Statutory Instruments
Building And Buildings
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).
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.
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
(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.
(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.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 2(2) | 28th June 2022 | S.I. 2022/561 |
| Section 3 | 28th June 2022 | S.I. 2022/561 |
| Section 4 (partially) | 1st December 2022 | S.I. 2022/1210 |
| Section 4 (remaining purposes) | 1st October 2023 | S.I. 2023/993 |
| Section 5 | 1st April 2023 | S.I. 2023/362 |
| Section 6 | 1st April 2023 | S.I. 2023/362 |
| Section 8 | 1st April 2023 | S.I. 2023/362 |
| Section 9 (partially) | 1st December 2022 | S.I. 2022/1210 |
| Section 9 (remaining purposes) | 1st April 2023 | S.I. 2023/362 |
| Section 10 | 1st October 2023 | S.I. 2023/993 |
| Section 11 | 1st December 2022 | S.I. 2022/1210 |
| Sections 12 to 16 | 6th April 2023 | S.I. 2023/362 |
| Section 17 | 28th June 2022 | S.I. 2022/561 |
| Section 18 | 28th June 2022 | S.I. 2022/561 |
| Section 19 | 1st October 2023 | S.I. 2023/993 |
| Section 20 | 6th April 2023 | S.I. 2023/362 |
| Section 21 | 1st October 2023 | S.I. 2023/993 |
| Sections 22 to 25 | 6th April 2023 | S.I. 2023/362 |
| Section 26 | 1st October 2023 | S.I. 2023/993 |
| Section 27 | 6th April 2023 | S.I. 2023/362 |
| Section 29 | 6th April 2023 | S.I. 2023/362 |
| Section 31 | 28th June 2022 | S.I. 2022/561 |
| Section 32 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 32 (remaining purposes) | 1st October 2023 | S.I. 2023/993 |
| Sections 33 to 35 | 6th April 2023 | S.I. 2023/362 |
| Section 36 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 36 (remaining purposes) | 1st October 2023 | S.I. 2023/993 |
| Section 37 | 6th April 2023 | S.I. 2023/362 |
| Section 38 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 38 (remaining purposes) | 1st October 2023 | S.I. 2023/993 |
| Section 39 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 39 (remaining purposes) | 1st October 2023 | S.I. 2023/993 |
| Section 41 | 28th June 2022 | S.I. 2022/561 |
| Section 42 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 42 (partially) | 1st October 2023 | S.I. 2023/993 |
| Section 44 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 46 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 46 (remaining purposes) | 1st October 2023 | S.I. 2023/993 |
| Section 47 | 1st April 2023 | S.I. 2023/362 |
| Section 48 | 28th July 2022 | S.I. 2022/561 |
| Sections 49 to 53 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 54 | 1st October 2023 | S.I. 2023/993 |
| Section 55 (partially) | 28th June 2022 | S.I. 2022/561 |
| Section 55 (partially) | 1st April 2023 | S.I. 2023/362 |
| Section 55 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 55 (partially) | 1st October 2023 | S.I. 2023/993 |
| Section 56 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 56 (remaining purposes) | 1st October 2023 | S.I. 2023/993 |
| Section 57 | 28th June 2022 | S.I. 2022/561 |
| Sections 71 to 75 | 6th April 2023 | S.I. 2023/362 |
| Sections 76 and 77 | 1st October 2023 | S.I. 2023/993 |
| Section 78 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 78 (remaining purposes) | 1st October 2023 | S.I. 2023/993 |
| Section 89 | 6th April 2023 | S.I. 2023/362 |
| Sections 99 and 100 | 1st October 2023 | S.I. 2023/993 |
| Sections 103 to 106 | 1st October 2023 | S.I. 2023/993 |
| Sections 107 to 110 | 6th April 2023 | S.I. 2023/362 |
| Section 112 (partially) | 6th April 2023 | S.I. 2023/362 |
| Section 114 | 6th April 2023 | S.I. 2023/362 |
| Sections 126 to 129 | 1st September 2022 | S.I. 2022/927 |
| Sections 130 and 131 | 28th June 2022 | S.I. 2022/561 |
| Section 132 (partially) | 28th May 2022 | S.I. 2022/561 |
| Section 132 (remaining purposes) | 28th June 2022 | S.I. 2022/561 |
| Section 133 (partially) | 1st April 2023 | S.I. 2023/362 |
| Sections 144 and 145 | 6th April 2023 | S.I. 2023/362 |
| Section 156 | 1st October 2023 | S.I. 2023/362 |
| Section 160 | 1st October 2022 | S.I. 2022/561 |
| Section 161 | 1st October 2023 | S.I. 2023/993 |
| Schedule 1 | 28th June 2022 | S.I. 2022/561 |
| Schedule 2 | 6th April 2023 | S.I. 2023/362 |
| Schedule 3 | 6th April 2023 | S.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 2022 | S.I. 2022/561 |
| Schedule 5, paragraphs 17, 77 (remaining purposes), 85, 87 and 88 | 1st April 2023 | S.I. 2023/362 |
| Schedule 5, paragraphs 40(3), 42(3), 80 (partially) and 83(8) | 6th April 2023 | S.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 2023 | S.I. 2023/993 |
| Schedule 6, paragraph 30 (partially) | 6th April 2023 | S.I. 2023/362 |
| Schedule 6 (remaining purposes) | 1st October 2023 | S.I. 2023/993 |