The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023
Overview
In recent years, building safety in the UK has been under intense scrutiny, prompted by tragic incidents like the Grenfell Tower fire. To address the pressing need for enhanced building safety, the Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 have been introduced as part of the broader legislative framework of the Building Safety Act 2022. These regulations represent a significant step forward in managing and ensuring the safety of higher-risk buildings, responding to recommendations outlined in the Building a Safer Future Report.
The key requirements of these regulations include:
- Defining Higher-Risk Buildings: These regulations are specifically tailored for higher-risk buildings, which are defined as residential buildings that are either at least 18 meters tall or have at least seven stories. The unique challenges posed by these structures necessitate a stringent safety framework.
- Safety Case Approach: Central to these regulations is the introduction of a safety case approach. Accountable persons are now required to produce building assessment certificates and safety case reports. These documents serve as evidence of compliance with safety duties and facilitate the assessment and management of building safety risks.
- Engaging with Residents: Recognising the importance of residents’ involvement in building safety decisions, the regulations outline requirements for engaging with residents. This ensures that residents have a say in matters concerning their safety and are kept informed about safety-related issues.
- Maintaining a Digital Information Thread: To address the longstanding issue of incomplete or inaccessible building information, these regulations mandate the creation and maintenance of a digital information thread. This electronic record guarantees that accurate building information is securely updated and accessible throughout a building’s lifecycle.
- Mandatory Reporting System: Dame Judith Hackitt’s report highlighted the need for mandatory reporting requirements for building safety in higher-risk buildings. This system involves key dutyholders reporting safety occurrences without assigning blame. The reports and statistical data would be made publicly available, with non-reporting leading to sanctions. This reporting system aims to capture risks and near-misses, promoting safety culture change and standards improvement in the construction and occupation of such buildings.
The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 were made on the 9th of August 2023 and apply to England.
Do the Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 affect my business?
The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 significantly impact businesses involved in the construction, management, and maintenance of higher-risk buildings. They introduce clear roles and responsibilities for accountable persons, including the establishment of a principal accountable person with additional duties. Compliance with safety duties is paramount, as non-compliance can result in enforcement actions, fines, or even imprisonment.
Moreover, businesses must adapt to new reporting and information management requirements. The creation and maintenance of a digital information thread demand a shift towards electronic record-keeping, ensuring the accessibility and accuracy of building information. As businesses adapt to these regulations, the safety and well-being of residents remain at the forefront of building management and construction practices.
Do I need the Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 in my ISO Compliance Register?
You will need the Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 in your ISO Compliance Register if you/your business falls into one or more of the categories below:
- Property Developers: Those responsible for constructing higher-risk buildings must adhere to the safety case approach and engage with residents, prioritising safety.
- Building Managers: Managing higher-risk buildings now requires compliance with the regulations, including the establishment of a digital information thread and implementing resident engagement strategies.
- Regulators: Regulatory bodies play a pivotal role in overseeing compliance with these regulations and ensuring that safety standards are met.
- Residents: These regulations empower residents by granting them the right to request information and documents related to building safety, enhancing transparency and accountability.
Legislation related to the Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023
Legislation related to the Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 include:
- Building Safety Act 2022
- The Building Regulations 2010
- The Building Regulations Etc. (Amendment) (England) Regulations 2023
- The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023
More information
Visit the Higher-Risk Buildings (Management of Safety Risks etc) (England) 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.
