Higher-risk buildings etc

120DMeaning of “higher-risk building”: England

1

This section applies for the purposes of this Act as it applies in relation to England.

2

“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

is of a description specified in regulations made by the Secretary of State.

3

The Secretary of State may by regulations make provision supplementing this section.

4

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 specified description.

5

Regulations made by virtue of subsection (4)(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 specified.

6

The Secretary of State may by regulations amend this section (other than subsection (1) or (3) or this subsection).

7

For the meaning of “higher-risk building work” see section 91ZA.

120ERegulations under section 120D: procedure

1

Before making regulations under section 120D, 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 120G, or

b

the Secretary of State has under section 120H asked the regulator for advice about the description of building in question.

120FRegulations under section 120D: additional procedure in certain cases

1

This section applies if the Secretary of State proposes to make regulations under section 120D that would result in a description of building (including anything within subsection (5) of that section) becoming a higher-risk building for the purposes of this Act as it applies in relation to England.

2

The Secretary of State must ask the regulator under section 120H(1) for advice about the description of building, except where the regulations would give effect to a recommendation under section 120G(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 for it.

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.

120HAdvice about regulations under section 120D

1

Subsections (2) to (5) 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 Act as it applies in relation to England.

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 Act as it applies in relation to England.

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 Act as it applies in relation to England;

b

otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes.

4

The regulator must give the Secretary of State a statement of its assessment of the issues it considered in relation to the recommendation under subsection (3).

5

If, following a recommendation under subsection (3)(a), 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.

6

If requested, the regulator must provide advice to the Secretary of State as to whether a specified description of building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England.

7

In this section—

• “building safety risk” has the meaning given by section 120G;

• “major incident” has the meaning given by that section;

• “specified” means specified in the request.

120IHigher-risk buildings and higher-risk building work: Wales

1

This section applies for the purposes of this Act as it applies in relation to Wales.

2

“Higher-risk building” means a building of a description specified in regulations made by the Welsh Ministers.

3

“Higher-risk building work” means any work relating to a higher-risk building or a proposed higher-risk building, including—

a

any work relating to a building that is not a higher-risk building that causes it to become such a building, and

b

any work relating to a higher-risk building that causes it to cease to be such a building.

4

The Welsh Ministers may by regulations define “building” for the purposes of this section.

5

The regulations may in particular provide that “building” 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 specified.