Part 4Higher-risk buildings
Meaning of “higher-risk building”
I169Recommendations 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.