Reminder for all Principal Accountable Persons

We are now within two weeks of the 1 October 2023 deadline for all higher-risk buildings (those at least 18 metres in height or 7 storeys and containing at least 2 residential units) to be registered with the Building Safety Regulator (an independent part of the Health and Safety Executive) in accordance with section 77 of the Building Safety Act.

The penalties for not registering an occupied higher-risk building include a fine, imprisonment or even both. The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023 which came into force on 6 April 2023 sets out the process for registering higher-risk buildings (including the payment of a £251 fee which must be paid before registration) and the process which the Building Safety Regulator must follow when making its decision. The information which the principal accountable person is to provide (or an authorised person such as a managing agent must provide on its behalf) is set out in Regulation 10.

The purpose of the register is to allow the Building Safety Regulator, who has a statutory duty to keep the safety and standards of buildings under review, to advise the government on building safety issues and to make informed decisions to guide the regulatory regime. The register will allow it to use the information gathered to build up intelligence so that it can perform its regulatory role and focus its assessment of fire and structural safety on these types of buildings.

The Regulations also set out what information should be made available on the register, how and when a higher-risk building can be withdrawn from the register and the ability to appeal the Building Safety Regulator’s decision. However for now, in advance of the deadline in less than two weeks, registering your occupied higher-risk building must be the key priority.