Key Facts

• Clause 58 serves as an overview of part 4 of the Bill which covers occupied buildings.
• Clause 59 defines 'building safety risk' as relating to fire spread or structural failure.
• The Building Safety Regulator must provide advice on proposals to make regulations under clause 59(1)(c) if requested by the Secretary of State.
• The Construction Industry Council argues the current definition does not cover genuine risk.
• A fire at a residential care setting in Crewe was below 18 metres and had fewer than seven storeys but posed high risks.
• The Fire Brigades Union recently submitted evidence that the scope is inadequate.
• The former Secretary of State for Housing, Communities and Local Government expressed doubt about relying on crude height limits.
• The current Bill captures about 13,000 buildings while broadening the definition could include around 100,000 buildings.
• Dame Judith Hackitt's review informed stakeholder engagement and public consultation on building safety.
• Clause 144(3) allows regulations to define higher-risk buildings using various characteristics if needed.
• People are more engaged with fire safety and risks following Grenfell Tower.
• Social housing providers are listening to residents' concerns.
• The Government has a programme to strengthen the fire safety regime.
• Clause 134 of the Bill addresses fire safety reform.
• Fire safety regulations specific to multi-occupied residential buildings will be laid in autumn.
• Clause 63 requires consultation with the Building Safety Regulator before using powers in clause 62.
• Clause 64 mandates a cost-benefit analysis when expanding the definition of higher-risk buildings.
• Clause 67 allows the Secretary of State to request advice from the regulator on altering the definition of higher-risk buildings.
• Clause 68 defines the meaning of “occupied” higher-risk building.
• A higher-risk building must have residents in more than one residential unit to be classified as occupied.
• Some provisions apply regardless of occupation, such as a reference to a resident of a higher-risk building being a resident of a residential unit.
• Amendment 48 ensures the commonhold association will be the accountable person when title to the building is held in commonhold.
• Amendments 49 and 50 align definitions with the Commonhold and Leasehold Reform Act 2002 for consistency.
• Clause 69 defines accountable persons for higher-risk buildings, which can include landlords, freeholders, right-to-manage companies, management companies or commonhold associations.
• Clause 69 in the Building Safety Bill is divided into two clauses: 69A and 69B.
• Clause 69A defines who are the accountable persons for occupied higher-risk buildings.
• Clause 69B allows regulations to define parts of a building that accountable persons are responsible for.
• Amendment 52 ensures the accountable person who has repairing obligations for the structure and exterior becomes the principal accountable person.
• Amendment 53 makes consequential changes necessitated by amendment 52.
• Amendment 55 allows persons under a repairing obligation to common parts of a building to be classified as interested parties for applying to the first-tier tribunal.
• The Building Safety Regulator will use registration information to prioritise building assessment certificate applications.
• Registration is required before occupation for new buildings and within a transition period for existing occupied buildings.
• Maximum penalties include an unlimited fine and/or up to two years in prison.
• The discussion covers clauses 74 to 77 of the Building Safety Bill.
• Clauses relate to duties for applying for a building assessment certificate and related responsibilities.
• Clause 74 makes the principal accountable person responsible for periodically applying for a building assessment certificate.
• The Building Safety Regulator can direct the principal accountable person to apply for the certificate within 28 days of receiving notice.
• Non-compliance without reasonable excuse is an offence.
• For new buildings, applications must be made within six months of occupation.
• There are approximately 12,500 occupied high-rise residential buildings in England requiring assessment over five years.
• The certificate demonstrates compliance with safety obligations and resident engagement strategies.
• Clause 78 requires the appointment of a building safety manager.
• Residents will have the right to escalate complaints through proper channels if necessary.
• Emphasis on changing industry culture towards better compliance and resident engagement.
• The independent review recommended creating the role of building safety manager.
• Principal accountable persons must appoint a competent building safety manager.
• Building safety managers can be individuals or organizations, but competency standards apply in both cases.
• Clause 83 mandates comprehensive and regular assessments of building safety risks in higher-risk buildings.
• Accountable persons must consider hazards from outside their direct control and coordinate with others for whole-building risk assessment.
• The regulator can require a risk assessment if deemed necessary.
• The statement discusses the need for named persons within organisations to have appropriate skills and competences.
• There is a focus on balancing prescriptive regulations with the flexibility needed for managing buildings effectively.
• Peter Dowd proposes that Clauses 85 and 86 stand part of the Building Safety Bill.
• A safety case regime will change how building owners demonstrate management of building safety risks.
• The HSE is leading a work programme to provide simple guidance for compliance.
• Clause 86 provides the framework for regular submission and assessment of safety case reports by the regulator.