Building Safety Act 2022

Part 2: The Regulator and its functions

The regulator and its functions

Section 2: The Building Safety Regulator

Effect

143. Section 2 establishes the new Building Safety Regulator within the Health and Safety Executive.
144. Section 2 also introduces Schedule 1, which amends the Health and Safety at Work etc. Act 1974 to make provisions supporting the creation of the Building Safety Regulator within the Health and Safety Executive.

Background

145. This is a new provision.
146. Following advice from Dame Judith Hackitt (as Independent Ministerial adviser on the Building Safety Regulator), the Government intends that the Building Safety Regulator will take the form of a new division within the Health and Safety Executive.

Section 3: The regulator: objectives and regulatory principles

Effect

147. Section 3 sets out the objectives that the Health and Safety Executive must follow when exercising its functions as the Building Safety Regulator (such functions are referred to as building functions), and certain principles which will guide the way the Building Safety Regulator undertakes its main operational functions.
148. The first objective is to secure the safety of people in or about buildings. This aim applies to risks to safety that are associated with buildings (rather than, for example, broader issues of general crime and disorder). The objective covers people either in buildings or in their immediate vicinity, as (for example) people close to a building could be hit by material from the building.
149. The second objective is to improve the standard of buildings. The Health and Safety Executive could fulfil this objective by taking steps that either improve the quality of a standard or lead to more consistent compliance with an existing standard. A standard is defined in section 30 and can cover the requirements of the building regulations, guidance in Approved Documents, as well as non-legislative British Standards set by the British Standards Institution, and standards recognised within industry.
150. When undertaking a specific activity, the Building Safety Regulator may consider that only one objective is relevant, or that one objective should carry more weight than the other.
151. The Building Safety Regulator will not be responsible directly for the construction or management of buildings - this Act, alongside the Building Act 1984 and building regulations, assigns clear duties in respect of those matters. For example, the Accountable Person is primarily responsible for ensuring that a higher-risk building is managed safely when occupied (see later sections). The intention of the statutory objective is to ensure that the Health and Safety Executive exercises its regulatory functions with the aim of securing safety and improving standards.
152. Section 3 then sets out principles to which the Building Safety Regulator must have regard when delivering its main operational functions. These principles are focused on the way in which the Building Safety Regulator should undertake its main operational functions. The principles reflect established regulatory good practice.
153. Under the principles, operational activity should be consistent, transparent and accountable, which could be secured by grounding operational activity on published policy and guidance, and publishing performance metrics about how the activity was undertaken. Activity should be targeted on cases where action is needed, and be proportionate, rather than (for example) requiring excessively costly measures for little benefit in terms of reduction in risk.
154. All the Building Safety Regulator’s building functions are subject to the principles, except the regulator’s general functions in sections 4 to 6. This reflects that these general functions focus on driving culture change and improvement across whole industries, or monitoring safety and standards across all buildings. When undertaking these very general functions, which are not focused on enforcing in individual cases, certain of the principles (in particular targeting action only at cases where action is needed) are not appropriate.
155. Section 3 defines the Building Safety Regulator’s "building functions" as:
     1. Building functions provided for in this Act, the Building Act 1984, and regulations made under those two pieces of legislation;
     2. Functions of the Health and Safety Executive defined as building functions by regulations made under this section;
     3. Functions of the Health and Safety Executive provided for under the Health and Safety at Work etc. Act 1974 that relate directly to the other building functions (such as exercising the powers in new section 11A Health and Safety at Work etc. Act 1974, which enables the Health and Safety Executive to make arrangements to deliver its building functions).

156. Building functions are subject to the Building Safety Regulator’s objectives, would form part of the Building Safety Regulator’s strategic plan (see section 17), are relevant to powers to share information and duties to cooperate (see section 27 and Schedule 3) and are subject to the regular review of the regulatory system (see section 162).

Background

157. Section 3 is a new provision.
158. The principles draw on the example of section 21 of the Legislative and Regulatory Reform Act 2006. Utilising established principles of regulatory best practice, which apply to Health and Safety Executive’s existing regulatory functions, will help ensure that the Health and Safety Executive delivers coherent and effective regulation across its different functions. The principles reflect both the approach the Health and Safety Executive takes to its existing functions, and the proportionate approach the Health and Safety Executive will take to its new building functions.

     Example 1 When making proposals to the Secretary of State for changes to the building regulations, the Building Safety Regulator could act in line with its objectives by suggesting changes to the regulations to seek to resolve a recurring problem with standards of buildings. Example 2 When undertaking its functions in respect of higher-risk buildings under the new regime in Part 4 of the Act, the Building Safety Regulator could exercise its functions with a view to securing the safety of people in or about buildings by preparing best practice guidance encouraging dutyholders to deliver their responsibilities for resident safety effectively. Example 3 Where dutyholders do not respond positively to encouragement and information, active enforcement of the new regime could also help meet the objective to exercise its functions with a view to securing safety. When enforcing Part 4, the Building Safety Regulator will have regard to the principles. We expect that the regulator will operate consistently and transparently, e.g. on the basis of a published enforcement framework, which is the approach suggested by the Regulator’s Code. The action taken will be proportionate to the seriousness of the breach and targeted at cases where action is needed.

Section 4: Duty to facilitate building safety: higher-risk buildings

Effect

159. Section 4 requires the Building Safety Regulator to assist and encourage those responsible for the safe construction and management of higher-risk buildings, as well as residents in those buildings, to secure the safety of people in or around those buildings in relation to building safety risks. This includes helping to make sure that disabled people are safe from building safety risks. This section should be read alongside Part 3 and Part 4 of the Act. 
160. The effect of this section is to ensure that the Building Safety Regulator takes a proactive role and does not limit its regulatory activity in respect of higher-risk buildings to enforcement. This section requires that the Building Safety Regulator takes other steps to enhance the safety of people in higher-risk buildings in relation to building safety risks, such as developing and publishing best practice guidance or running workshops with those responsible for building and managing higher-risk buildings.
161. This section does not create any individual right to assistance in a particular case. 

Background

162. This is a new provision.

     Example 1 The Building Safety Regulator could meet this duty in respect of Accountable Persons by setting up working groups to understand the obstacles to compliance with the new regime, and then taking steps to overcome the difficulties identified, such as providing better quality information and guidance to these groups. Example 2 The Building Safety Regulator could test publicity materials aimed at residents of higher-risk buildings with the residents’ panel, to help ensure that the Building Safety Regulator’s communications with residents are well-targeted and effective. Example 3 The Building Safety Regulator could publish best practice guidance to help Accountable Persons secure the safety of disabled people in or around those buildings.

