The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023

Handover of information on completion etc E+W

38.—(1) The client for HRB work, a stage of HRB work or work to existing HRB must give—

(a) the BFLO information; and

(b) the specified golden thread information,

to the relevant person no later than the date the work is completed, or where regulation 45 (partial completion certificates) applies no later than the date the part of the building is to be occupied.

(2) The golden thread information given under paragraph (1) must be provided in such a way as to retain the filing structure in which it was kept, including each index, key or other information logically associated with it and in a format which enables the relevant person to read, keep and update the information.

(3) The relevant person must give the client a notice acknowledging receipt of the specified golden thread information which confirms—

(a) they are able to access the information, and

(b) the information provided is sufficient to enable them to understand, operate and maintain the building (and the fire safety systems in it) after the building work.

(4) The requirements of paragraph (1) do not apply to work to existing HRB which consists only of—

(a) scheme work;

(b) exempt work, or

(c) work to which regulation 10 (notification of emergency repairs to existing HRB) applies.

(5) In this regulation—

“BFLO information” means—

(a)

where Part B of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, the fire safety information;

(b)

where paragraph F1(1) of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, sufficient information about the building’s ventilation system and its maintenance requirements so that the ventilation system can be operated in such a manner as to provide adequate means of ventilation;

(c)

where paragraph L1 of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a manner as to use no more fuel and power than is reasonable in the circumstances;

(d)

where paragraph L2 of Schedule 1 to the 2010 Regulations applies in relation to the work, sufficient information about the system for on-site electricity generation in respect of its operation and maintenance requirements so that the system may be operated and maintained in such a manner as to produce the maximum electricity that is reasonable in the circumstances and delivers this electricity to the optimal place for use; and

(e)

where Part O of Schedule 1 to the 2010 Regulations applies in relation to the work, sufficient information about the provision made in accordance with Part O so that the systems in place further to Part O can be operated in such a manner as to protect against overheating;

“relevant person” means—

(a)

where, after building work is completed, a building is not a higher-risk building for the purposes of Part 4 of the 2022 Act, the responsible person for the building;

(b)

in any other case, the accountable person for the part of the building to which the work relates(1) and the responsible person (if any) for the building;

“responsible person” has the meaning given in article 3 of the Regulatory Reform (Fire Safety) Order 2005(2);

“specified golden thread information” means—

(a)

in relation to cases where regulation 45 applies, a copy of —

(i)

the partial completion certificate application in relation to the HRB work, the stage of HRB work or, as the case may be, work to existing HRB which the client proposes to make, and

(ii)

each document which under regulation 45 (partial completion certificate applications) is required to accompany the application;

(b)

in relation to any other case, a copy of—

(i)

the completion certificate application in relation to the HRB work, the stage of HRB work or, as the case may be, work to existing HRB which the client proposes to make; and

(ii)

each document which under regulation 40 (completion certificate applications) is required to accompany the application.

Commencement Information

I1 Reg. 38 in force at 1.10.2023, see reg. 1(1)

(1)

Accountable person is defined in section 72 of the Building Safety Act 2022.

(2)

S.I. 2005/1541 to which there are amendments not relevant to this provision.