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The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023

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Mandatory reporting requirements

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6.—(1) The circumstances prescribed for the purposes of section 87(1) of the 2022 Act are that a safety occurrence has taken place in the part of the building for which the AP is responsible.

(2) The information prescribed for the purposes of that subsection is as follows—

(a)a notice that the safety occurrence has taken place, containing a brief description of the nature of the safety occurrence and the address of the building in which it took place;

(b)a report containing—

(i)the date and time of the safety occurrence,

(ii)the date and time the safety occurrence was first notified to the regulator,

(iii)the date of submission of the report to the regulator,

(iv)the address of the building at which the safety occurrence took place,

(v)the name, address, telephone number and email address of the AP making the report,

(vi)the details of the safety occurrence, including—

(aa)whether any persons were injured or killed as a result of the safety occurrence,

(bb)details of any recent building work,

(cc)details of how the safety occurrence was discovered,

(vii)a description of the measures taken to mitigate or remedy the safety occurrence,

(viii)details of any wider impact or other considerations.

(3) The time prescribed for the purposes of that subsection is as follows—

(a)the AP must give the notice mentioned in paragraph (2)(a) as soon as reasonably practicable after the occurrence has taken place;

(b)the AP must give the report mentioned in paragraph (2)(b) within the period of 10 days beginning with the day on which the safety occurrence came to the AP’s attention.

(4) The requirements for a mandatory occurrence reporting system with which a PAP must comply for the purposes of section 87(5) of the 2022 Act are—

(a)that there is a single reporting system for the building;

(b)that the system enables—

(i)the reporting and recording of incidents and situations by individuals to the AP;

(ii)the recording of incidents and situations identified by the AP;

(iii)the timely assessment of reports or records of incidents and situations to determine whether they constitute a safety occurrence;

(iv)the notification and reporting of safety occurrences to the regulator within the required periods;

(c)that the system is accessible to all residents and other users of the building;

(d)that there are regular reviews of the system to ensure that it remains effective.

(5) In this regulation—

safety occurrence” means an incident or situation relating to the structural integrity of, or spread of fire in, a higher-risk building that meets the risk condition;

“the risk condition” is met in relation to a part of a building if the use of that part of the building without the incident or situation being remedied would be likely to present a risk of a significant number of deaths, or serious injury to a significant number of people.

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