2023 No. 396

Building And Buildings, England

The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023

Made

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 74, 89(1) and (2) and 168(2) and (4) of the Building Safety Act 20221.

In accordance with section 7(4) of the Building Safety Act 2022, the Secretary of State has consulted the building safety regulator and such other persons as the Secretary of State considers appropriate.

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement, extent, application and interpretationI51

1

These Regulations may be cited as the Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 and come into force on 6th April 2023.

2

These Regulations extend to England and Wales and apply to England only.

3

In these Regulations—

  • “the 2022 Act” means the Building Safety Act 2022;

  • “ancillary building” in relation to a higher-risk building means any structure or section that is attached to but does not form part of that higher-risk building;

  • “AP” means accountable person2;

  • “external wall” has the meaning in regulation 2(6) of the Building Regulations 20103;

  • “ground level” means—

    1. a

      where the level of the surface of the ground on which the building is situated is uniform, the level of the surface of the ground immediately adjacent to the building, or

    2. b

      where the level of the surface of the ground on which the building is situated is not uniform, the level of the lowest part of the surface of the ground adjacent to the building;

  • “PAP” means principal accountable person4;

  • “storey” includes any gallery floor that is a floor open to the storey below and whose internal floor area is at least 50% of the internal floor area of the largest storey vertically above or below it (excluding any floor below ground level);

  • “storey below ground level” means a storey where any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.

Annotations:
Commencement Information
I5

Reg. 1 in force at 6.4.2023, see reg. 1(1)

Key building information as prescribed informationI22

The prescribed information (“key building information”) is information as set out in regulations 3 to 18.

Annotations:
Commencement Information
I2

Reg. 2 in force at 6.4.2023, see reg. 1(1)

Key building information: ancillary buildingI193

Whether the higher-risk building has any ancillary building and whether that ancillary building is a higher-risk building5.

Annotations:
Commencement Information
I19

Reg. 3 in force at 6.4.2023, see reg. 1(1)

Key building information: useI124

1

The principal use of—

a

the higher-risk building,

b

any ancillary building,

c

any outbuilding,

d

any storey below ground level in the higher-risk building.

2

“Outbuilding” in relation to a higher-risk building means any permanent or temporary building, whether or not attached to the higher-risk building but not forming part of it, that is used for purposes incidental to the enjoyment of the higher-risk building.

Annotations:
Commencement Information
I12

Reg. 4 in force at 6.4.2023, see reg. 1(1)

I175

1

The subordinate use of—

a

the higher-risk building, save in respect of a residential unit in that higher-risk building,

b

any ancillary building,

c

any storey below ground level in the higher-risk building.

2

“Subordinate use” means any use other than the principal use.

Annotations:
Commencement Information
I17

Reg. 5 in force at 6.4.2023, see reg. 1(1)

I96

Whether since its construction there has been a change to the principal use of the higher-risk building.

Annotations:
Commencement Information
I9

Reg. 6 in force at 6.4.2023, see reg. 1(1)

I267

1

“Use” must be described using the following categories—

a

residential (dwellings),

b

residential (institutional),

c

residential (other),

d

office,

e

shop and commercial,

f

assembly and recreation,

g

industrial, or

h

storage and other non-residential

2

For the purposes of interpreting the categories in paragraph (1) regard must be had to Table 0.1 “Classification of purpose groups” of Approved Document B (Fire safety) volume 1: Dwellings (2019 edition incorporating 2020 and 2022 amendments) that came into force on 1 December 2022.

Annotations:
Commencement Information
I26

Reg. 7 in force at 6.4.2023, see reg. 1(1)

Key building information: materialsI158

With regard to the external wall of the higher-risk building—

a

a description of the material used in its composition, and

b

if there is more than one material, what percentage of the whole does each material constitute.

Annotations:
Commencement Information
I15

Reg. 8 in force at 6.4.2023, see reg. 1(1)

I49

If there is insulation of the external wall—

a

a description of the material used in the composition of that insulation, and

b

if there is more than one material, what percentage of the whole does each material constitute.

Annotations:
Commencement Information
I4

Reg. 9 in force at 6.4.2023, see reg. 1(1)

I1110

With regard to the roof of the higher-risk building—

a

the main material used in the composition of the part of the roof that provides a waterproof covering,

b

whether there is a separate layer of insulation, and

c

whether the roof plane is pitched or flat or a combination of both.

