section 78 (remaining purposes)1st October 2023S.I. 2023/993
Section 896th April 2023S.I. 2023/362
Sections 99 and 1001st October 2023S.I. 2023/993
Sections 103 to 1061st October 2023S.I. 2023/993
Sections 107 to 1106th April 2023S.I. 2023/362
Section 112 (partially)6th April 2023S.I. 2023/362
Section 1146th April 2023S.I. 2023/362
Sections 126 to 1291st September 2022S.I. 2022/927
Sections 130 and 13128th June 2022S.I. 2022/561
Section 132 (partially)28th May 2022S.I. 2022/561
Section 132 (remaining purposes)28th June 2022S.I. 2022/561
Section 133 (partially)1st April 2023S.I. 2023/362
Sections 144 and 1456th April 2023S.I. 2023/362
Section 1561st October 2023S.I. 2023/362
Section 1601st October 2022S.I. 2022/561
Section 1611st October 2023S.I. 2023/993
Schedule 128th June 2022S.I. 2022/561
Schedule 26th April 2023S.I. 2023/362
Schedule 36th April 2023S.I. 2023/362
Schedule 5, paragraphs 1 (partially), 2, 3, 4 (partially), 5 (partially), 6, 9, 10, 11 to 15 (partially), 16, 22 (partially), 46 (partially), 50, 51, 53, 55 (partially), 57 (partially), 67, 71, 74 (partially), 75, 76 (partially), 77 (partially), 78, 81 (partially), 82, 83 (partially) and 84 (partially).28th June 2022S.I. 2022/561
Schedule 5, paragraphs 17, 77 (remaining purposes), 85, 87 and 881st April 2023S.I. 2023/362
Schedule 5, paragraphs 40(3), 42(3), 80 (partially) and 83(8)6th April 2023S.I. 2023/362
Schedule 5, paragraphs 4 (remaining purposes), 5 (remaining purposes), 7, 8, 11 to 15 (remaining purposes), 18 to 21, 22 (remaining purposes), 23 to 37, 39, 40 (remaining purposes), 41, 42 (remaining purposes), 43, 44(2), 45, 46 (remaining purposes), 47 to 49, 54, 55 (remaining purposes), 57 (remaining purposes), 58 to 66, 68 to 70, 72, 73, 74 (remaining purposes), 76 (remaining purposes), 79, 80 and 81 (remaining purposes), 83 and 84 (remaining purposes), 86 and 90.1st October 2023S.I. 2023/993
Schedule 6, paragraph 30 (partially)6th April 2023S.I. 2023/362
Schedule 6 (remaining purposes)1st October 2023S.I. 2023/993

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