Section 5: Duty to keep safety and standard of buildings under review

Effect

163. Section 5 requires the Building Safety Regulator to monitor the safety of people in buildings and the standard of buildings, on an ongoing basis.

Background

164. This is a new provision.

     Example The Building Safety Regulator could meet this duty by working with its Building Advisory Committee to review the structural safety of buildings, for example in response to a number of buildings, built using the same materials and construction methods, collapsing. Following this review, if the Building Safety Regulator considers that an amendment to the building regulations is needed to strengthen structural safety of buildings which use that particular construction method and material, the Building Safety Regulator will make this recommendation to the Secretary of State, following a public consultation.

Section 6: Facilitating improvement in competence of industry and building inspectors

Effect

165. Section 6 provides that the Building Safety Regulator must provide assistance and encouragement to persons in the built environment industry and to registered building inspectors to facilitate improvement of competence of organisations and individuals in the industry, or members of the profession.

Background

166. This is a new provision. The Independent Review recognised competence as an area where improvement was needed across the built environment sector.

     Example 1: Functions in relation to industry competence Under this duty, the Building Safety Regulator may undertake activities such as setting the strategic direction of the competence committee (see section 10) to increase competence within the built environment industry, carrying out research and analysis, convening working groups, developing a communications strategy and other activities which support this duty. For example, the Building Safety Regulator may use the insights it gains into the competence levels within the built environment industry to focus the committee’s activities on areas where additional work is most needed and can have the most impact. The Building Safety Regulator can also develop and implement a communications plan with the industry competence committee to encourage industry’s use of the competence frameworks and to highlight the legal requirements regarding competence. Example 2: Functions in relation to registered building inspectors Under this duty, the Building Safety Regulator can develop a strategy to increase the competence of registered building inspectors through advice, guidance, training, working groups, advisory committees or research and analysis. One way the regulator might do this could be through commissioning research to look into current competence within the profession and producing advice on key areas for improvement. Following this advice, the Building Safety Regulator could then publish new guidance for registered building inspectors on how to improve their competence and recommend training to help achieve this. Example 1 When making proposals to the Secretary of State for changes to the building regulations, the Building Safety Regulator could act in line with its objectives by suggesting changes to the regulations to seek to resolve a recurring problem with standards of buildings. Example 2 When undertaking its functions in respect of higher-risk buildings under the new regime in Part 4 of the Act, the Building Safety Regulator could exercise its functions with a view to securing the safety of people in or about buildings by preparing best practice guidance encouraging dutyholders to deliver their responsibilities for resident safety effectively. Example 3 Where dutyholders do not respond positively to encouragement and information, active enforcement of the new regime could also help meet the objective to exercise its functions with a view to securing safety. When enforcing Part 4, the Building Safety Regulator will have regard to the principles. We expect that the regulator will operate consistently and transparently, e.g. on the basis of a published enforcement framework, which is the approach suggested by the Regulator’s Code. The action taken will be proportionate to the seriousness of the breach and targeted at cases where action is needed.

Section 7: Proposals and consultation relating to regulations

Effect

167. Section 7 creates a power for the Building Safety Regulator to propose regulations to the Secretary of State and sets out the process the Building Safety Regulator must follow when it does so. This approach reflects the fact that the Building Safety Regulator will, in most cases, be best positioned to propose changes to the regulations.
168. The Secretary of State will be responsible for the making of regulations and can make regulations that have not been proposed by the Building Safety Regulator.
169. Section 7 ensures that there will always be consultation before the making of regulations. The Building Safety Regulator must consult on proposed regulations before recommending them to the Secretary of State, and the Secretary of State must consult before making regulations which have not been proposed by the Building Safety Regulator.
170. This section applies to regulations made under Parts 2 and 4 of the Act, with the exception of regulations that change the scope of the higher-risk regime (made under section 62, section 65 and section 68), where there are specific procedures in place for the making of regulations.

Background

171. Section 7 is a new provision which applies exclusively to regulations made under this Act. This section follows the same principles as section 11(3) and section 50 of the Health and Safety at Work etc. Act 1974.
172. The Act provides for an equivalent provision (new section 120B Building Act 1984) at Schedule 5, paragraph 77 in relation to regulations which are made under the Building Act 1984, including in relation to regulations made under the new provisions inserted into the Building Act 1984 by Part 3 of this Act.

     Example If the Building Safety Regulator wishes to propose amendments to regulations to the Secretary of State setting out changes to the content of Safety Case Reports for higher-risk buildings under section 85 in relation to fire safety, the Building Safety Regulator would first need to consult. The Building Safety Regulator would have discretion over whom to consult and might consult (amongst others) government departments who have a strong policy interest, existing committees of the Building Safety Regulator (such as the residents’ panel), and fire and rescue authorities. The Building Safety Regulator would also have the option to undertake a full public consultation.

Section 8: Duty to establish system for giving of building safety information

Effect

173. Section 8 requires the Building Safety Regulator to make arrangements for a person to establish and operate a system for the voluntary reporting of information about building safety to the person operating the system.

Background

174. This is a new provision and is modelled on existing voluntary occurrence reporting systems used in industries including structural safety and aviation. Recommendation 1.4 of the Independent Review recommends that the existing Confidential Reporting on Structural Safety (CROSS) be extended and strengthened to cover a wider range of engineering safety concerns. This section will contribute to the fulfilment of this recommendation whilst retaining flexibility for another person to operate the voluntary occurrence reporting scheme.
175. The system of voluntary reporting of information about building safety is intended to promote a positive culture within safety management systems.
176. Reports will be received, anonymised, and then analysed and published by the person operating the system. Reports will be made on all buildings including those which are not higher-risk buildings. Safety occurrences which cause a significant risk to life safety in higher-risk buildings must be reported through mandatory occurrence reporting. Voluntary occurrence reporting is not intended to be used for enforcement action, but should confidentially capture occurrences that are of a lower risk level and are of value to industry for information sharing, intelligence gathering and improvement of safety within the built environment.
177. Guidance will be provided to set out what can be reported under the voluntary occurrence reporting system. The specified manner of reporting is envisaged to be via an online portal.

     Example During a concrete pre-pour quality inspection on the 4th floor of an apartment block, shear links to a slab over one column are found to be at the incorrect spacings. The issue is resolved immediately on site and doesn’t present a significant risk to life safety here, but a similar issue could be present but undetected on other sites and present a bigger danger elsewhere. The person working on the incident reports it through the voluntary occurrence reporting system, where it is then analysed, anonymised and published by the person operating that system. By voluntarily reporting this issue the important details and lessons learned are shared with industry. This release of intelligence would increase industry awareness of the issue and enable workers to better identify and resolve it should it occur elsewhere, averting danger that may otherwise have gone unnoticed.

