Citation, commencement, extent, application and interpretation

1.—(1) These Regulations may be cited as the Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 and come into force on 6th April 2023.

(2) These Regulations extend to England and Wales and apply to England only.

(3) In these Regulations—

“the 2022 Act” means the Building Safety Act 2022;

“ancillary building” in relation to a higher-risk building means any structure or section that is attached to but does not form part of that higher-risk building;

“AP” means accountable person(2);

“external wall” has the meaning in regulation 2(6) of the Building Regulations 2010(3);

“ground level” means—

“PAP” means principal accountable person(4);

“storey” includes any gallery floor that is a floor open to the storey below and whose internal floor area is at least 50% of the internal floor area of the largest storey vertically above or below it (excluding any floor below ground level);

“storey below ground level” means a storey where any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.

Key building information as prescribed information

2.  The prescribed information (“key building information”) is information as set out in regulations 3 to 18.

Key building information: ancillary building

3.  Whether the higher-risk building has any ancillary building and whether that ancillary building is a higher-risk building(5).

Key building information: use

4.—(1) The principal use of—

(a)the higher-risk building,

(b)any ancillary building,

(c)any outbuilding,

(d)any storey below ground level in the higher-risk building.

(2) “Outbuilding” in relation to a higher-risk building means any permanent or temporary building, whether or not attached to the higher-risk building but not forming part of it, that is used for purposes incidental to the enjoyment of the higher-risk building.

5.—(1) The subordinate use of—

(a)the higher-risk building, save in respect of a residential unit(6) in that higher-risk building,

(b)any ancillary building,

(c)any storey below ground level in the higher-risk building.

(2) “Subordinate use” means any use other than the principal use.

6.  Whether since its construction there has been a change to the principal use of the higher-risk building.

7.—(1) “Use” must be described using the following categories—

(a)residential (dwellings),

(b)residential (institutional),

(c)residential (other),

(d)office,

(e)shop and commercial,

(f)assembly and recreation,

(g)industrial, or

(h)storage and other non-residential

(2) For the purposes of interpreting the categories in paragraph (1) regard must be had to Table 0.1 “Classification of purpose groups” of Approved Document B (Fire safety) volume 1: Dwellings (2019 edition incorporating 2020 and 2022 amendments) that came into force on 1 December 2022(7).

Key building information: materials

8.  With regard to the external wall of the higher-risk building—

(a)a description of the material used in its composition, and

(b)if there is more than one material, what percentage of the whole does each material constitute.

9.  If there is insulation of the external wall—

(a)a description of the material used in the composition of that insulation, and

(b)if there is more than one material, what percentage of the whole does each material constitute.

10.  With regard to the roof of the higher-risk building—

(a)the main material used in the composition of the part of the roof that provides a waterproof covering,

(b)whether there is a separate layer of insulation, and

(c)whether the roof plane is pitched or flat or a combination of both.

Key building information: fixture on external wall

11.  With regard to any fixture attached to the external wall or roof of the higher-risk building—

(a)the type of fixture, and

(b)the main material from which the fixture is composed.

Key building information: structure

12.  With regard to the structure of the higher-risk building—

(a)the main material used, and

(b)the type of structural design the building has in order to comply with Part A (Structure) of Schedule 1 to the Building Regulations 2010(8).

Key building information: storeys and staircases

13.  The number of storeys below ground level that are in the higher-risk building.

14.  In relation to staircases—

(a)the number of staircases that the higher-risk building has, and

(b)how many of those staircases serve, as part of the same flight of stairs, the storey at ground level and every storey above it.

Key building information: energy

15.  The type of energy supply to the higher-risk building.

16.  The type of energy storage system of the higher-risk building.

Key building information: emergency planning

17.  A description of the type of evacuation strategy that is in place for the higher-risk building.

18.—(1) A list of the fire and smoke control equipment within the higher-risk building, save for that provided by a resident for their own use.

(2) Where in the building the equipment is located.

Key building information duties

19.  The PAP must provide to the regulator(9) key building information for each higher-risk building for which they are the PAP.

20.  The key building information for a higher-risk building must be submitted within 28 days of the PAP submitting an application for registration of that higher-risk building(10).

21.  The PAP must notify the regulator of any change to the key building information within 28 days of the PAP becoming aware of the change.

22.  If there is more than one AP for a higher-risk building each AP must, for the part of the building for which they are responsible(11), provide the PAP with—

(a)notice and details of any change to the key building information within 28 days of the AP becoming aware of the change,

(b)if requested by the PAP, key building information as soon as reasonably practicable from the date of request from the PAP.

23.  A submission of, or notification about, key building information to the regulator may be made by a person authorised on behalf of the PAP for that building.

Provision of key building information to the regulator

24.  The key building information to be provided to the regulator must be in electronic form.

Direction by regulator

25.—(1) The regulator may make a direction as to the way in which key building information must be given.

(2) The direction may include a requirement to give the information via a website address provided for that purpose by the regulator.

(3) The regulator must publish any direction under this regulation on its website and make it available for inspection at its principal offices during normal office hours.

(4) The regulator may, by a further direction, amend or revoke a direction made under this regulation.

Part of the building for which an AP is responsible: buildings with only one AP

26.—(1) If a higher-risk building has only one AP and the AP is a commonhold association, the AP is responsible for the following parts of the building —

(a)the common parts of the building,

(b)any commonhold unit,

(c)any balcony, and

(d)any other part of the building to which the Regulatory Reform (Fire Safety Order) 2005(12) does not apply.

(2) If a higher-risk building has only one AP and the AP is not a commonhold association, the AP is responsible for the following parts of the building—

(a)the common parts of a building,

(b)any residential unit,

(c)any balcony, and

(d)any other part of the building to which the Regulatory Reform (Fire Safety Order) 2005 does not apply.

(3) The common parts of the building are defined by—

(a)section 25(1) (definition) of the Commonhold and Leasehold Reform Act 2002(13) in relation to paragraph (1), and

(b)section 72(6) of the 2022 Act in relation to paragraph (2)

(4) In this regulation “commonhold association” means as defined under Part 1 of the Commonhold and Leasehold Reform Act 2002.

Buildings with more than one AP

27.  If a higher-risk building has more than one AP, the parts of the building for which an AP is responsible is determined by reference to regulations 28 to 30.

28.  An AP is responsible for the part of the common parts of the building for which they hold a legal estate in possession or a repairing obligation.

29.  An AP who holds a legal estate in possession in or a repairing obligation in relation to any part of the exterior of the building, is responsible for any balcony attached to that part of the exterior.

30.—(1) If an AP has the right to let or (excluding a residential unit let on a long lease(14)) lets a residential unit in the building, the AP is responsible for that unit.

(2) If a residential unit is let under a long lease, the AP responsible for the unit is—

(a)the lessor in relation to the long lease, or

(b)where, by virtue of section 72 of the 2022 Act, the lessor in relation to the long lease is not an AP, the AP responsible for the part of the common parts that adjoins or is nearest to the main entrance door of the unit.

(3) For this regulation, the residential unit is treated as including any garden, yard, garage, outhouse, or other appurtenance that is—

(a)within the higher-risk building,

(b)for the use, benefit and enjoyment of a resident of that unit, and

(c)not a part subject to regulations 28 and 29.