Annotations:
Commencement Information
I11

Reg. 10 in force at 6.4.2023, see reg. 1(1)

Key building information: fixture on external wallI711

With regard to any fixture attached to the external wall or roof of the higher-risk building—

a

the type of fixture, and

b

the main material from which the fixture is composed.

Annotations:
Commencement Information
I7

Reg. 11 in force at 6.4.2023, see reg. 1(1)

Key building information: structureI112

With regard to the structure of the higher-risk building—

a

the main material used, and

b

the type of structural design the building has in order to comply with Part A (Structure) of Schedule 1 to the Building Regulations 20108.

Annotations:
Commencement Information
I1

Reg. 12 in force at 6.4.2023, see reg. 1(1)

Key building information: storeys and staircasesI2013

The number of storeys below ground level that are in the higher-risk building.

Annotations:
Commencement Information
I20

Reg. 13 in force at 6.4.2023, see reg. 1(1)

I614

In relation to staircases—

a

the number of staircases that the higher-risk building has, and

b

how many of those staircases serve, as part of the same flight of stairs, the storey at ground level and every storey above it.

Annotations:
Commencement Information
I6

Reg. 14 in force at 6.4.2023, see reg. 1(1)

Key building information: energyI1415

The type of energy supply to the higher-risk building.

Annotations:
Commencement Information
I14

Reg. 15 in force at 6.4.2023, see reg. 1(1)

I3016

The type of energy storage system of the higher-risk building.

Annotations:
Commencement Information
I30

Reg. 16 in force at 6.4.2023, see reg. 1(1)

Key building information: emergency planningI817

A description of the type of evacuation strategy that is in place for the higher-risk building.

Annotations:
Commencement Information
I8

Reg. 17 in force at 6.4.2023, see reg. 1(1)

I2218

1

A list of the fire and smoke control equipment within the higher-risk building, save for that provided by a resident for their own use.

2

Where in the building the equipment is located.

Annotations:
Commencement Information
I22

Reg. 18 in force at 6.4.2023, see reg. 1(1)

Key building information dutiesI1319

The PAP must provide to the regulator9 key building information for each higher-risk building for which they are the PAP.

Annotations:
Commencement Information
I13

Reg. 19 in force at 6.4.2023, see reg. 1(1)

I2120

The key building information for a higher-risk building must be submitted within 28 days of the PAP submitting an application for registration of that higher-risk building10.

Annotations:
Commencement Information
I21

Reg. 20 in force at 6.4.2023, see reg. 1(1)

I2521

The PAP must notify the regulator of any change to the key building information within 28 days of the PAP becoming aware of the change.

Annotations:
Commencement Information
I25

Reg. 21 in force at 6.4.2023, see reg. 1(1)

I1022

If there is more than one AP for a higher-risk building each AP must, for the part of the building for which they are responsible11, provide the PAP with—

a

notice and details of any change to the key building information within 28 days of the AP becoming aware of the change,

b

if requested by the PAP, key building information as soon as reasonably practicable from the date of request from the PAP.

Annotations:
Commencement Information
I10

Reg. 22 in force at 6.4.2023, see reg. 1(1)

I1623

A submission of, or notification about, key building information to the regulator may be made by a person authorised on behalf of the PAP for that building.

Annotations:
Commencement Information
I16

Reg. 23 in force at 6.4.2023, see reg. 1(1)

Provision of key building information to the regulatorI1824

The key building information to be provided to the regulator must be in electronic form.

Annotations:
Commencement Information
I18

Reg. 24 in force at 6.4.2023, see reg. 1(1)

Direction by regulatorI2425

1

The regulator may make a direction as to the way in which key building information must be given.

2

The direction may include a requirement to give the information via a website address provided for that purpose by the regulator.

3

The regulator must publish any direction under this regulation on its website and make it available for inspection at its principal offices during normal office hours.

4

The regulator may, by a further direction, amend or revoke a direction made under this regulation.

Annotations:
Commencement Information
I24

Reg. 25 in force at 6.4.2023, see reg. 1(1)

Part of the building for which an AP is responsible: buildings with only one API2326

1

If a higher-risk building has only one AP and the AP is a commonhold association, the AP is responsible for the following parts of the building—

a

the common parts of the building,

b

any commonhold unit,

c

any balcony, and

d

any other part of the building to which the Regulatory Reform (Fire Safety Order) 200512 does not apply.