Committees

Section 9: Building Advisory Committee

Effect

178. Section 9 sets out a duty for the Building Safety Regulator to set up an advisory committee. The name of this new committee will be the Building Advisory Committee. This committee will provide advice and information to the Building Safety Regulator in relation to its functions, other than issues of competence of persons within the building industry or registered building inspectors.
179. The existing Building Regulations Advisory Committee for England is to be abolished.

Background

180. This is a new provision, and is in addition to the general powers to set up committees relating to building functions and pay committee members under new section 11A of the Health and Safety at Work etc. Act 1974.
181. The Independent Review recommended that the Government should create a new structure to validate and assure guidance, oversee the performance of the built environment sector and provide expert advice.

     Example The Building Safety Regulator exercises its duty and sets up an advisory committee called the Building Advisory Committee. In carrying out its functions, the Building Safety Regulator identifies an emerging issue relating to the safety of buildings in Part B of the guidance to the Building Regulations which requires consideration and potentially some form of action. In assessing the issue, the Building Safety Regulator asks the Building Advisory Committee for advice on the matter. The Building Advisory Committee investigates the issue and provides the Building Safety Regulator with expert advice. The Building Safety Regulator considers this technical advice and uses this information to help make an informed recommendation to improve Part B guidance to the Building Regulations.

Section 10: Committee on industry competence

Effect

182. Subsection (1) requires the Building Safety Regulator to establish an industry competence committee and provide support as necessary (for instance by providing the secretariat function).
183. Functions of the committee may include other matters but must include the functions set out in subsection (2), which include monitoring industry competence and facilitating its improvement, advising the Building Safety Regulator and others about industry competence, and providing guidance on industry competence.
184. The Building Safety Regulator may set up sub-committees of the committee, to consider specific issues or areas of interest.

Background

185. This is a new provision that will require the Building Safety Regulator to establish an industry competence committee with the functions specified in this section. This is in addition to the general powers to set up committees relating to building functions and pay committee members under new section 11A of the Health and Safety at Work etc. Act 1974.
186. The Independent Review identified that the current landscape for ensuring competence is fragmented, complex and inconsistent - different disciplines have various routes for assessing competence which are not always clear or consistent. The Review recommended that the built environment industry should work together to develop proposals for a system for competence oversight, which include the establishment of an industry-led committee within the Building Safety Regulator to ensure a consistent approach to improving competence across industry.

     Example 1: Advising the Building Safety Regulator The Building Safety Regulator has appointed an industry competence committee as required by this provision. The committee provides advice to the Building Safety Regulator as the Regulator develops statutory guidance to the industry advising on how to comply with the legal requirements for industry competence. The committee also provides wider advice to the Building Safety Regulator on competence to support the Building Safety Regulator’s wider industry competence function. The committee oversees, advises and monitors the built environment sector in relation to competence requirements for higher-risk buildings, which could include reviewing sector-specific competence frameworks against the benchmark competence standard (currently being developed by British Standards Institution), and makes recommendations for improvements. It publishes non-statutory guidance on the competence frameworks and advice and guidance for actors in the system to help them determine competence, and to signpost schemes or registers which the committee has assessed as meeting the overarching competence framework standard. Example 2: Working with stakeholders The committee convenes stakeholders to enhance competence within industry. This provides a forum for industry to work collaboratively to monitor, refresh and review competence frameworks and to drive competence more widely. Example 3: Research and analysis The committee carries out research and analysis to support all of the above work. One example could be an analysis of the effectiveness of the competence schemes operated in various sectors and whether there are gaps that need to be addressed for any particular sector.

Section 11: Residents’ panel

Effect

187. This section requires the Building Safety Regulator to establish a committee known as the residents’ panel. The purpose of the panel is to ensure that residents have a voice in the work of the Building Safety Regulator, and the Building Safety Regulator has a broad power to consult the residents’ panel on any of its functions which impact the residents of higher-risk buildings.  
188. The panel must include residents, and may also have members from the following groups: owners of residential units (e.g. flats) in higher-risk buildings who are not occupying the property (who could, for example, be impacted by expenses relating to the higher-risk building); and groups or organisations which are representative of residents and/or non-occupying leaseholder owners, advocate for them or support them. The representative group could be a member of the panel as a body, or the member of the panel could be an individual member of such representative bodies (expected to be experts or representatives nominated by that body). 
189. The Building Safety Regulator must take all reasonable steps to secure the representation of the interests of disabled residents of higher-risk buildings on its Residents’ Panel. The Regulator could achieve this by ensuring the committee includes one or more residents of higher-risk buildings who are disabled, appointing a body to the panel who sends their most appropriate representative from time to time or nominating individual members of such representative bodies (expected to be experts or representatives nominated by that body). These bodies and representatives must be those which will support or promote the interests of disabled people including residents of higher-risk buildings 
190. The Act also requires that the Building Safety Regulator must consult the residents’ panel on certain matters which it is expected would be of particular interest and importance for residents of higher-risk buildings, specifically: 
     • Under this section, the residents’ panel must be consulted on guidance to residents on their rights and obligations under the new regulatory regime for higher-risk buildings in occupation. 
     • Under this section, the residents’ panel must be consulted on guidance relating to any duties under section 89 (provision of information etc. to the regulator, residents and other persons) where the guidance is about information provision to residents. 
     • Under this section, the residents’ panel must also be consulted on guidance relating to section 91 (residents’ engagement strategy), section 92 (requests for further information), section 93 (complaints procedure operated by the principal accountable person), section 95 (duties on residents and owners) or regulations made under any of those Sections. 
     • Section 17 requires that the Building Safety Regulator must consult the residents’ panel on its strategic plan. 
     • Section 94 requires that the regulator consult the residents’ panel on its system for dealing with complaints from residents that are escalated to the Building Safety Regulator.  

191. Section 11 should also be read alongside section 20, which requires the Building Safety Regulator to publish an annual statement on how it engages with the residents’ panel, in addition to any other wider engagement with residents and related groups. 

Background

192. This is a new provision. The provision reflects that the Independent Review found that trust in the building regulation and fire safety system needs to be rebuilt, with resident involvement and engagement placed at the heart of the new system. This is in addition to the general powers to set up committees relating to building functions and pay committee members under new section 11A of the Health and Safety at Work etc. Act 1974.
193. Having in place a residents’ panel will ensure that residents are able to contribute to key policy changes related to residents made by the Building Safety Regulator and also empower the Building Safety Regulator to call on the expertise of the residents’ panel for insight and support, wherever necessary.
194. Disabled residents may be particularly vulnerable if there is a major incident in a high-rise residential building. Therefore, specific provision is made to help ensure that the Building Safety Regulator seeks representation from disabled residents (or bodies that represent them). 

