Part 4: Higher-risk buildings Duties relating to building safety risks Section 86: Notification and provision of report to the regulator Background
This is a new provision.
	The Independent Review recommended new responsibilities should be placed on dutyholders to proactively manage risks and work with residents to ensure that the building remains safe throughout its life cycle.
	The Building Safety Regulator’s assessment of safety case reports is one of the main ways Accountable Persons will be held to account. Safety case reports will need to demonstrate that potential building safety risks have been properly assessed and that proportionate measure are in place to reduce and control them on an ongoing basis. Safety case reports will be reviewed by the Building Safety Regulator as part of an application for a Building Assessment Certificate.
Example 1
In the context of a high-rise residential building already in possession of a Building Assessment Certificate, following a change in the assessment of building safety risks, the Principal Accountable Person updates their safety case report. Once the report has been amended, the Principle Accountable Person notifies the Building Safety Regulator.
The Building Safety Regulator decides to assess the Safety Case Report at this stage, rather than waiting until the Principal Accountable Person is required to apply for a renewal of the Building Assessment Certificate, as described in Section 80, due to the extent of the changes made to the Safety Case Report.
Example 2
The Building Safety Regulator requests a copy of a Safety Case Report from a Principle Accountable Person, because an incident in another building for which they are responsible reveals that building safety risks had not been properly considered and as a result of the incident, recommendations have been made.
If the Building Safety Regulator requests a copy of the Safety Case Report, it is likely that an update will be required. The review of the Safety Case Report by the Building Safety Regulator requires there to be an update to the current assessment of building safety risks for that building, and where needed further steps are taken to manage the risks.
Example 3
An Accountable Person notifies the Building Safety Regulator that they have made revisions to the Safety Case Report for a building for which they are responsible, to accommodate new steps they have taken in the light of recommendations from an inquiry. Upon receiving the notification, the Building Safety Regulator requests submission of the revised Safety Case Report and assesses it. The regulator is not confident from their assessment that the steps taken are sufficient and decides to inspect the building to investigate further. The inspection confirms that the steps employed are insufficient and the Building Safety Regulator works with the Accountable Person to ensure all reasonable steps are in place. If needed the regulator could direct the Accountable Person to take these measures under section 84 and/or to issue a compliance notice under section 99 which requires that contraventions of the Accountable Person’s obligations are remedied, but in this instance these enforcement actions are not needed.