Part 4Higher-risk buildings

Meaning of “higher-risk building”

I167Regulations 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.