Part 4: Higher-risk buildings Meaning of "higher-risk building" Section 69: Recommendations about definition of "higher-risk building" etc Effect
The new in occupation regime will regulate building safety risks in higher-risk buildings. Section 65 sets out the definition of "higher-risk building" for Part 4 of this Act.
	This section provides that the Building Safety Regulator must recommend to the Secretary of State that a particular description of buildings should be subject to regulation under the regime if the conditions 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.
	In making recommendations, the Building Safety Regulator must also make a recommendation as to whether the application of Part 4 should be modified for the description of building which it has recommended should come into scope of the regulatory regime (using the power in section 68). This is because there might be cases where it is not appropriate to apply every provision of the regime in occupation to a certain description of building, and so when making its recommendation about bringing a description of building into scope of the regulatory regime, the Building Safety Regulator must also consider which provisions it thinks are appropriate to apply to that description of building.
	When making a recommendation to add a description of building to the definition of "higher-risk building", the Building Safety Regulator must provide the Secretary of State with a statement of the issues considered.
	If the Secretary of State chooses not to follow a recommendation of the Building Safety Regulator, then they must publish a document which sets out the Regulator’s recommendation, the Secretary of State’s decision not to follow the recommendation, and the reasons for that decision.
	The Building Safety Regulator may also recommend the removal of a description of higher-risk building from the regulatory regime.
	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.
	The Building Safety Regulator would use the powers in this section if, following the commencement of the regulatory regime, the Building Safety Regulator independently considers, either through evidence or experience of operating the regime, it needs to make recommendations to the Secretary of State to amend the definition of "higher-risk building", because the tests in subsection (1) are met.