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 Effect
The new regulatory regime will regulate building safety risks in higher-risk buildings – building safety risks are defined in section 62. The Act provides a power for the Secretary of State to prescribe new building safety risks in section 62. This may be done only following consultation with the Building Safety Regulator and appropriate persons.
	Section 63 sets out that the Building Safety Regulator may proactively recommend to the Secretary of State that a new "building safety risk" should be prescribed. Before making a recommendation, the Building Safety Regulator must be satisfied that if a new "building safety risk" occurred in a higher-risk building or a particular type of higher-risk building, it would have the potential to cause a major incident (serious injury or death for a significant number of people).
	The Building Safety Regulator may also recommend to the Secretary of State to specify a new "building safety risk" and a new class of higher-risk building simultaneously. Before making such a recommendation, the Building Safety Regulator must be satisfied that if the new building safety risk occurred in the new class of higher-risk building it would have the potential to cause a major incident (serious injury or death to a significant number of people), that the risk of it occurring in the new class of higher-risk building is higher than in other buildings, and that the new occupation regulatory regime should apply to the new class of "higher-risk building".
	The Building Safety Regulator may also recommend the removal of a previously prescribed building safety risk on the grounds that it would not cause a major incident. The Regulator is unable to recommend under this section that fire spread or structural safety are removed from the definition of building safety risks.
	When making a recommendation, the Building Safety Regulator must include details of the issues that have been considered to reach the recommendation.
	Supplementary to section 62 and section 63 is section 64. In addition to the requirement to consult in section 62, the Secretary of State can ask the Building Safety Regulator to advise them as to whether a particular new "building safety risk" should be prescribed. The Building Safety Regulator is obliged to provide the requested advice.
	Schedule 5 will support this function of the Building Safety Regulator and requires the Building Safety Regulator to keep the safety of people in and about buildings in relation to risks arising from buildings under review.
	If the Secretary of State does not follow the recommendation of the Building Safety Regulator under section 63, 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.