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

Provision of information and documents to client etc

This section has no associated Explanatory Memorandum

10.—(1) Subject to paragraph (5) and regulations 15, 17 and 18, in relation to any project, the client for the project is prescribed for the purposes of section 89(1)(e) of the 2022 Act.

(2) An AP for a higher-risk building must provide to the client for a project which relates to the part of the building for which the AP is responsible any information that the AP must keep pursuant to section 88(1) of the 2022 Act which falls within any of the following provisions in Schedule 1 to these Regulations—

(a)paragraph 6 (fire safety management) where the information relates to the part of the building specified in the notice;

(b)paragraph 9 (structural risks) where the information relates to the part of the building specified in the notice except where the client has previously given the information to that AP and the information has not changed since it was given;

(c)paragraph 10 (management of building safety risks) where the information relates to the part of the building specified in the notice;

(d)paragraph 11 (building design) where the information relates to the part of the building specified in the notice.

(3) An AP for a higher-risk building must provide to the client for a project which relates to the part of the building for which the AP is responsible a copy of any document which that AP must keep pursuant to section 88(2) of the 2022 Act which falls within any of the following provisions in Schedule 1 to these Regulations—

(a)paragraph 22 (fire safety management) where the document relates to the part of the building specified in the notice;

(b)paragraph 24 (structural risks) where the document relates to the part of the building specified in the notice except where the client has previously given the document to that AP and it is the same version of the document as the version that was given;

(c)paragraph 27(a) (plans) where the plan relates to the part of the building specified in the notice.

(4) For the purposes of paragraph (3)(c), it is sufficient for the AP to provide part or a collection of parts of a plan where that part or collection of parts relate to the entire part of the building specified in the notice for which an AP has responsibility.

(5) This regulation only applies in relation to a client where the client—

(a)is not an AP for the building to which the project relates, and

(b)has given notice in writing to the AP that—

(i)confirms that they are a client,

(ii)provides a brief description of the project including details of the parts of the higher-risk building to which it relates, and

(iii)provides their name, address, and (if available) email address.

(6) In this regulation “notice” means a notice given in accordance with paragraph (5)(b).