It will not be news to many that higher-risk buildings in England that residents occupy or could occupy, of which there are approximately 12,500, need to be registered with the Building Safety Regulator by 30 September 2023.

Figures released by the Regulator last month, however, confirm that only 750 applications have been started since it launched its online register this April.  Criminal sanctions await those who fail to meet the deadline, and so it is imperative that those responsible for the management of higher-risk properties prepare now.

So which buildings are higher-risk?

Part 4 of the Building Safety Act 2022 sets out the basic definition at Section 65(1):

“… higher-risk building” means a building in England that—

(a) is at least 18 metres in height or has at least 7 storeys, and

(b) contains at least 2 residential units.”

The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations SI 275/2023 provides further detail and confirms that certain buildings are excluded by Regulation 8:

a building that comprises entirely of:

  • a care home;
  • a hospital;
  • a secure residential institution;
  • a hotel; or
  • a military barracks, a building that contains living accommodation provided by the Ministry of Defence (either alone or in combination with other accommodation), a building that contains living accommodation (either alone or in combination with other accommodation) for— (1) His Majesty’s forces; or (2) any visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964.

Who needs to register higher-risk buildings?

The Principal Accountable Person (PAP) will need to make sure that the building is registered. 

An Accountable Person under the Building Safety Act 2022 is an individual or organisation that owns or has a legal obligation to repair any common parts of the relevant building.  There may, therefore, be more than one Accountable Person, but each must have one PAP, and this person or entity is usually whichever owns or have a legal obligation to repair the structure or exterior of the Building. 

What does the PAP need to do to register?

  • Apply online;
  • Pay the fee of £251 per building;
  • Provide a summary of the building (such as confirming the number of floors at or above ground level, the height of the building and how many residential units it contains);
  • Provide information about the structure and fire safety information (such as the building’s use, the fire and smoke controls therein, the type of structure, roof, staircases and external walls).

As well as registering the Higher-Risk Building the PAP will have other, ongoing, responsibilities, such as making sure that the structural and fire safety risks are properly managed for the whole building and notifying the Regulator or any changes to these.

If you are uncertain about any of the above, or want to discuss other building safety points, then please contact the Forsters’ Building Safety Team.