The Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument is part of a set of Regulations which implement Part 4 of the Building Safety Act 2022 (“the 2022 Act”). These Regulations make provision about what information and documents the principal accountable person (“PAP”) and any other accountable person (“AP”) for a higher-risk building must keep in relation to that higher-risk building. The term “higher-risk building” is defined in section 65(1) of the 2022 Act as a building in England that is at least 18 metres in height, or has at least 7 storeys, and contains at least 2 residential units. The definition is supplemented by the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (S.I. 2023/275).

An AP is a duty-holder responsible for the building safety of an occupied higher-risk building further to provisions in Part 4 of the 2022 Act. An AP is a PAP where there is only one AP for a higher-risk building; where there is more than one AP, the PAP is the AP responsible for the structure and exterior of the higher-risk building, as set out in section 73(1) of the 2022 Act.

The information and documents that must be kept by an AP for a higher-risk building, as provided for in Schedule 1 to the Regulations, are together known as the “golden thread information”. These Regulations make provision about which information or copies of documents from the golden thread information a PAP or an AP must share with various persons who have an interest in the higher-risk building. The persons in question are listed in section 89(1) of the 2022 Act and are the building safety regulator (“the regulator”), any other APs for the same higher-risk building and the residents of and owners of flats in the higher-risk building. These Regulations prescribe further persons to whom an AP must provide information or copies of documents from the golden thread information, namely the clients for projects of building work in the higher-risk building and any wider building (as defined by regulation 4(8) of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023) in relation to that higher-risk building; the landlord of any tenant in the higher-risk building to whom a contravention notice(1) has been given; the Responsible Persons for the higher-risk building and for any wider building in relation to that higher-risk building who are not also APs; and the fire and rescue authority for the area in which the higher-risk building is located. These Regulations also makes provision about what information and copies of documents must be provided to an incoming AP or PAP upon a change of an AP or PAP in the higher-risk building, pursuant to section 90(2) of the 2022 Act.

The Higher-Risk Buildings (Management of Safety Risks) (England) Regulations 2023 (S.I. 2023/907) make provision for the standards in accordance with which an AP must keep golden thread information and explain when the golden thread information must be given and in what form.

Regulation 3 in Part 1 sets out how a direction by the regulator will provide how information is to be given to the regulator pursuant to regulation 5.

Regulation 4 in Part 2 refers to the provision at Schedule 1 of the prescribed information and copies of documents that are required to be kept by an AP for a higher-risk building. This regulation also provides that this information and these documents together are to be known as the golden thread information.

In Part 3, regulations 5, 6, 9, and 10 to 13 set out the information and documents that a PAP or an AP is required to give to various non-resident persons with an interest in or duties in relation to the higher-risk building, including where a new AP takes over responsibility for part of a higher-risk building.

Regulations 7 and 8 make provision for residents and owners of flats in the higher-risk building to be given certain information and copies of documents by an AP in accordance with what is set out in Schedule 2. Regulation 14 and Schedule 3 together set out the information and documents that an AP is required to provide to a resident and owner of a flat in a higher-risk building where a request has been made by that resident or flat owner for that information or document.

Part 4 sets out where an AP may rely on an exception to certain duties to provide specified information or a specific part of a document pursuant to certain provisions in these Regulations. These exceptions relate to the content and substance of the information or document and make detailed provision in relation to material that may pose a security risk if disclosed, commercially sensitive or confidential material, and material that contains personal data. Regulation 19 sets out the circumstances where the AP’s liability for breach of any duty of confidence or other restriction on the disclosure of information, howsoever imposed, is excepted where it occurs as a result of compliance with Parts 3 and 4 of these Regulations.

Part 5 amends the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (S.I. 2023/275). The amendments alter which buildings with uses related to the military are exempt from being higher-risk buildings.

Part 6 amends the Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 to provide for the PAP being responsible for part of a building for which those Regulations do not already assign responsibility, by reference to parts of a higher-risk building to which the Regulatory Reform (Fire Safety Order) 2005 (S.I. 2005/1541) does not apply.

A full impact assessment of the effect that this instrument, together with the Building (Higher-Risk Buildings) (Management of Safety Risks) (England) Regulations 2023 (S.I. 2023/907), will have on the costs to business is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

(1)

See section 96 of the 2022 Act for provision relating to contravention notices.