Section 12: Committees: power to amend or repeal

Effect

195. Section 12 enables the Secretary of State to amend the provisions creating the three statutory committees (the Building Advisory Committee, the committee on industry competence and the residents’ panel), and to make consequential changes to the Act itself, by regulations subject to the affirmative procedure. Regulations to repeal a committee are only able to be brought forward by Ministers following a proposal by the Building Safety Regulator to the Secretary of State.

Background

196. Section 9, section 10 and section 11 of this Act make provision for the creation of a Building Advisory Committee, a committee on industry competence, and a residents’ panel.
197. The Building Safety Regulator has general powers to set up committees and change their remit over time under new section 11A(3) of the Health and Safety at Work etc Act 1974. The Government expects the role of the Building Advisory Committee, the committee on industry competence and the residents’ panel to evolve over time. These three committees could have been set up under this general power to allow for this flexibility, without any specific provision on the face of the Act.
198. However, given the importance of these committees to the delivery of the reforms recommended by the Independent Review, the Government concluded that the role of the committees should be made clear in legislation, and any future changes in the role of the committees overseen by Parliament through this delegated power.
199. Repeal of the provision for a statutory committee would be a particularly important and sensitive use of the this delegated power and is intended to be used solely to assist the Building Safety Regulator deliver its functions effectively. Therefore, regulations to repeal a statutory Committee can only be brought forward following a proposal by the Building Safety Regulator to the Secretary of State.

     Example Over time the role and function of these committees and the Building Safety Regulator itself could change, for example if the scope of the more stringent regulatory regime changes. In such instances, the effective working of the Building Safety Regulator could be supported by a change in the remit or membership of the committees, or their replacement with a more effective alternative. The use of this power in relation to the three committees could involve: In relation to the Building Advisory Committee, the regulation-making power could be utilised once the Building Safety Regulator and industry have matured, and their experience means they are able to adapt their respective roles in developing proposals for guidance and regulations . In relation to the committee on industry competence, the Government considers that the committee’s role will be essential in the coming years to ensure the delivery of the Independent Review’s recommendations on industry competence. The long-term objective of the policy is that the built environment industry will mature to the point where it can take on greater responsibility for its own standards-setting and competence oversight. Therefore, the eventual repeal of the committee on industry competence provisions could be an indication of success. In relation to the residents’ panel, the provisions would need to be reviewed if there are major changes in the scope of the higher-risk buildings regime. For example, if hospitals were brought into scope of the Part 4 occupation regulatory regime, consideration would be given as to whether to extend the panel to include patients and NHS staff, and representatives of those groups. In those circumstances the consequential amendments power might also be used to amend section 20.

Staffing etc

Section 13: Local authorities and fire and rescue authorities: assistance etc to regulator; Section 14: FSO authorised persons: assistance etc to regulator; and Section 15: Provision of assistance etc: supplementary

Effect

200. Section 13 enables the Building Safety Regulator to call on assistance from local authorities and fire and rescue authorities when regulating higher-risk buildings. It ensures that local authorities and fire and rescue authorities have the legal power to provide assistance requested by the Building Safety Regulator.
201. These provisions also extend to the provision of local authority support to the Building Safety Regulator, when the Building Safety Regulator acts as building control authority for a non-higher-risk building (notably in a mixed development including a higher-risk building).
202. This section enables the Building Safety Regulator to direct a local authority or fire and rescue authority to provide support requested under that section. This section includes safeguards, which are intended to ensure that direction of these independent bodies (who are subject to democratic local accountability) is not undertaken lightly:
     • Before making a direction, the Building Safety Regulator must first make a formal, written request to the local authority or fire and rescue authority setting out the reason why the assistance is being requested. The local authority or fire and rescue authority must be given the opportunity to consider whether it can provide the assistance requested, or to give reasons why this is not possible.
     • If the local authority or fire and rescue authority does not undertake the requested activity, the Building Safety Regulator may direct the relevant authority to do so. The Building Safety Regulator must have considered any reasons provided by the authority for not undertaking the activity, still consider it expedient for the authority to undertake the activity and have secured the consent of the Secretary of State for the direction.

203. Section 14 enables the Building Safety Regulator to call on assistance from Crown Premises Fire Safety Inspectors, appointed by the Secretary of State under the Fire Safety Order as "FSO authorised persons", when regulating higher-risk buildings. It ensures that these FSO authorised persons have the legal power to provide assistance requested by the Building Safety Regulator. This provision is intended to be used for Crown premises within scope of the Part 4 occupation regime.
204. This section does not contain a power to direct because FSO authorised persons are Crown servants. If a request for support by the Building Safety Regulator were not agreed and the Building Safety Regulator considered securing such support from FSO authorised persons to be essential, the Building Safety Regulator may approach the Secretary of State to request their assistance.
205. Section 15 makes further provisions in relation to the assistance to be provided by local authorities, fire and rescue authorities and FSO authorised persons. This section enables appropriate funding to be provided for the activity requested from local authorities and fire and rescue authorities, and any activity necessary to support this.
206. This section achieves this by enabling funding to be provided both through grants from the Secretary of State and enabling regulations to be made setting out how the Building Safety Regulator would reimburse local authorities and fire and rescue authorities for costs incurred in supporting it. FSO authorised persons are Crown servants and can be supported administratively by the Government without further legislation.
207. This section places a duty on fire and rescue authorities and local authorities to use competent staff when supporting the Building Safety Regulator. The Secretary of State will ensure that FSO authorised persons are sufficiently competent.
208. This section also enables the Secretary of State to make regulations in respect of the provision of support by local authorities, fire and rescue authorities, or FSO authorised persons to the Building Safety Regulator.

Background

209. Section 13, section 14 and section 15 are new provisions.
210. The Independent Review found that major regulatory decisions on higher-risk buildings could be improved by bringing together Health and Safety Executive expertise, local authority building control expertise (and where appropriate, expertise from the private sector) and fire safety expertise from fire and rescue authorities. Section 13 and section 14 are intended to enable the Building Safety Regulator to secure the involvement of local authorities and fire and rescue authorities in decision-making, to secure the objectives of the Independent Review.
211. For Crown premises, FSO authorised persons (otherwise known as Crown Premises Fire Safety Inspectors) act as the enforcement authority under the Fire Safety Order (see article 25(1)(e)). Therefore, it is appropriate that for Crown premises within scope of the regime, the Building Safety Regulator works closely with FSO authorised persons in decision-making on those buildings.

