BSA: Higher-Risk Buildings Regulations now in force - Property Managers Take Note

14 April 2023. Published by Katharine Cusack, Partner

The Government has been working on safety measures for high rise buildings following the Grenfell Tragedy to provide comfort to residents in order for them to feel safe in their homes.

As part of these changes, on 6 April 2023, The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 (the Key Building Regulations) came into force.  A higher-risk building is defined as a building that is at least 18m in height or has at least 7 storeys and contains at least two residential units; or is a care home; or is a hospital.

The Key Building Regulations provide those managing higher-risk buildings to determine which accountable person is in charge of a specific part of a building.  These are the second set of regulations, The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2002 (the Description Regulations) came into force on the same date.  The Description Regulations set out which buildings will fall under the new more stringent safety regime laid down in the Building Safety Act 2022.    

What you need to know

As well as laying down how to link parts of a higher-risk building with an accountable person (AP), the Key Building Regulations also set out "key building information" for higher-risk buildings and how to submit that information, including:

  • Defining the "key building information" which needs to be submitted to the Building Regulator;
  • Clarifying information needed in respect of attached structures or outbuildings which are not part of the higher-risk building; the building's use; the materials and fixtures used; and the structure (including staircases);
  • The duties of the Principal Accountable Person (PAP) and AP including information to be submitted to the Building Regulator and deadlines for applications for registration or changes;
  • How the information is submitted to the Building Regulator i.e. electronically and in a specified form;
  • Which specific parts of a higher-risk building the AP is responsible for once occupied due to their legal title under which they have a repairing obligation.

These regulations will be of particular relevance to property managers acting in the role of Accountable Persons.

For further information, please contact Kat Cusack.

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