The Building Safety Act 2022 (the "Act") introduced a new regime to improve building safety, in relation to the spread of fire and structural failure, for "higher-risk buildings". The new building safety regime applies to both the development of a "higher-risk building", and the occupation of a "higher-risk building". However, the definition of what constitutes a "higher-risk building" varies slightly between the development and occupational phases.

The provisions of the new building safety regime in relation to occupied higher-risk buildings are now coming into force and all existing "higher-risk buildings" have to be registered with the Building Safety Regulator on or before 30 September 2023 (as discussed in more detail here). 

As such, it is vitally important for those who own, or who are responsible for the management of, residential buildings to understand whether their building constitutes a "higher-risk building" and, as such, is subject to the new building safety regime as failure to comply with the new building safety regime can result in prosecution by the Building Safety Regulator, with the potential for the imposition of unlimited fines and, in the case of individuals, sentences of up to two years in prison.

Whether or not an occupied building constitutes a "higher-risk building" depends upon a number of factors, including the height of the building and the use of the building, but in summary, a building will constitute a "higher-risk building" during its occupational phase if:

  • it is over 18 metres or 7 storeys in height; and
  • contains two or more residential units (including university accommodation).

However, there are a number of exceptions to the definition of a "higher-risk building" and buildings which are entirely used as hospitals, care-homes, secure residential institutions (i.e. prisons etc.), hotels and/or military facilities are excluded from the new building safety regime.

In order to assist those who own, or who are responsible for the management of, residential buildings to understand whether their building falls within the definition of a "higher-risk building" the Government has now published guidance (here) on the criteria that are used to determine whether an occupied building constitutes a "higher-risk building". 

If you have any questions or queries in relation to this issue, or any other aspect of the new building safety regime introduced by the Act, please contact Tom Weld.