Part 4Higher-risk buildings
Meaning of “higher-risk building”
I170Advice 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.