Part IVGeneral
F1Higher-risk buildings etc
120GRecommendations about regulations under section 120D
1
Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers—
a
that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description,
b
that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and
c
that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England.
2
The regulator must—
a
recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act, and
b
give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation.
3
If, following a recommendation, the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out—
a
the regulator’s recommendation,
b
the Secretary of State’s decision not to make the regulations, and
c
the reasons for that decision.
4
If the regulator considers that a particular description of higher-risk building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England, it must make a recommendation to the Secretary of State to that effect.
5
In this section—
“building safety risk” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building—
- a
the spread of fire;
- b
structural failure;
- c
any other matter prescribed by regulations under section 62 of the Building Safety Act 2022 in relation to all buildings, or in relation to a description of building that includes the building;
- a
“major incident” means an incident resulting in—
- a
a significant number of deaths, or
- b
serious injury to a significant number of people.
- a
Ss. 120D-120I and cross-heading inserted (28.6.2022 so far as it relates to ss. 120D-120H, 9.12.2022 so far as it relates to s. 120I) by Building Safety Act 2022 (c. 30), ss. 31, 170(4)(a)(c); S.I. 2022/561, reg. 3(d); S.I. 2022/1287, reg. 2(a)