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29.08.2023

Upcoming deadline for registration of higher-risk buildings: ensuring safety and compliance

New regulations have recently been enacted for higher-risk buildings. As of 6 April 2023, the government has introduced the Higher-Risk Buildings Regulations 2023, a comprehensive framework that outlines new guidelines applicable to existing higher-risk buildings. These regulations mark a critical step towards enhancing building safety standards and safeguarding the well-being of occupants. As developers, investors, and property managers, understanding the key dates and next steps within the new building safety framework is essential.

Defining Higher-Risk Buildings

Higher-Risk Buildings, as specified by the new regulations, include buildings that are;

  • at least 18m high or;
  • have at least seven storeys in height and;
  • contains at least two residential units.

It is worth noting that certain categories are excluded from this definition namely, hotels, secure residential institutions, as well as military barracks and other living accommodations provided by the Ministry of Defence.

Care homes and hospitals fall under this definition during their construction phase, but they are excluded once multiple residential units within the building are occupied.

Registration Responsibility and Deadline

According to the Act, a Principle Accountable Person (PAP) is responsible for registering the building. A PAP can be an individual who is a building owner, a management company, or an organisation. A PAP has the responsibility of registering their building with the Building Safety Regulator (BSR) before the impending deadline of 30 September 2023. The failure to adhere to this timeline constitutes a criminal offence. Moreover, allowing residents to occupy an unregistered building after this date, will also be an offence.

From 1 of October 2023, all new buildings must be registered by the PAP before residents are allowed to take occupancy.

Registration Process

To complete the registration of a "Higher-Risk Building", you can access the government website. The registration fee for each building amounts to £251. Essential information you are required to provide during registration includes specific building details, structural information, fire safety information, and details of the PAP.

Next Steps 

Considering these regulatory changes, we strongly advise you to take the following steps:

  • Gain an understanding of the how the new legislation will impact your role. This entails assessing both occupied buildings and those under construction.
  • Identify which among the existing higher-risk buildings would need to be registered under the building safety regulator.
  • Identify the PAP for each relevant building.
  • Implement processes to ensure compliance to the new legislation.

How we can help

To speak to one of our experts about this contact the Irwin Mitchell Real Estate team.