The Building Safety (Regulator’s Charges) Regulations 2023
Overview
The Building Safety (Regulator’s Charges) Regulations 2023 are part of a broader initiative to enhance building safety in England and Wales, especially in high-rise multi-occupied residential buildings. These regulations grant the Building Safety Regulator the authority to recover its costs associated with critical functions under the Building Safety Act 2022 (BSA22) and the Building Act 1984 (BA84).
The key provisions under these Regulations include:
- Cost Recovery Authority: These regulations empower the newly established Building Safety Regulator to recover the costs incurred while performing specific functions under BSA22 and BA84.
- Charging Scheme: The regulator is authorized to develop and publish a charging scheme. This scheme will outline how charges are calculated, requested, and paid. It provides a structured framework for cost recovery.
- Scope of Chargeable Functions: The regulations define the functions for which the regulator can charge. These functions encompass building control, structural safety, fire safety, and other vital aspects of building safety.
- Payment Responsibility: The regulations specify who is legally responsible for bearing the costs associated with each chargeable function. This includes costs for assistance from relevant authorities and third parties.
- Transparency and Clarity: To ensure fairness and transparency, the regulations set out principles for charges within the charging scheme. They also provide clear guidelines on how charges are to be applied, requested, and paid, including avenues for appealing decisions related to charges.
The Building Safety (Regulator’s Charges) Regulations 2023 came into force on the 1st of October 2023 and apply to England and Wales.
Do the Building Safety (Regulator's Charges) Regulations 2023 affect my business?
While the Building Safety (Regulator’s Charges) Regulations 2023 themselves focus on cost recovery mechanisms for the Building Safety Regulator, the broader regulatory framework created by the Building Safety Act 2022 will have significant impacts on businesses in the construction and property sectors. Here’s how:
- Increased Accountability: Businesses involved in high-rise building projects will face greater responsibility for ensuring strict compliance with building safety regulations. This includes adhering to higher standards during design and construction.
- Regulatory Oversight: The Building Safety Regulator becomes a central figure in overseeing and regulating building safety in high-rise multi-occupied residential buildings. Businesses participating in such projects will need to collaborate closely with the regulator to guarantee compliance.
- Charging Scheme: Businesses subject to the regulator’s oversight may incur charges as part of the cost recovery mechanism. These charges will contribute to funding the regulator’s activities, which indirectly impacts businesses.
- Compliance Costs: Firms in the construction and property development sectors may experience increased costs related to ensuring compliance with the heightened building safety standards, including the need for structural and fire safety improvements.
- Transparency Benefits: The regulations emphasise transparency in charging. This not only ensures fairness but also provides businesses with clarity on how charges are determined and applied, reducing uncertainty.
While the immediate focus is on cost recovery for the regulator, the wider implications for businesses include greater accountability, regulatory oversight, compliance costs, and the benefits of increased transparency. It’s vital for businesses in the construction and property sectors to stay informed about these changes and align themselves with the evolving regulatory landscape to ensure safer and more secure buildings for all.
Do I need the Building Safety (Regulator’s Charges) Regulations 2023 in my ISO Compliance Register?
You will need the Building Safety (Regulator’s Charges) Regulations 2023 in your ISO Compliance Register if your business or organisation falls under one or more of the following categories:
- Construction Companies: Companies engaged in the construction of high-rise residential buildings will need to meet stringent safety standards and may incur charges for regulatory oversight.
- Property Developers: Developers responsible for multi-occupied residential buildings will have a duty to ensure safety compliance throughout the construction process.
- Building Owners and Managers: Those responsible for the ongoing safety and management of high-rise buildings will need to work closely with the Building Safety Regulator.
- Architects and Engineers: Professionals involved in building design and structural safety will play a critical role in meeting the new standards.
Legislation related to the Building Safety (Regulator’s Charges) Regulations 2023
Legislation related to the Building Safety (Regulator’s Charges) Regulations 2023 include:
- Building Safety Act 2022
- Building Act 1984
- The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023
- The Building Safety (Leaseholder Protections) (England) Regulations 2022
More information
Visit the Building Safety (Regulator’s Charges) Regulations 2023 article on the legislation.gov.uk website.
Create an account in the ISO Compliance Register App and add this article to your Register.
