Our blog last month advised that the window for registering higher-risk buildings (“HRBs”) was due to open in April 2023, with the Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023 coming to force today (6 April 2023).

We also today see the Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 come into force. The Explanatory Notes for these regulations state that they are intended to specify key building information that must be provided to the Building Safety Regulator about HRBs, as required by section 89 of the Building Safety Act 2022 (“BSA 2022”), and to clarify the parts of an HRB for which an Accountable Person is responsible in relation to their duties under BSA 2022.

Whilst media attention focuses on HRBs, we have also seen developments in respect of other multi-occupied residential buildings. It has been announced that section 156 of the BSA 2022 will come into force on 1 October 2023. Section 156 of the BSA 2022 enacts several changes to the Regulatory Reform (Fire Safety) Order 2005 that will apply to all buildings within the scope of the Order – not just HRBs. The press release from the Home Office states that this stage of reform “strengthens fire safety in all FSO regulated premises by:

• improving cooperation and coordination between Responsible Persons (RPs)
• increasing requirements in relation to the recording and sharing of fire safety information thus creating a continual record throughout a building’s lifespan
• making it easier for enforcement authorities to take action against non-compliance
• ensuring residents have access to comprehensive information about fire safety in their building”

The press release further states “We are not at this stage commencing a requirement for [responsible persons] to ensure that anyone they appoint to do a fire risk assessment is competent. We are actively working with the sector to develop a robust rollout plan and will provide more information on this in the coming months”.

We understand further guidance will be released in the coming months regarding the changes that will come into force on 1 October 2023.

The Home Office has produced 3 new fire safety guides (here) covering small non-domestic premises, small blocks of flats (three storeys), and small paying guest house accommodation. These provide guidance on how those owning, managing and/or controlling this type of property can ensure compliance with fire safety laws in these buildings. The guides emphasise that all premises are different, as are the people who own, manage or live in them. What may be considered good enough protection in one premises may not be considered good enough in another.

For more information and advice about the developing fire and building safety regime, please contact the Anthony Collins regulatory team.