Part 4: Higher-risk buildings Meaning of "building safety risk" Section 63: Recommendations about regulations under Section 62; and Section 64: Advice about regulations under section 62 Background
These are new provisions.
Example
The following example is purely hypothetical.
Several years after the new regulatory regime is transitioned in, the Building Safety Regulator, through its duty to keep the safety and standard of buildings under review, becomes aware of a construction product with previously unknown consequences which has the potential to cause a major incident. This could be a similar scenario to the historical issues of using asbestos. One of the actions the Building Safety Regulator may take is to provide a recommendation to prescribe a new building safety risk and regulate the risk through this regime. It would also recommend that the categories of buildings affected become higher-risk buildings.
If the Secretary of State accepts these recommendations, they must consult other appropriate people and, undertake a cost benefit analysis of the addition of a new category of building to the definition of higher risk building before they can make regulations to put the recommendation into effect.
After some time, protocols for dealing with the product may have become widely known and the product may be less prevalent in buildings. Therefore, the Building Safety Regulator may recommend to the Secretary of State to remove the product as a prescribed risk, as it is no longer appropriate for it to remain a building safety risk within this regime.
The Secretary of State may make regulations to put this recommendation into effect after consulting other persons they consider appropriate.