The Building Safety Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022

Citation and interpretation

1.—(1) These Regulations may be cited as the Building Safety Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022.

(2) In these Regulations—

“the 1984 Act” means the Building Act 1984(1); and

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

Provision coming into force on 28th May 2022

2.  Section 132 of the 2022 Act (order for information in connection with building liability order) comes into force, for the purposes of making regulations, on 28th May 2022.

Provisions coming into force on 28th June 2022

3.  The following provisions of the 2022 Act come into force on 28th June 2022—

(a) section 2(2) and Schedule 1 (amendments of the Health and Safety at Work etc Act 1974(2));

(b) section 3 (the regulator: objectives and regulatory principles);

(c) sections 17 and 18 (strategic plan);

(d) section 31, so far as it relates to sections 120D to 120H of the 1984 Act (higher-risk buildings: England);

(e) section 41 (revocation etc of certain provision made under section 2(2) of the European Communities Act 1972(3)), in relation to England only;

(f) section 55, so far as it relates to the paragraphs of Schedule 5 (minor and consequential amendments in connection with Part 3 of the 2022 Act) specified in the Schedule to these Regulations, in relation to England only;

(g) section 57 (fees and charges), in relation to England only;

(h) sections 130 and 131 (building liability orders); and

(i) section 132 (order for information in connection with building liability order), for all remaining purposes.

Provision coming into force on 28th July 2022

4.  Section 48 of the 2022 Act (insurance: removal of requirements) comes into force on 28th July 2022, in relation to England only.

Provision coming into force on 1st October 2022

5.  Section 160 of the 2022 Act (housing complaints made to a housing ombudsman) comes into force on 1st October 2022.

Transitional provision

6.  For the purposes of the first strategic plan prepared under section 17 of the 2022 Act, and any revision to that plan under section 18 of the 2022 Act, the term “building functions” in section 17(2) is to be read as including any function which the regulator is satisfied is likely to become a building function during the period to which the plan relates.

Saving provisions

7.—(1) Notwithstanding the repeal of paragraphs 5 and 9 of Schedule 1 to the 1984 Act by paragraphs 83(3) and (7) of Schedule 5 to the 2022 Act, any provisions of the following regulations (as in force immediately before the coming into force of the repeal) made under paragraphs 5 or 9 of Schedule 1 to the 1984 Act continue in force and have effect as if made under section 105B of the 1984 Act and may be varied or revoked accordingly—

(a) the Building (Inner London) Regulations 1985(4);

(b) the Building (Inner London) Regulations 1987(5);

(c) the Building (Local Authority Charges) Regulations 2010(6);

(d) the Building Regulations 2010(7); and

(e) the Building (Approved Inspectors etc.) Regulations 2010(8).

(2) Notwithstanding the repeal of section 106(3) of the 1984 Act by paragraph 67 of Schedule 5 to the 2022 Act, section 106(3) continues to have effect in any case where an application under that provision has been made to a magistrates’ court before the coming into force of the repeal.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Stuart Andrew

Minister of State

Department of Levelling Up, Housing and Communities

19th May 2022