The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023

Part of the building for which an AP is responsible: buildings with only one AP

26.—(1) If a higher-risk building has only one AP and the AP is a commonhold association, the AP is responsible for the following parts of the building —

(a) the common parts of the building,

(b) any commonhold unit,

(c) any balcony, and

(d) any other part of the building to which the Regulatory Reform (Fire Safety Order) 2005(1) does not apply.

(2) If a higher-risk building has only one AP and the AP is not a commonhold association, the AP is responsible for the following parts of the building—

(a) the common parts of a building,

(b) any residential unit,

(c) any balcony, and

(d) any other part of the building to which the Regulatory Reform (Fire Safety Order) 2005 does not apply.

(3) The common parts of the building are defined by—

(a) section 25(1) (definition) of the Commonhold and Leasehold Reform Act 2002(2) in relation to paragraph (1), and

(b) section 72(6) of the 2022 Act in relation to paragraph (2)

(4) In this regulation “commonhold association” means as defined under Part 1 of the Commonhold and Leasehold Reform Act 2002.

(1)

S.I. 2005/1541. Relevant amendments are made by the Fire Safety Act 2010 c. 24.

(2)

2002 c. 15.