     Example When the Building Safety Regulator acts as the building control authority for higher-risk buildings, the Building Safety Regulator can use these provisions to put in place a "multi-disciplinary team" including a fire safety expert from the relevant Fire and Rescue Service (or a FSO authorised person for Crown premises) and a building control specialist from the relevant local authority. Before taking key regulatory decisions such as agreeing that construction can start after reviewing full plans at Gateway two, the Building Safety Regulator would be able to take expert advice from the fire and rescue authority and local authority. Under its general powers (notably new section 11A Health and Safety at Work etc. Act 1974), the Building Safety Regulator could also secure expertise from the private sector (where appropriate) to support the work of the multi-disciplinary team. The power to direct would be used in exceptional circumstances. Local authorities and fire and rescue authorities will be under duties to cooperate with the Building Safety Regulator (and it with them) under Schedule 3 in respect of the Building Safety Regulator’s building functions for higher-risk buildings and any relevant function of the authorities. It is expected that the Building Safety Regulator will work cooperatively with fire and rescue authorities and local authorities to secure support from them. If the local authority or fire and rescue authority in the area where the higher-risk building is located is unable to provide support, the Building Safety Regulator could seek support from other fire and rescue authorities and local authorities whose capability is less stretched, or from the private sector. If there were a consistent problem with a fire and rescue authority or local authority not being able to provide support (for instance an unwillingness to employ any staff with the requisite competence), the Building Safety Regulator might consider that direction was necessary to secure its ability to effectively regulate higher-risk buildings in that area.

Section 16: Guidance about the provision of assistance

Effect

212. Section 16 enables the Building Safety Regulator to prepare guidance aimed at local authorities, fire and rescue authorities and FSO authorised persons about how they provide assistance to the Building Safety Regulator in the regulation of higher-risk buildings under section 13, section 14 and section 15. Local authorities, fire and rescue authorities and FSO authorised persons must have regard to such guidance, which can be issued only with the consent of the Secretary of State.

Background

213. This is a new provision.

     Example The guidance could set out what type of competence (skills, knowledge, experience and behaviours) should be demonstrated by local authority building control specialists, when supporting the Building Safety Regulator’s work on any complex and higher-risk construction projects, and in order to comply with the requirements around competence in section 15.

Plans and reports

Section 17: Strategic plan; and Section 18: Revised strategic plans

Effect

214. Section 17 creates a requirement for the Building Safety Regulator to produce a strategic plan specifying how the Building Safety Regulator proposes to carry out its building functions during the period to which the plan applies.
215. Given that residents are intended to be at the heart of the new regulatory system, the Building Safety Regulator must consult its residents’ panel on the draft plan (and any other persons it considers appropriate) before seeking approval for the plan from the Secretary of State.
216. Once approved by the Secretary of State, the plan must be published and adhered to by the Building Safety Regulator. The first plan must be submitted by the Building Safety Regulator to the Secretary of State for approval as soon as reasonably practicable following the commencement of section 17. A new plan must be submitted to the Secretary of State before the period covered by the existing plan finishes.
217. Section 18 provides that a strategic plan may be revised at any time. The Building Safety Regulator may submit a revised plan for the Secretary of State’s approval, or the Secretary of State may require that the Building Safety Regulator submit a revised plan. The revised plan must relate to the remainder of the period to which the current plan relates, or a period that the Secretary of State and the Regulator agree it should apply to. This ensures that should a major new risk to building safety be identified or a major incident occur which could require a change of priorities, the Secretary of State and Building Safety Regulator are able to put in place a revised plan to reflect those priorities.

Background

218. Section 11(5)(a)-(b) of the Health and Safety at Work etc. Act 1984 requires the Health and Safety Executive to submit particulars of what it proposes to do for the purposes of performing its functions, which must be approved by the Secretary of State and followed by the Health and Safety Executive. Under section 12(1) the Secretary of State may approve the Health and Safety Executive’s proposals with or without modifications.
219. Schedule 1, paragraph 2 excludes building functions from the requirement under section 11(5)(a)-(b) of the Health and Safety at Work etc. Act 1974 to ensure that this provision (section 17) applies exclusively to the Building Safety Regulator’s building functions. The rationale for creating a new requirement for a plan specifically relating to the Building Safety Regulator’s building functions is to reflect the importance and distinctiveness of the Health and Safety Executive’s new building functions, and to allow for the provision of consultation requirements (notably with the residents’ panel) appropriate to the building functions.

     Example The only specific requirement for the content of the strategic plan is that it must set out how the Building Safety Regulator proposes to carry out its building functions in the relevant period. The detail of the plan will be a matter for the Building Safety Regulator and Secretary of State to determine. The strategic plan will likely include information such as the Building Safety Regulator’s priorities for the period, its key performance and success criteria, and the key risks to delivery. For its health and safety functions, the Health and Safety Executive publishes a more detailed business plan for each year to support delivery of the plan agreed by Ministers. While not a statutory requirement, it is expected that the strategic plan may be supported by a more detailed annual business plan for the building functions.

Section 19: Annual report about information provided under mandatory reporting requirements

Effect

220. The new regulatory regime will require dutyholders to report certain information to the Building Safety Regulator on safety occurrences within higher-risk buildings as part of a mandatory occurrence reporting regime.
221. Section 19 requires the Building Safety Regulator to publish aggregated information it has received from dutyholders through mandatory occurrence reporting requirements on an annual basis. This section makes clear that information contained within the annual report must not contain any personal data.

Background

222. This is a new provision.
223. Recommendation 1.4 of the Independent Review makes clear that the outputs of mandatory reports (and statistical analysis of this data) should be publicly available. This section ensures that this information is made publicly available.

     Example: Information published as part of an annual report Information published as part of an annual report could include data on the number of reports received, the distribution of occurrences across different types of buildings, the prevalence of individual categories of occurrence, and interventions made by both dutyholders and the Building Safety Regulator to remediate hazards.

Section 20: Statement of regulator’s engagement with residents etc

Effect

224. Section 20 requires the Building Safety Regulator to produce a statement at least annually about how it has engaged with residents of higher-risk buildings and related groups about the work of the Building Safety Regulator. This statement must cover engagement with:
     • the residents’ panel (section 11);
     • residents of higher-risk buildings (the report must specifically include engagement with residents who are disabled);
     • owners of residential units (e.g. flats) in higher-risk buildings who are not occupying the property; and
     • organisations that represent, support or promote the interests of residents or owners.

225. The Building Safety Regulator may publish this statement within the Health and Safety Executive’s annual report, as required under paragraph 10(3) of Schedule 2 to the Health and Safety at Work etc. Act 1974. The Regulator could also publish the statement elsewhere.

