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

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.