Part 4: Higher-risk buildings Meaning of "higher-risk building" Section 70: Advice about definition of "higher-risk building" etc Effect
The new in occupation regulatory regime will regulate building safety risks in higher-risk buildings in England. The Secretary of State can ask the Building Safety Regulator to advise them as to whether a type of building should become a higher-risk building, or a type of building should be removed from that definition. The Building Safety Regulator is obliged to provide such advice on request.
	This section sets out that if the Secretary of State asks the Building Safety Regulator to provide advice as to whether a new description of building should be added to the definition of "higher-risk building", the Regulator must consider whether the conditions at subsection (2) (a) - (c) of the section are met. The conditions are: the Building Safety Regulator must be of the view that building safety risks in the type of building in question are higher than in buildings in general, that if the building safety risks arose in the type of building in question it could cause a major incident (serious injury or death to a significant number of people) and that the Regulator considers it appropriate for the regulatory regime to apply.
	If the Building Safety Regulator considers the conditions are met, it must consider which parts of the occupation regulatory regime should apply. The Regulator must then recommend to the Secretary of State that the new description of building is added to the definition of "higher-risk building", specify whether Part 4 should be modified and provide a statement of the issues it considered alongside the recommendation.
	If the Building Safety Regulator considers the conditions are not met, it must provide advice that the new description of building should not be added to the definition of "higher-risk building", and provide a statement of the issues it considered.
	This section also sets out that the Building Safety Regulator must provide advice as to whether a description of building should be removed from the definition of "higher-risk building", if the Secretary of State requests it.
	Section 65 provides for the Secretary of State to amend the definition of higher-risk buildings in regulations. The power is flexible because section 68 gives the Secretary of State a power, by regulations, to apply only parts of the in occupation regulatory regime to descriptions of higher-risk buildings.
	Schedule 5 will support this function of the Building Safety Regulator as it requires the Building Safety Regulator to keep the safety of people in and about buildings in relation to risks arising from buildings under review.