Part 4: Higher-risk buildings Meaning of "higher-risk building" Section 68: Modification of Part in relation to certain kinds of higher-risk building Effect
The new regulatory regime in Part 4 of the Act will regulate building safety risks in higher-risk buildings. Section 65 provides for the definition of "higher-risk building" in Part 4 of the Act to be amended by regulations.
	This section provides some further flexibility. It gives the Secretary of State the power to modify Part 4 of this Act in relation to particular categories of higher-risk buildings. This power could be used at the same time as bringing a new type of building within the definition of higher-risk building or could be used in relation to an existing type of higher-risk building. The power is needed as there might be cases where it is not appropriate to apply every provision set out in Part 4 of this Act to all types of higher-risk buildings, and in such cases the Secretary of State may decide to modify how Part 4 applies to that type of building.
	When providing advice under section 70 or making its recommendation under section 69 regarding the definition of "higher-risk building", the Building Safety Regulator must also consider whether it is appropriate to make modifications to how Part 4 should apply to that description of building.
	This power to modify parts of the regime applies with respect to the in-occupation regime only. Amendments to the Building Act 1984 already provide for a power to have different provision in building regulations for higher-risk buildings. This includes applying differing requirements for specific types of higher-risk buildings where appropriate.
	The power to amend section 65: Meaning of "higher-risk building" etc. apart from subsections (2) and (5), the power to exclude categories of building from the definition of "higher-risk building" by regulations (section 66) and the power to modify the application of the regime to higher-risk buildings (this Section) will all be subject to the affirmative procedure.
	Before making any new regulations under this Section the Secretary of State must consult with the Building Safety Regulator, as well as any other persons the Secretary of State considers appropriate.