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Building Safety

This page contains useful links to key information sources, official regulations and industry guidance that is shaping the way the UK built environment is reforming its approach to building safety policies following the passing of the Building Safety Act 2022.

1. The Building Safety Act 2022.

Information published by the Building Safety Regulatory (BSR) relating to the Building Safety Act 2022 (BSA).

2. The The Social Housing (Regulation) Bill.

A Bill intended to update the Housing and Regeneration Act 2008 with a view to make provision about the regulation of social housing; about the terms of approved schemes for the investigation of housing complaints; and for connected purposes.

3. Higher-Risk Building (HRB).

A Higher-Risk Building is defined in the Building Safety Act 2022 as a building in England that is at least 18 metres in height, or has at least 7 storeys, and is of a description specified in regulations made by the Secretary of State.

There is a draft Statutory Instrument, The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023, which defines what buildings are to be considered as higher-risk buildings. Currently it is considered a HRB is a building of at 18m in height or 7 storeys high, which contains at least two residential units. Specifically excluded from being a HRB, are: a secure residential institution; a hotel; military barracks; and MOD and military accommodation. The draft SI regulations were laid in December 2022 and are still subject to parliamentary approval (expected 23 April 2023).

The precise definitions of measuring the height of buildings, and what storeys will be considered as part of the seven count limit, will prove crucial and contentious in the years to come. One can easily imagine that future housing developments will push the legal gamesmanship to the limit of avoiding being classified as HRBs in future. The same applies to existing buildings that are on the borderline of being classified as HRBs.

Author's Comment on the general meaning of HRB: Is it Higher-Risk buildings or High-rise Buildings? The Act and the Statutory Instrument refers to Higher Risk Buildings, but other official documents refer to high-rise buildings. Which one is correct? Does it matter? In the strict legal sense, it may be best to defer to the Act's use of the phrase. In the context of general use, the terms are interchangeable and convey the same meaning to most people where it matters.

The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 lays down further guidance for what information the Principal Accountable Person (PAP) must look to collate, manage and provide. The draft SI regulations were laid in December 2022 and are still subject to parliamentary approval (expected 23 April 2023).

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