Last edited 22 May 2024

The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023

2023 No 315 – Building and Buildings, England – The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023

These Regulations make provision about the register of higher-risk buildings held by the building safety regulator (“the regulator”). These Regulations make provision about making an application for registration of a higher-risk building including the associated fee and withdrawing that application. They also set out further provisions about decisions of the regulator that may be subject to a review under section 25 of the Building Safety Act 2022 (“the 2022 Act”).

Regulation 2 in Part 1 sets out how a direction by the regulator may determine how information is given to the regulator with respect to making or withdrawing a registration application, provision of information updating the register, requesting to remove a higher-risk building from the register or requiring the regulator to carry out a review of its own decision. The direction may require information to be submitted electronically and may be revoked and amended.

Part 2 of the Regulations makes provision about the register of higher-risk buildings. Regulation 3 makes provision for the content of the regulator’s register of higher-risk buildings. Regulations 4 and 5 set out the requirements on the principal accountable person (“PAP”) and regulator in relation to keeping that register up to date. Regulations 6 to 8 set out the procedure for removing a building entry from the register.

Part 3 of the Regulations makes provision about the application for registration of a higher-risk building. Regulations 10 to 17, 18(1)(a) to (c) and (2) and 19 set out the ‘registration information’ to be contained in the application and regulation 18(1)(d) sets out any copy certificate that must accompany an application. The registration information requirements include details about contact information for each accountable person (“AP”) for that building, a description of the building, and information in relation to building control approvals for that building.

Regulations 20 and 21 make provision for the regulator to charge a registration fee to the PAP at the time the application for registration is made, otherwise the regulator will not register the higher-risk building. Regulation 20 also provides that any refund of the registration fee upon a withdrawal of application, will be at the regulator’s discretion.

Regulation 22 provides for the circumstance in which a registration application may be withdrawn and the procedure for requesting a withdrawal.

In Part 4, regulation 23 supplements section 25 of the 2022 Act. It sets out, among other things, which regulator decisions may be the subject of a review, the persons who can give notice to the regulator requiring the review, the period in which the person must send that notice and by when the regulator must notify the outcome of the review. It also sets out what must be contained in the notice sent to the regulator requesting the review.