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Higher-Risk Buildings Regulations 2023 laid before Parliament

30 January 2023

THE GOVERNMENT has laid the Higher-Risk Buildings (Key Building Information, etc) (England) Regulations 2023 in Parliament. They will be subject to the affirmative procedure, meaning that they must be debated and approved by both Houses of Parliament before they can become law.

The Higher-Risk Buildings (Key Building Information, etc) (England) Regulations 2023 set out the high-level information (ie the key building information) that the principal accountable person (the person responsible for the repair of the structure and exterior of the building) will have to provide to the Building Safety Regulator going forward.

Further, this legislation also clarifies the parts of a higher-risk building for which accountable persons are responsible when there are multiple accountable persons involved.

In essence, the key building information is high-level information that will enable the Building Safety Regulator to:

*analyse trends and risks in high-rise residential buildings

*prioritise assessment of fire and structural safety in existing high-rise residential buildings and so effectively tranche the call-in and assessment of safety case reports

*identify similar buildings or systems if an issue emerges

Providing clarity

As stated, the key building information is high-level information and will not contain all of the information that will be required in the ‘golden thread’.

Clarifying the parts of a building for which accountable persons are responsible is absolutely essential where there is more than one accountable person involved in the ownership of a higher-risk building.

The Higher-Risk Buildings (Key Building Information, etc) (England) Regulations 2023 will enable those involved in the building safety management of a higher-risk building to identify which accountable person is responsible for a particular part of a building.

Laying the Higher-Risk Buildings (Key Building Information, etc) (England) Regulations 2023 is part of the Government’s ongoing reforms to ensure that residential buildings are safe. The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 were laid in Parliament last December and are still subject to parliamentary approval.

*Read the Higher-Risk Buildings (Key Building Information, etc) (England) Regulations 2023 online here. The associated explanatory memorandum may be accessed online here. A copy of the Government’s response to the consultation on the Higher-Risk Buildings (Key Building Information, etc) (England) Regulations 2023 can be found here
 
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