The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023

PART 2 The Register of Higher-Risk Buildings

Content

3.  The register must contain the following information in relation to each higher-risk building on the register—

(a) the registration information,

(b) any copy certificate required in regulation 18(1)(d),

(c) the date of issue of any building assessment certificate(1), and

(d) where applicable, the date that any special measures order(2) is made or discharged.

Updating information

4.  The PAP must provide to the regulator, within the period of 14 relevant days beginning with the day that the PAP becomes aware of a change—

(a) any change to the registration information provided to the regulator,

(b) any copy certificate required in regulation 18(1)(d) of these Regulations, where a certificate becomes available that is more recent than the one provided to the regulator.

5.  The regulator must update the register, as it considers necessary, within the period of 14 relevant days beginning with the relevant day that—

(a) the regulator receives information or copy certificate pursuant regulation 4;

(b) the regulator gives a building assessment certificate;

(c) the regulator receives any information pursuant to regulations made under section 90(4) (provision of information etc on change in accountable person) of the 2022 Act;

(d) a special measures order is made or discharged.

Circumstances for removing a building entry

6.  The regulator may remove a higher-risk building from the register where—

(a) a PAP makes a written request to the regulator in accordance with regulation 7, or

(b) there is no request, on the regulator’s own initiative.

Request of PAP to remove a building entry

7.—(1) Where a PAP for a building considers that the building is or will not be occupied or the building is or will not be a higher-risk building, the PAP must make a request to the regulator to remove the building from the register.

(2) With regard to any request that the PAP makes in accordance with paragraph (1) the PAP must include—

(a) their name, address and contact details,

(b) an explanation of why the PAP considers that the building is not or will not be occupied or the building is or will not be a higher-risk building, and

(c) where there is more than one AP for the building, a declaration confirming that all other APs for the building have been sent a copy of the request(3).

Notice of removal of building entry

8.—(1) Where the regulator decides to remove a building from the register (“the removal”) the regulator must, before effecting the removal, give notice of its decision to all APs for the building.

(2) A notice under paragraph (1) may be in electronic form and must—

(a) be in writing,

(b) give a summary of the reasons for the removal, and

(c) inform the recipient of the notice of the right to a review of and appeal against the removal decision(4).

Duty-holders

9.—(1) In relation to regulations 6 and 7, “ PAP” includes a person who would be a PAP for the building if the building were a higher-risk building.

(2) In relation to regulation 8 of these Regulations, “AP” includes a person who would be an AP for the building if the building were a higher-risk building.

(1)

See definition of “building assessment certificate” in section 81(1)(a) of the 2022 Act.

(2)

See definition of “special measures order” in paragraph 1 of Schedule 7 of the 2022 Act.

(3)

See section 109 (cooperation and coordination) of the 2022 Act.

(4)

See sections 25 and 26 (reviews and appeals) and sections 104 to 107 (appeals etc.) of the 2022 Act.