Part 4Higher-risk buildings
Meaning of “higher-risk building”
I165Meaning of “higher-risk building” etc
1
In this Part “higher-risk building” means a building in England that—
a
is at least 18 metres in height or has at least 7 storeys, and
b
contains at least 2 residential units.
2
The Secretary of State may by regulations make provision supplementing this section.
3
The regulations may in particular—
a
define “building” or “storey” for the purposes of this section;
b
make provision about how the height of a building is to be determined for those purposes;
c
provide that “higher-risk building” does not include a building of a prescribed description.
4
Regulations made by virtue of subsection (3)(a) may in particular define “building” so as to provide that it includes—
a
any other structure or erection of any kind (whether temporary or permanent);
b
any vehicle, vessel or other movable object of any kind, in such circumstances as may be prescribed.
5
The Secretary of State may by regulations amend this section (other than subsection (2) or this subsection).
6
For the meaning of “residential unit” see section 115.
I266Regulations under section 65: procedure
1
Before making regulations under section 65, the Secretary of State must consult—
a
the regulator, and
b
such other persons as the Secretary of State considers appropriate.
2
But the regulator need not be consulted if—
a
the regulations give effect to a recommendation made by the regulator under section 63(4) or 69, or
b
the Secretary of State has under section 70 asked the regulator for advice about the description of building in question.
I367Regulations under section 65: additional procedure in certain cases
1
This section applies if the Secretary of State proposes to make regulations under section 65 that would result in a description of building (including anything within subsection (4) of that section) becoming a higher-risk building for the purposes of this Part.
2
3
The Secretary of State must carry out a cost-benefit analysis and publish it.
4
In this section “cost-benefit analysis” means—
a
an analysis of the costs together with an analysis of the benefits that will arise if the regulations are made, and
b
an estimate of those costs and of those benefits (subject to subsection (5)).
5
If, in the opinion of the Secretary of State—
a
the costs or benefits cannot reasonably be estimated, or
b
it is not reasonably practicable to produce an estimate,
the cost-benefit analysis need not estimate them, but must include a statement of the Secretary of State’s opinion and an explanation of it.
I468Modification of Part in relation to certain kinds of higher-risk building
1
The Secretary of State may make regulations modifying this Part as it applies in relation to a prescribed description of higher-risk building.
2
Before making the regulations, the Secretary of State must consult—
a
the regulator, and
b
such other persons as the Secretary of State considers appropriate.
3
But the regulator need not be consulted if the regulations give effect to a recommendation under section 63(4), 69 or 70.
I569Recommendations about definition of “higher-risk building” etc
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 this Part should apply (with or without modifications) in relation to buildings of that description.
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 Part,
b
if it considers that regulations under section 68 should be made modifying this Part as it applies in relation to that description of building, make a recommendation to the Secretary of State to that effect, and
c
give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under paragraph (a) and any recommendation under paragraph (b).
3
Subsection (4) applies if—
a
following a recommendation under subsection (2)(a) the Secretary of State decides not to make regulations under section 65 giving effect to the recommendation, or
b
following a recommendation under subsection (2)(b) the Secretary of State decides not to make regulations under section 68 giving effect to the recommendation.
4
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.
5
6
For the meaning of “major incident” see section 63.
I670Advice about definition of “higher-risk building” etc
1
Subsections (2) to (6) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of this Part.
2
The regulator must consider whether the following conditions are met—
a
the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description;
b
the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident;
c
the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Part.
3
The regulator must—
a
if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Part;
b
otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes.
4
Where the regulator—
a
makes a recommendation under subsection (3)(a), and
b
considers that regulations under section 68 should be made modifying this Part as it applies in relation to buildings of the specified description,
it must make a recommendation to the Secretary of State to that effect.
5
The regulator must give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under subsection (3) and any recommendation under subsection (4).
6
If, following a recommendation under subsection (3)(a), the Secretary of State decides not to make regulations under section 65 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.
7
If requested, the regulator must provide advice to the Secretary of State as to whether higher-risk buildings of a specified description should cease to be higher-risk buildings for the purposes of this Part.
8
In this section “specified” means specified by the Secretary of State in the request.