Building Safety Act 2022 (c. 30)

Part 2 U.K. The regulator and its functions

Plans and reports E+W

17 Strategic plan E+W

(1) The regulator must—

(a) prepare a strategic plan, and

(b) submit it to the Secretary of State for approval.

(2) A “strategic plan” is a plan setting out how the regulator proposes to carry out its building functions in the period to which the plan relates.

(3) Before submitting it, the regulator must consult—

(a) the committee mentioned in section 11 (residents’ panel), and

(b) such other persons as the regulator considers appropriate.

(4) The Secretary of State may approve the plan, with or without modifications.

(5) Before approving the plan with modifications, the Secretary of State must consult the regulator.

(6) The regulator must publish the approved plan, and act in accordance with it.

(7) The first plan—

(a) must be submitted as soon as reasonably practicable after this section comes into force, and

(b) must relate to a period ending with the third 31 March to occur after the day on which it is submitted.

(8) If the committee mentioned in section 11 has not been established at the time the first plan is prepared—

(a) subsection (3) has effect as if it did not require the committee to be consulted before the plan is submitted, and

(b) the committee must be consulted in relation to the first approved plan as soon as reasonably practicable.

(9) Any other plan—

(a) must be submitted before the end of the period to which the most recent approved plan relates (“the current period”), and

(b) must relate to the period of three years, or such other period as the Secretary of State and the regulator may agree, beginning immediately after the end of the current period.

Commencement Information

I1 S. 17 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I2 S. 17 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(c) (with reg. 6)

18 Revised strategic plans E+W

(1) This section supplements section 17.

(2) The regulator may at any time in the period to which a plan relates—

(a) prepare a revised plan relating to the remainder of that period (or to such other period as the Secretary of State and the regulator may agree), and

(b) submit it to the Secretary of State for approval.

(3) The Secretary of State may at any time during the period to which a plan relates require the regulator to submit a revised plan for approval.

(4) Where such a requirement is made, the revised plan—

(a) must be submitted as soon as reasonably practicable, and

(b) must relate to the remainder of the period to which the current plan relates (or to such other period as the Secretary of State and the regulator may agree).

(5) Section 17(3) to (6) apply in relation to a revised plan.

(6) If approved, the revised plan replaces the current plan.

(7) In this section—

• “current plan” means the first plan mentioned in subsection (2) or (3) (as the case may be);

• “plan” means a strategic plan as defined by section 17.

Commencement Information

I3 S. 18 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I4 S. 18 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(c) (with reg. 6)

19 Annual report about information provided under mandatory reporting requirements E+W

(1) As soon as reasonably practicable after the end of each financial year, the regulator must prepare and publish a report about the information provided to it during that year pursuant to the mandatory reporting requirements.

(2) For this purpose, information is provided pursuant to the “mandatory reporting requirements” if it is provided under—

(a) section 87 (duty of accountable person to report to regulator), or

(b) any provision of building regulations that is prescribed by the regulations for the purposes of this section.

(3) A report under this section must not contain personal data.

Commencement Information

I5 S. 19 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I6 S. 19 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(c)

20 Statement of regulator’s engagement with residents etc E+W

(1) The regulator must, at least once each financial year, publish a statement about its engagement with—

(a) the committee mentioned in section 11 (residents’ panel),

(b) residents of higher-risk buildings,

(c) owners of residential units in higher-risk buildings, and

(d) bodies that represent, support or promote—

(i) the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or

(ii) the interests of persons including any description of such residents or owners.

(2) A statement under subsection (1) must, in particular, include information about the regulator’s engagement with residents of higher-risk buildings who are disabled.

(3) A statement under subsection (1) may be published by including it in the regulator’s annual report.

(4) In this section—

• “annual report” means the report made under paragraph 10(3) of Schedule 2 to the Health and Safety at Work etc Act 1974;

• “higher-risk building” means—

  (a)

  a higher-risk building within the meaning of Part 4, or

  (b)

  a higher-risk building within the meaning of the Building Act 1984.

Commencement Information

I7 S. 20 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I8 S. 20 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(f)

21 Report on certain safety-related matters E+W

(1) Before the end of the period of three years beginning when this section comes into force, the regulator must—

(a) carry out a cost-benefit analysis of making regular inspections of, and testing and reporting on, the condition of electrical installations in relevant buildings;

(b) consider what further provision under the Building Act 1984, or in guidance under that Act, may be made about—

(i) stairs and ramps in relevant buildings,

(ii) emergency egress of disabled persons from relevant buildings, and

(iii) automatic water fire suppression systems in relevant buildings,

with a view to improving the safety of persons in or about relevant buildings, and carry out a cost-benefit analysis of the making of that provision.

(2) Before the end of that period, the regulator must—

(a) prepare one or more reports about the analysis mentioned in subsection (1) (which may also contain recommendations), and

(b) give them to the Secretary of State.

(3) The Secretary of State must publish any report received under subsection (2).

(4) In this section “cost-benefit analysis” means—

(a) an analysis of the costs together with an analysis of the benefits that will arise if the things mentioned in subsection (1)(a) are done or the provision mentioned in subsection (1)(b) is made, and

(b) an estimate of those costs and of those benefits (subject to subsection (5)).

(5) If, in the opinion of the regulator—

(a) the costs or benefits cannot reasonably be estimated, or

(b) it is not reasonably practicable to produce an estimate,

the cost-benefit analysis need not estimate them, but must include a statement of the regulator’s opinion and an explanation of it.

(6) In this section—

• “electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer’s side of the electricity supply meter;

• “relevant building” means a residential building or any other kind of building that the regulator considers appropriate.

Commencement Information

I9 S. 21 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I10 S. 21 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(d)