2

If a higher-risk building has only one AP and the AP is not a commonhold association, the AP is responsible for the following parts of the building—

a

the common parts of a building,

b

any residential unit,

c

any balcony, and

d

any other part of the building to which the Regulatory Reform (Fire Safety Order) 2005 does not apply.

3

The common parts of the building are defined by—

a

section 25(1) (definition) of the Commonhold and Leasehold Reform Act 200213 in relation to paragraph (1), and

b

section 72(6) of the 2022 Act in relation to paragraph (2)

4

In this regulation “commonhold association” means as defined under Part 1 of the Commonhold and Leasehold Reform Act 2002.

Annotations:
Commencement Information
I23

Reg. 26 in force at 6.4.2023, see reg. 1(1)

Buildings with more than one API327

If a higher-risk building has more than one AP, the parts of the building for which an AP is responsible is determined by reference to regulations 28 to F131.

I2728

An AP is responsible for the part of the common parts of the building for which they hold a legal estate in possession or a repairing obligation.

Annotations:
Commencement Information
I27

Reg. 28 in force at 6.4.2023, see reg. 1(1)

I2829

An AP who holds a legal estate in possession in or a repairing obligation in relation to any part of the exterior of the building, is responsible for any balcony attached to that part of the exterior.

Annotations:
Commencement Information
I28

Reg. 29 in force at 6.4.2023, see reg. 1(1)

I2930

1

If an AP has the right to let or (excluding a residential unit let on a long lease14) lets a residential unit in the building, the AP is responsible for that unit.

2

If a residential unit is let under a long lease, the AP responsible for the unit is—

a

the lessor in relation to the long lease, or

b

where, by virtue of section 72 of the 2022 Act, the lessor in relation to the long lease is not an AP, the AP responsible for the part of the common parts that adjoins or is nearest to the main entrance door of the unit.

3

For this regulation, the residential unit is treated as including any garden, yard, garage, outhouse, or other appurtenance that is—

a

within the higher-risk building,

b

for the use, benefit and enjoyment of a resident of that unit, and

c

not a part subject to regulations 28 and 29.

Annotations:
Commencement Information
I29

Reg. 30 in force at 6.4.2023, see reg. 1(1)

F231

An AP for a higher-risk building who is the PAP for that building is responsible for any part of that higher-risk building—

a

which is not the responsibility of another AP by virtue of regulations 28 to 30, and

b

to which the Regulatory Reform (Fire Safety Order) 2005 does not apply.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Lee RowleyParliamentary Under Secretary of StateDepartment for Levelling Up, Housing and Communities
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out what constitutes ‘key building information’ in respect of higher-risk buildings; the duties and provisions in relation to submitting key building information; and sets out how to determine for which parts of a higher-risk building an accountable person (“AP”) is responsible under Part 4 of the Building Safety Act 2022 (“the 2022 Act”).

Regulation 2 sets out what information is prescribed under section 89(1) of the 2022 Act as ‘key building information’.

Regulations 3 to 18 set out what information is ‘key building information’. Amongst other things, it clarifies information that is required in relation to structures that do not form part of the higher-risk building but are attached or an outbuilding of it; information that is required in relation to the use of the building; information in relation to materials used and fixtures in certain parts; and information relating to structure and staircases.

Regulations 21 to 23 set out the duties on a principal accountable person (“PAP”) and AP. These duties include providing or enabling key building information to be submitted to the regulator and keeping information up to date. These regulations also provide a time frame for carrying out the duties by reference to an application for registration or upon the AP or PAP becoming aware of any changes to the information.

Regulations 24 and 27 make provision about the form and way key building information is given to the regulator. Regulation 24 mandates that the information should be submitted in electronic form. Regulation 25 includes provision for the regulator to make a direction specifying in further detail how the information is to be submitted.

Regulation 26 sets out what parts of a higher-risk building an AP is responsible for, for the purposes of section 74 of the 2022 Act, where there the building has only one AP.

Regulations 29 to 30 set out what parts of a higher-risk building an AP is responsible, for the purposes of section 74 of the 2022 Act, where the building has more than one AP. Regulation 28 provides that an AP who holds a legal estate in possession in or a repairing obligation in relation to common part as defined by section 72 of the 2022 Act is responsible for that part of the common parts. Regulation 29 provides which AP is responsible for a balcony on the exterior wall. Regulation 30 makes provision in relation to residential units that are let, or the AP has a right to let, under a long lease as defined by section 115 of the 2022 Act.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary sector or public sector is foreseen.