Part IVGeneral

F1Higher-risk buildings etc

Annotations:
Amendments (Textual)
F1

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)

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—

    1. a

      the spread of fire;

    2. b

      structural failure;

    3. 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;

  • “major incident” means an incident resulting in—

    1. a

      a significant number of deaths, or

    2. b

      serious injury to a significant number of people.