On 21st June 2023, DLUHC published new guidance, relating to the legal criteria for determining whether a building is considered a higher-risk building under the Building Safety Act 2022 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023, during the occupation phase of the higher-risk regime only.
We advise that you read through the criteria carefully and share it with your clients.
This is as it will impact on both building registration and safety cases, particularly for estates or developments with more than one tower block/building in scope. In order to assist, ARMA has updated and published Guidance Note B19 ‘Registration of Higher-Risk Buildings & Key Building Information’ in light of this new criteria.
The new guidance sets out the criteria for a building to be deemed a higher-risk building during the occupation phase of the higher-risk regime. Higher-risk buildings are subject to the requirements of the new higher-risk regime directly overseen by the Building Safety Regulator (the Regulator). This includes use criteria, building definition, measuring height and counting the number of storeys.
The document includes the relevant text from the Act and Regulations with explanations and diagrams, to help potential principal accountable persons (APs) and accountable persons (PAPs) determine if the building they are responsible for is a higher-risk building. The guidance and the specifics and circumstances of your building need to be considered when discharging any duties under the Act and the Regulations. APs/PAPs – and any property managers supporting them – will need to consider the legislation carefully to understand whether they are responsible for a higher-risk building in scope of the higher-risk regime.
It is encouraged that you seek legal advice on this.
The applying to register a high-rise residential building May ‘23 guidance outlines that; A high-rise residential building can contain one or more high-rise residential structures. You may need to apply to register two or more structures as one building if they’re connected in certain ways or alternately you may have to register them as two or more separate buildings.
The new June ‘23 guidance provides more detail on the criteria to consider when assessing if two or more attached structures count as one or more buildings. Please refer to the ‘independent section’ criteria under the Building Definition heading to see if they count as one building or should be registered separately. Read the guidance on building definition and independent sections here. Again, you may wish to seek legal advice on this matter.
In addition to becoming a higher-risk building under the Act and the Regulations, buildings may also be subject to other legislation and statutory duties, such as the Regulatory Reform (Fire Safety) Order 2005, so collaboration with the relevant duty holders in the building is necessary to ensure it is safe.
You should also considering consulting:
- The guidance giving BSR structure and fire safety information (key
building information) - The Higher-Risk Buildings (Descriptions and Supplementary Provisions)
Regulations 2023 (legislation.gov.uk)
Should you have any queries or comments on this latest guidance and its impact, please send your observations or questions to [email protected]
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