Last edited 29 May 2024

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

2023 No 907 – Building and Buildings, EnglandThe Higher-Risk Buildings (Management of Safety Risk etc) (England) Regulations 2023

These Regulations, which apply to England only, make largely administrative provision in relation to the management of safety risks in higher-risk buildings. Higher-risk building is defined in sections 65 to 70 of the Building Safety Act 2022 (“the 2022 Act”).

The purpose of the Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 is to specify the management of buildings safety duties for occupied higher-risk buildings. The Regulations set out requirements on the Building Safety Regulator (the Regulator), principal accountable persons and accountable persons, residents and others regarding building safety. Specifically, the Regulations set out provisions on a safety case approach to managing fire and structural safety in higher-risk buildings, duties to engage, consult and provide information to residents, the ongoing management of a digital golden thread of information throughout the building lifecycle and the creation of a mandatory occurrence reporting framework. The Regulations also include provisions on compliance and appeals which will enable the Regulator to effectively enforce the new building safety regime, and for persons to resolve disputes with a right of appeal to the First-tier Tribunal for certain decisions.

These Regulations also amend the Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023 in relation to minor provisions and the requirements for removal of buildings from the register.

Higher-risk buildings are defined under Part 4 of the Building Safety Act 2022 (the Act) and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 which came into force on 6th April.

Throughout this document the principal accountable person and accountable persons are referred to as accountable persons. However, there are specific duties which the principal accountable person must carry out. In these cases, the document will refer to the ‘principal accountable person’ as necessary.

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