The Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2024

PART 1 General

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2024 and come into force at the same time as section 83 of the 2022 Act comes into force.

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

Interpretation

2.  In these Regulations—

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

“the 2010 Regulations” means the Building Regulations 2010(1);

“the Fire Safety Regulations” means the Fire Safety (England) Regulations 2022(2);

“AP” means accountable person(3);

“AP client” has the meaning given in regulation 17(6);

“building work” has the same meaning as in regulation 3 of the 2010 Regulations;

“client” means any person for whom a project is carried out;

“construction phase” means the period beginning when any building work on a project starts and ending when that project is completed;

“evacuation information” has the meaning given in paragraph 7(3) of Schedule 1;

“fabric of the building” means a part of the building that forms, with other parts, the structure of the building including in particular any wall, roof, floor, stairs, doors, windows, plumbing, central heating systems, electrical wiring and lighting systems;

“fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004(4), for an area in England;

“fire risk assessment” means the record of an assessment by the RP further to the requirement in article 9 (risk assessment) of the Regulatory Reform (Fire Safety) Order 2005(5);

“fire safety management measure” means any equipment, device or materials (whether or not a fixture or part of the fabric of the building) that—

(a)

exists for any of the following purposes—

(i)

preventing fire outbreak and spread in the building;

(ii)

reducing the spread of smoke from fire;

(iii)

reducing the severity of any fire outbreak and spread in the building;

(iv)

aiding or enabling evacuation of the building;

(b)

is located in any part of the higher-risk building, and

(c)

is not a measure provided by a resident for their own use;

“golden thread information” has the meaning given in regulation 4(3);

“higher-risk building work” has the same meaning as in section 91ZA of the Building Act 1984(6);

“material change of use” has the meaning given in regulation 5 of the 2010 Regulations;

“PAP” means principal accountable person(7);

“plans” has the same meaning as in section 126 of the Building Act 1984(8);

“project” means a project which includes or is intended to include any higher-risk building work, or work to the wider building of a higher-risk building, and includes all planning work, design work, management or other work involved in a project until the end of the construction phase;

“the register” means the register of higher-risk buildings held by the regulator pursuant to section 78 of the 2022 Act;

“relevant landlord” means the owner of a residential unit(9) in a higher-risk building where an AP for that building has given a contravention notice(10) to any person residing in that residential unit;

“relevant RP” means any person who is a RP for a higher-risk building and, where applicable, for the wider building of a higher-risk building, but who is not also an AP for the same higher-risk building;

“resident client” means a client who is also a resident of the higher-risk building to which their project relates;

“RP” means the responsible person under article 3 of the Regulatory Reform (Fire Safety) Order 2005;

“scheme work” means work to which—

(a)

regulation 20 (provisions applicable to self-certification schemes) of the 2010 Regulations applies, or

(b)

regulation 20A (provisions applicable to third party certification schemes) of the 2010 Regulations applies;

“wider building” has the same meaning as in regulation 4(8) of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023(11).

Direction to be made by regulator

3.—(1) The information prescribed by regulation 5 must be given to the regulator in a way specified in a direction made by the regulator.

(2) A direction must specify the date on which it comes into effect, which must not be earlier than five working days after the date on which the regulator publishes it.

(3) The regulator must publish any direction under this regulation on its website.

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

(1)

S.I. 2010/2214 as amended by S.I. 2012/3119, 2013/1959, 2014/110, 2015/767, 2016/285, 2016/1274, 2018/1230, 2021/1391, 2022/608 and 2023/520. There are other amending instruments, but none is relevant to this instrument.

(2)

S.I. 2022/547.

(3)

See section 72 of the 2022 Act for the meaning of “accountable person”.

(4)

2004 c. 21.

(5)

S.I. 2005/1541.

(6)

1984 c. 55. Section 91ZA was inserted by section 32 of the 2022 Act. See section 65 of the 2022 Act for the meaning of “higher-risk building”.

(7)

See section 73 of the 2022 Act for the meaning of “principal accountable person”.

(8)

1984 c. 55.

(9)

See section 115 of the 2022 Act for the meaning of “residential unit”.

(10)

See section 96(3) of the 2022 Act for the meaning of a “contravention notice”.

(11)

S.I. 2023/275.