1 Commencement of the Part 4 Regime for Occupied Higher-Risk Buildings
The requirements on accountable persons to assess and manage the building safety risks came into force on 16 January 2024, alongside other requirements for the new higher-risk building regime for occupied buildings. Accountable persons for occupied higher-risk buildings now need to meet the legal duties placed on them through the Building Safety Act 2022 and related legislation.
However, while duties on accountable persons under Part 4 of the Act have now commenced, the Government and the Building Safety Regulator (BSR) recognise the concerns raised regarding the time needed to prepare, and the costs associated with compliance and the Regulator will take a pragmatic approach as the new regime comes fully into force. Accountable persons should, though, start to prepare for the new regime now.
If you are responsible for safety in an occupied higher-risk building then more guidance on your duties and responsibilities can be found here.
2 Non-Determination Applications for Higher-Risk Buildings Procedures
The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 include provisions through which specified applications may be determined by the Secretary of State. This is in instances where a decision has not been issued by the Building Safety Regulator within the required timeframe and where an extension has not been agreed. These applications, known as non-determinations applications, are made to the Secretary of State under section 30A of the Building Act 1984.
The Department for Levelling Up, Housing and Communities (DLUHC) has published further information here.
3 Building Safety Levy
DLUHC has published the Government’s response to the consultation on the Building Safety Levy which ran from 22 November 2022 to 7 February 2023. The Department has also launched a further technical consultation. This consultation seeks views on the design and implementation of the Building Safety Levy, which will apply to certain new residential buildings requiring building control approval in England.
The further consultation, which closes on 20 February 2024, can be accessed and completed directly using the following link.
4 BS 9792 Fire Risk Assessment – Housing – Code of Practice
The British Standards Institution (BSI) has launched a consultation for the development of a new standard BS 9792 Fire Risk Assessment – Housing – Code of Practice.
The BSI is looking to replace PAS 79-2 with BS 9792.
The consultation will close on 25 March 2024. Further information can be found here.
