Part 4: Higher-risk buildings Miscellaneous and general Section 108: Guidance Background
Historically, there has always been detailed guidance (the Approved Documents) to give further detail in respect of the functional requirements set out in Building Regulations. This section sets out those areas of this Act where similar guidance, with statutory force, is needed to give guidance to those with duties under the new occupation regime.
Example 1
In order to assist Accountable Persons with setting up and operating a complaints procedure for the residents of higher-risk buildings, the Building Safety Regulator will have the power to set out in guidance with statutory force the key features of such a scheme. Even if the Accountable Person does not have particular experience in operating such a scheme, if they stick to the requirements set out in the regulator’s guidance, they will have comfort that, because of subsection (3), they will be able to rely in court or tribunal proceedings on compliance with the guidance as tending to establish compliance with the legal requirements.