Part 4: Higher-risk buildings Meaning of "higher-risk building" Section 69: Recommendations about definition of "higher-risk building" etc Background
This is a new provision.
Example
The following is a hypothetical example.
Two years after the regime comes into force, with experience of operating the regime, the Building Safety Regulator 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.
In order to make a recommendation to the Secretary of State, the Building Safety Regulator must consider that the building safety risks in relation to this type of building are higher than in buildings in general and that if the risk materialised it has the potential to cause a major incident. If that is the case, and if the Regulator thinks it appropriate, the Regulator must recommend to the Secretary of State that single-storey premises in areas of high flood risk, should be considered higher-risk buildings.
In this example the Building Safety Regulator must also consider whether Part 4 should apply in its entirety to single-storey premises in areas of high flood risk, or whether it should be modified or disapplied in part.
The Secretary of State would then consider this recommendation. In this example, if the Secretary of State agreed with the recommendation, they would then have to consult other appropriate persons and undertake and publish a cost benefit analysis. Following that, if the Secretary of State chooses to make regulations under Section 65 to bring single-storey premises in areas of high flood risk into scope of the in-occupation elements of the regulatory regime, the regulations would be subject to the affirmative resolution procedure in both Houses of Parliament. Subject to Parliament’s approval, this type of building would then be regulated by the Building Safety Regulator subject to a suitable transition period.
If the Secretary of State disagreed with the Building Safety Regulator and chose not to prescribe single-storey premises in areas of high flood risk as higher-risk buildings, the Secretary of State would be required to publish a document setting out the original recommendation, and stating both their decision not to follow the recommendation and reasons why.