Part 4Higher-risk buildings

Meaning of “higher-risk building”

65Meaning 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.

66Regulations 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.

67Regulations 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

The Secretary of State must ask the regulator under section 70(1) for advice about the description of building, except where the regulations would give effect to a recommendation under section 69(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.

68Modification 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.

69Recommendations 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

If the regulator considers that this Part should not apply in relation to a particular description of higher-risk building, it must recommend to the Secretary of State that buildings of that description should cease to be higher-risk buildings for the purposes of this Part.

6

For the meaning of “major incident” see section 63.

70Advice 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.