Yesterday (17th August 2023), Parliament published 5 separate pieces of secondary legislation in respect of the implementation of the Building Safety Act 2022.
Whilst the majority of these regulations relate to construction activity and how both developments and refurbishments will be managed on an on-going basis, the Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 has an impact on owners and managing agents of existing residential buildings in scope under the Act.
The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 provides specific requirements and details relating to:
- Building Assessment Certification - setting out the need to apply to the Regulator, when they direct, for a Building Assessment Certificate and how this is to be undertaken.
- The Management of Building Safety Risks – setting out new “management principles” for the management and assessment of building safety risks (fire and structural).
- Safety Case Reports – setting out the minimum contents of a safety case report as well as when these reports have to be updated and published to the Regulator.
- Mandatory Occurrences – defines what constitutes a mandatory occurrence along with the process for reporting these to the Regulator.
- Keeping and Sharing Information – sets out the need for and requirements for keeping and sharing building safety information.
- Residents Engagement Strategies – provides requirements for the minimum contents of a strategy as well as the need to update and review the engagement strategies at set frequencies or events, and
- Complaint Management - setting out the requirement for APs to have in place and publish a formal complaints process to residents including detailing how complaints are to be responded to or challenged.
Over the coming weeks, the Government and Regulator are due to publish additional guidance to support these regulations and Ark will continue to update its clients on these changes.
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