Background

226. The provision reflects that the Independent Review found that trust in the building regulation and fire safety system needs to be rebuilt, with resident involvement and engagement placed at the heart of the new system. Disabled residents may be particularly vulnerable if there is a major incident in a higher-risk building. Therefore, specific provision has been made to ensure that the regulator seeks the views of disabled residents and is transparent about how, as the Building Safety Regulator, it engages disabled residents in its work.

     Example The Building Safety Regulator may consult with the residents’ panel and (on its advice) set up focus groups with a range of residents from across England to ensure that its advice to residents of higher-risk buildings is helpful to residents with different needs and vulnerabilities. The Building Safety Regulator can include this engagement in the statement. Transparency about this work would help build public confidence that the new regulatory regime has prioritised the safety of residents.

Section 21: Report on certain safety-related matters

Effect

227. This section requires the Building Safety Regulator to conduct reviews into four specific safety related matters within three years of the section coming into force.  
228. These reviews will be conducted with a view to improving the safety of persons in or about relevant buildings.
229. The regulator must conduct a review, including a cost-benefit analysis, of the following area:
     • Making regular inspections of, and testing and reporting on, the condition of electrical installations in relevant buildings.

230. The regulator must conduct a review, including a cost-benefit analysis, of the following areas and assess the need to make further provision, under the Building Act 1984, or in guidance, for:  
     • stairs and ramps in relevant buildings, and 
     • emergency egress of disabled persons from relevant buildings. 
     • Automatic water fire suppression systems in relevant buildings.

231. The regulator must prepare reports on the analysis and give them to the Secretary of State, who must then publish them.  

Background 

232. This is a new provision.  

     Example   The Building Safety Regulator prepares four individual assessments of measures to improve the safety of people in or about relevant buildings. These may contain recommendations to the Secretary of State to make changes to the Building Regulations and associated guidance. The assessments, including cost and benefit analysis, will then be published.

Enforcement

Section 22: Authorised officers

Effect

233. This section allows the Building Safety Regulator to authorise individuals so that they can exercise specified powers in relation to "relevant building functions" on behalf of the Building Safety Regulator. Authorisation can only be given where the person is considered by the Building Safety Regulator to be qualified to exercise the power. The Building Safety Regulator will provide the person with written proof of this authorisation, which they will be required to produce if asked.
234. "Relevant building functions" are all of the Building Safety Regulator’s enforcement-related functions, including building control functions under the Building Act 1984 and the function of enforcing the new occupation regime set out in Part 4 of this Act. This excludes the Building Safety Regulator’s general functions that do not have an enforcement element.
235. The powers available to authorised officers are found in Schedule 2 of this Act.

Background

236. The power set out in this section is designed to enable the effective functioning of the Building Safety Regulator’s functions in respect of higher-risk buildings. The Independent Review found that the regulation of higher-risk buildings could be improved by bringing together Health and Safety Executive expertise, local authority building control expertise (and where appropriate, expertise from the private sector) and fire safety expertise from fire and rescue authorities. Section 13 enables the Building Safety Regulator to secure the involvement of local authorities and fire and rescue authorities in its work on a higher-risk building.
237. In this framework, appropriately trained members of the Building Safety Regulator’s team will require powers to carry out functions on the Building Safety Regulator’s behalf. This is what this provision does.
238. The Building Safety Regulator will have discretion in designating different individuals to exercise different sets of powers, as some will have more competence and expertise than others. This will allow the Building Safety Regulator to assign the relevant powers to those persons who are qualified and equipped to exercise them.

     Example The Building Safety Regulator sets up a "multi-disciplinary team" to regulate the construction of a higher-risk building. The Building Safety Regulator requests assistance with building control matters from the local authority, which provides an appropriately trained building control expert to assist the Building Safety Regulator. The building control expert is designated with Building Safety Regulator powers to enter non-domestic premises without a warrant and to require information, documents etc. (powers under paragraphs 1 and 4 of Schedule 2). However, the Building Safety Regulator decides not to designate this individual with powers to obtain a warrant to enter premises (powers under paragraphs 2 and 3 of Schedule 2), as the individual has not been trained to draft and swear to an information for a justice of the peace. This building control expert, now designated as an authorised officer of the Building Safety Regulator, visits a building site to inspect the construction of the higher-risk building and ensure it complies with building regulations and with the plans and specifications submitted at Gateway 2. In accordance with subsection (4), if the site manager asks to see the authorised officer’s authorisation document, the authorised officer must produce it (or a duly authenticated copy).

Section 23: Authorised officers: offences

Effect

239. This section sets out the criminal offences of obstructing and impersonating authorised officers of the Building Safety Regulator. These offences are designed to protect the effective functioning and decision-making of the Building Safety Regulator by ensuring individuals do not impede the Building Safety Regulator’s operations.
240. Each of the offences has a different penalty to reflect the respective gravity of the offence.
241. The offences of obstructing and impersonating an authorised officer will be triable only in the magistrates’ court, with a maximum fine for obstruction of level 3 on the standard scale (currently £1000) (mirroring the offence of obstructing a police officer in section 89(2) of the Police Act 1996), while impersonation will carry an unlimited fine (mirroring the offence of impersonating a police officer in section 90(1) of the Police Act 1996).

Background

242. This section mirrors similar provisions supporting staff of other regulatory bodies such as the Food Standards Agency, Financial Conduct Authority and the Health and Safety Executive. These offences aim to protect staff of the Building Safety Regulator or those working on the Building Safety Regulator’s behalf, as well as residents and those subject to the regulator’s jurisdiction.
243. This is because obstruction could potentially disrupt or sabotage the operations of the Building Safety Regulator, which could adversely impact the safety of individuals in the building. In addition, those seeking unauthorised entry to dwellings could impersonate staff of the Building Safety Regulator to assist them in doing so.

     Example 1: Site obstruction The Building Safety Regulator has agreed an inspection plan for the construction of a higher-risk building with the relevant building owner and main contractors. When the officer arrives on the site, they find that they are obstructed from entering the building. The individual carrying out that obstruction can be prosecuted under this section. Example 2: Impersonation A person impersonates an authorised officer and contacts a building owner to obtain confidential information with intent to deceive, such as personal or financial details and resident information, for criminal purposes. This will engage the criminal offence and the person can be prosecuted.

