Part 4: Higher-risk buildings Meaning of "higher-risk building" Section 70: Advice about definition of "higher-risk building" etc Background
This is a new provision.
	The Independent Review identified that it is important to ensure that the Government can respond quickly in the future, where necessary, to broaden the definition of higher-risk buildings in light of either critical new information emerging or experience of operating the new regime.
	The Building Safety Regulator will oversee the building safety regulatory system and will analyse data from the operating regime to be able to fulfil this duty.
Example
The following is a hypothetical example.
After the new occupation regime has been operating for two years, the Secretary of State may decide that consideration is needed as to whether single-storey premises in areas of high flood risk should be higher-risk buildings because of a concern about structural failure following recent flooding incidents. To understand more about the issue the Secretary of State could formally request advice from the Building Safety Regulator on inclusion of this type of building in the definition of higher-risk buildings.
The Building Safety Regulator would be required to provide the Secretary of State with advice.
If the Regulator considered the three conditions set out in this section, subsections (2) (a) - (c) were met, it would also be required to explain whether any modifications should be made to the regulatory regime, as set in in Part 4 of this Act, in relation to its application to the proposed new type of building.
Following this, the Regulator must recommend to the Secretary of State that single-storey premises in areas of high flood risk should be higher-risk buildings, whether any modifications to the regulatory regime should be made and provide the Secretary of State a statement of the issues it considered in coming to that recommendation.
Where the Secretary of State is proposing to make regulations to give effect to the advice of the Building Safety Regulator then the Secretary of State would not be required to re-consult the Building Safety Regulator, but would have to consult such other persons as the Secretary of State considers appropriate. The Secretary of State must also undertake and publish a cost benefit analysis.
If the Secretary of State chooses to make the amendment, the regulations will be laid in Parliament using the affirmative procedure. If the Secretary of State chooses not to make the amendment, then they must publish a document setting out the Regulator’s recommendation, their decision not to implement it and the reasons for their decision.