Implementing the Building Safety Act 2022: more guidance from the HSE and Home Office; Regulator’s Charges Regulations published


  • Building safety

21 September 2023

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With the important milestone of 1 October nearing for the implementation of the Building Safety Act, more guidance has been published by the Health and Safety Executive (HSE). While many Part 4 sections of the Act will not yet commence as was previously anticipated, certain elements will commence, an offence will be committed if the building is occupied but not registered. Part 4 sections that will commence on 1 October are those relating to registration of the building, compliance notices and their appeals, appeals against the decisions of the regulator and liability of officers of body corporate (sections 76-78, 99, 100, 103-106 and 161).

The guidance published earlier this week relates to the in-occupation parts of the new building safety regime for higher-risk buildings in England. Please see below.

Understand the roles and legal duties of accountable persons and the principal accountable person for a high-rise residential building (HSE, 20 September).

Duties of the principal accountable person and accountable persons of a high-rise residential building to prepare and update a resident engagement strategy (HSE, 19 September).

Responsibilities of the principal accountable person for a high-rise residential building’s safety case report (HSE, 19 September).

Responsibilities of accountable persons for a building’s safety case (HSE, 19 September).

Help with building safety risk assessment, managing risk, and safety management systems for high-rise residential buildings (HSE, 19 September).

How to conduct routine checks on fire doors and provide information to residents. (Home Office, 18 September).

All guidance can also be found here.

Also published this month was The Building Safety (Regulator’s Charges) Regulations 2023, which sets out the approach to charging by the Building Safety Regulator, including for many actions to the regulator by the accountable person.

As detailed in our last update (Building safety updates: more Regulations published; Building Safety Alliance to become a charity), we are expecting further secondary legislation this month. The Higher-Risk Buildings (Keeping and Provision of Information etc) (England) Regulations, will cover the information that accountable persons for occupied higher-risk buildings need to keep as golden thread information and what information they need to share with residents and other people who are involved in ensuring the safety of the building.