Section 24: Provision of false or misleading information to the regulator

Effect

244. This section sets out the criminal offence of providing false or misleading information, in the circumstances described in subsection (1)(a)-(c), to the Building Safety Regulator. As with the previous section, this offence is designed to protect the effective functioning and decision-making of the Building Safety Regulator.
245. This section sets out that providing false or misleading information is triable in either a magistrates’ or the Crown court; the broad range of sentencing outcomes gives the courts options to address the different degrees of culpability possible with an offence where the mental element includes both intent and recklessness and the offence covers both false and misleading information. A person deliberately providing false information is different from a person providing misleading information, so the sentencing options available need to be equally disparate. If tried in a magistrates’ court, the offence will carry a maximum penalty of an unlimited fine and/or the maximum term of imprisonment permitted in a magistrates’ court as defined in section 29(1), i.e. 12 months (six months until the commencement of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020). If tried in the Crown court, the maximum penalty will be an unlimited fine and/or two years’ imprisonment.

Background

246. This section, as with section 22, mirrors similar provisions supporting staff of other regulatory bodies with the aim of protecting the staff of the Building Safety Regulator or those working on the Building Safety Regulator’s behalf. The offence exists primarily to deter the provision of false information, which could disrupt or sabotage the operations of the Building Safety Regulator, which in turn could adversely impact the safety of individuals in the building.

     Example: False claim of a building safety risk assessment In an application to the Building Safety Regulator for a Building Assessment Certificate, an Accountable Person falsely claims that a building safety risk assessment under section 83 has been carried out. Upon discovering that the assessment has not been carried out, the Building Safety Regulator will have a range of options, including issuing a compliance notice under section 99, but would also be able to take criminal proceedings against the Accountable Person under this section.

Reviews and appeals

Section 25: Review by regulator of certain decisions made by it

Effect

247. This section enables persons directly impacted by the Building Safety Regulator’s decisions to request a review of such decisions. Secondary legislation will set out the category of decisions that will be reviewable under this provision, the persons who can apply for review, and will detail the administrative requirements (for example form, period for submission) of such requests.
248. The Building Safety Regulator will assess the request against the circumstances to determine the extent of the review and how the review will take place.
249. Once the Building Safety Regulator comes to a decision to either uphold or vary the decision, it must notify the person in writing within the period specified in regulations or another agreed period.
250. This section will operate in conjunction with section 26. If the person is not content with the decision reached by the Building Safety Regulator’s review, they may appeal this decision to the First-tier Tribunal, within a prescribed period after the conclusion of the review.
251. The option to appeal to the First-tier Tribunal will not be available in the first instance, only after internal review by the Building Safety Regulator.

Background

252. This section is intended for certain types of regulatory decisions, such as refusal of Gateway applications. This does not include enforcement decisions, which will be appealable directly to the Tribunal.
253. This legislation will give the Building Safety Regulator powers to undertake building control functions for higher-risk buildings as well as powers to oversee the performance of other building control bodies in England. The Building Safety Regulator will thus have the power to take individual regulatory decisions.
254. As such, this provision intends to allow interested persons to make a direct request to the Building Safety Regulator for a review of its decision before appealing to the First-tier Tribunal. This aligns with existing guidance that parties may achieve quicker resolution if alternative dispute resolution procedures are adopted.

     Example Where the relevant dutyholders have submitted a full Gateway two application, with all of its constituent parts, the Building Safety Regulator finds some of these documents to be non-compliant and therefore does not approve the application to enable construction to begin. The developer lodges an internal review against the Building Safety Regulator’s decision within the period prescribed. The Building Safety Regulator decides the most appropriate form of review and how comprehensive the review will be. If the developer is not content with the final decision of the Building Safety Regulator, they can appeal that decision to the First-tier Tribunal.

Section 26: Right of appeal: requirement for review before appeal

Effect

255. This section specifies that where a decision by the Building Safety Regulator may be reviewed under section 25, it must first be lodged with the Building Safety Regulator’s internal review procedure and concluded before being appealed to the First-tier Tribunal.
256. Where a decision has been reviewed by the Building Safety Regulator and is varied, the right of appeal will apply to the varied decision and not the original decision made by the Building Safety Regulator.
257. Where an appeal is lodged in the First-tier Tribunal, this appeal will be in respect of the decision taken by the Building Safety Regulator at the end of the review and will take into account the representations made during the review.

Background

258. This section is designed to operate in conjunction with section 25.

     Example The example provided for section 25 is also applicable here.

Supplementary and general

Section 27 (and Schedule 3): Cooperation and information sharing

Effect

259. This section introduces Schedule 3, which creates the power for reciprocal information sharing between the Building Safety Regulator and other persons in connection with certain statutory functions. Schedule 3 also creates legal duties for the Building Safety Regulator and specified bodies to cooperate in connection with certain statutory functions. This section makes clear that information sharing gateways created by Schedule 3 over-ride duties of confidence, but do not over-ride data protection requirements.
260. Schedule 3 paragraph 2 creates new duties to cooperate between the Building Safety Regulator and local authorities, the Building Safety Regulator and fire and rescue authorities, and the Building Safety Regulator and FSO authorised persons, which apply in respect of certain statutory functions. The Building Safety Regulator is expected to work particularly closely with these bodies, and sections 13 and 14 specifically provide for these bodies to be able to support the Building Safety Regulator in undertaking certain of its functions.
261. Paragraph 2 also enables "relevant persons" (the Building Safety Regulator, local authorities, fire and rescue authorities and FSO authorised persons) to share information with one another in respect of certain statutory functions. The ability to share information is necessary to enable these bodies to cooperate effectively and to deliver their statutory functions in respect of buildings, for example when working together to deliver the Building Safety Regulator’s functions in respect of a higher-risk building.
262. Paragraph 2 enables the Secretary of State, through statutory instrument, to add to the list of "relevant functions" of local authorities and fire and rescue authorities to which these provisions apply. This reflects that there are a particularly wide range of potential operational interactions between the Building Safety Regulator (notably in relation to its responsibility for regulating higher-risk buildings), local authorities and the fire and rescue authorities. The Government does not believe that it can foresee all the functions where operational experience will demonstrate that cooperation and information sharing between the Building Safety Regulator and the other authorities would support effective delivery of those agencies’ statutory functions.
263. Schedule 3, paragraph 3 creates duties to cooperate and powers to share information between the Building Safety Regulator and ombudsmen. This is intended to ensure that:
     • complaints raised with the wrong organisation initially are promptly and effectively redirected to the right place;
     • there is effective joint working where there are several different aspects to a single complaint;
     • there is appropriate and timely information sharing to support the delivery of each other’s functions; and
     • the organisations work together in other areas of joint interest such as the production of joint guidance to help residents understand their respective roles and responsibilities.

264. Schedule 3 paragraph 4 enables the Building Safety Regulator and the Secretary of State to share information.
265. Schedule 3 paragraph 5 allows the Building Safety Regulator to share information with the police. The police may use this information only for specified purposes around the prevention, detection, investigation or prosecution of an offence, to support police functions relating to public health or public safety, or in support of national security.
266. Schedule 3 paragraph 6 is comprised of two delegated powers. The first (at paragraph 6(1)), relates to duties to cooperate, and enables the Secretary of State to create new duties to cooperate between the Building Safety Regulator and any public authority. The duty to cooperate would apply to building functions of the regulator and any prescribed function of the public authority. As the Building Safety Regulator’s functions relate to England only, the duty to cooperate would only extend to functions of the public authority in England.
267. The second (at paragraph 6(2)) relates to the disclosure of information and enables the Secretary of State to authorise relevant persons (the Building Safety Regulator, local authorities, fire and rescue authorities and FSO authorised persons) to reciprocally share information with another public authority for specified functions in England, with that public authority and the functions covered to be set out in regulations.
268. The purpose of these powers is to enable the Secretary of State, where circumstances require it, to create new duties to cooperate and new information sharing gateways, to ensure that the functions of the various public authorities involved can be discharged effectively. Two circumstances which could justify the use of these powers are:
     • If evidence necessitated a change to the scope of the higher-risk regime, such that it is essential that the Building Safety Regulator cooperates with further regulators with overlapping (or otherwise relevant) responsibilities for those buildings.
     • If further ombudsman or redress schemes are set up, in addition to those listed in paragraph 3(5) to Schedule 3, where it is important that the Building Safety Regulator and the ombudsman cooperate and are able to share information.

269. The second (at paragraph 6(2)) relates to the disclosure of information and enables the Secretary of State to authorise relevant persons (the Building Safety Regulator, local authorities, fire and rescue authorities and FSO authorised persons) to reciprocally share information with another public authority for specified functions, with that public authority and the functions covered to be set out in regulations.
270. The purpose of this delegated power enables the Secretary of State to create information sharing pathways for relevant persons and any other prescribed public authority to support the effective delivery of their respective functions. Two circumstances which could justify the use of this power are:
     • If evidence necessitated a change to the scope of the higher-risk regime, such that it is essential that the Building Safety Regulator cooperates and shares information with further regulators with overlapping (or otherwise relevant) responsibilities for those buildings.
     • If further ombudsman or redress schemes are set up, in addition to those listed in paragraph 3(5) to Schedule 3, where it is important that the Building Safety Regulator and the ombudsman cooperate and are able to share information.

Background

271. This section and Schedule 3 are new provisions.
272. The duties to cooperate and powers to share information set out in section 27 and Schedule 3 are designed to foster a culture of joint working between the Building Safety Regulator and other regulators and enforcement bodies operating in the same regulatory landscape (with functions relevant to building standards and safety), to support one another to discharge their statutory functions effectively.
273. Schedule 3 paragraph 4 is specifically designed to make it easier for residents to have their safety concerns addressed effectively and help improve complaints handling for residents of all tenures by making sure that complaints quickly get to the right organisation for consideration and action.

     Example 1: Local authorities and the Building Safety Regulator During the course of a local authority environmental health team’s inspection, the team identify a building safety risk in connection with a higher-risk building. Relying on the duty to cooperate and the power to share information, the local authority shares information about the risk with the Building Safety Regulator, and they work together to ensure appropriate action is taken to manage and mitigate the risk identified, using whichever organisation’s expertise and powers are best suited to resolving the issue. Example 2: Fire and rescue authorities and the Building Safety Regulator A fire and rescue authority identifies a breach of the Regulatory Reform (Fire Safety Order) 2005, which indicates the potential for a similar breach in the new regulatory regime in relation to occupation of a higher-risk building. Relying on the duty to cooperate and the power to share information, the fire and rescue authority shares information about the issue with the Building Safety Regulator and the two organisations work together to ensure appropriate action is taken to deal with the breach and mitigate any risk to safety, using whichever organisation’s expertise and powers are best suited to resolving this issue. Example 3: Ombudsman and the Building Safety Regulator A resident of a higher-risk building in the social sector has an urgent safety concern about a faulty fire alarm system that their Accountable Person has not resolved. They do not realise that this should be escalated to the Building Safety Regulator for consideration and investigation and send the complaint to an Ombudsman by accident. The duty of cooperation is designed to make sure that in such a case the ombudsman on receipt will quickly redirect the complaint and the supporting information to the Building Safety Regulator for consideration and work together with them if there are other aspects to the complaint that are appropriate for the Ombudsman to consider.

Section 28: Fees and charges

Effect

274. This section allows the Secretary of State to make regulations allowing the Building Safety Regulator to charge fees and recover charges in relation to its functions under Part 2 of the Act, its functions under Part 4 of the Act (in relation to the new regulatory regime for higher-risk buildings in occupation), and its functions under the Health and Safety At Work etc Act 1974. Subsection (5) enables the Secretary of State to approve commercial charging by the Building Safety Regulator.

Background

275. This is a new provision.
276. The Independent Review recommended that the regulator for higher-risk buildings be funded through a full cost recovery approach. It is appropriate that regulations can make provisions for fees to be charged for Building Safety Regulator activities to support this policy objective in respect of higher-risk buildings, and for fees to be charged where appropriate for other functions.
277. This provision should be read alongside section 57, which enables the Secretary of State to make regulations enabling the Building Safety Regulator (and other public authorities) to charge for their functions under the Building Act 1984 and regulations made under it.

     Example It is expected that regulations would be made under this power to set out fees to be charged to Accountable Persons or other dutyholders for costs incurred regulating against the new more stringent regime for higher-risk buildings in occupation. The fees regulations could provide details of when a fee or charge is payable, by whom, what it is payable for, what triggers the charge, and to set applicable hourly rates and application fees, including potentially different hourly rates for the work of different types of inspector or expert. Subsection (5) is intended to be used where the Building Safety Regulator shares expertise with international partners and will be used only with the consent of the Secretary of State and in line with Government guidance on charging.

Section 29: Service of documents

Effect 

278. This section makes provision for the service of documents (whether physical or electronic) in respect of Parts 2 and 4 of the Act and regulations made under them; service of documents in respect of the Building Act 1984, as amended by Part 3 of the Act, is dealt with in section 94 of that Act (which is itself amended by Schedule 5 to this Act to modernise the provision and take account of the regulator’s role as a building control authority).

Background 

279. This section makes provision that is essentially the same as section 94 of the Building Act 1984, updated to reflect technological developments related to the electronic service of documents.

Section 30: Interpretation of Part 2

Effect

280. This section provides key definitions used in Part 2 of the Act.