Building Safety Act - 6 months to register

Published 15 marzo 2023

Last month marked the launch of HSE’s campaign aimed at owners and managers of high-rise residential buildings (HRB), to inform them of the new legal duties and obligations and ensure they are prepared to comply with requirements under the Building Safety Act 2022 (the Act) as key provisions come into force. 

As part of its campaign, which will run throughout March, HSE is urging those responsible for all existing occupied higher risk HRB* in England to register with the newly established Building Safety Regulator (BSR) from April 2023.  From this date those responsible for the estimated 12,500 affected buildings in England, will have 6 months to register with the BSR.  From October 2023, the BSR becomes the new building control authority for HRB and developers must apply to the BSR before commencing work on any HRB.   

The person or organisation who owns or has responsibility for the building – the “accountable person” (AP) will have the duty to register. Where there is more than one AP, the AP responsible for the structure and exterior of the building, the Principal Accountable Person (PAP), will be required to register the building with the BSR and, as part of the application, will be required to supply any additional supporting information required under the legislation.   

It is not yet clear what supporting information will be required, nor the fee for registration.  We are awaiting the outcome of the Government’s consultation on these matters which is anticipated shortly.

Before making an application for registration, the BSR advises applicants to collate the information set out below about their buildings, we recommend this information is gathered now as a minimum:

• building name, address, and postcode;
• building height, in metres;
• number of floors in the building;
• who is the PAP?
• who are the APs?
• which parts of the building are they responsible for?
• the year the building was completed (fully constructed);
• for new builds, confirmation of your completion certificate.

The Government has also consulted on its proposal to require PAPs to provide Key Building Information (KBI) alongside, but not as part of their application for registration, and the draft regulations which set out the requirements to provide the KBI are expected to be brought into force imminently.   

HSE sees the registration process as a crucial stage in establishing the new building safety regime and a failure to comply with the legal registration requirements for occupied buildings by October 2023 may result in investigations and ultimately, criminal prosecution for owners and managers.

Given the short timeframe, lack of clarity around the information required as part of the registration requirements and the potential for criminal liability for failing to comply, it is imperative that those property owners and managers who think they may be affected by the requirements keep abreast of developments in this area and take advice as early as possible if there is any uncertainty as to what the Act may mean for them.  

For more information and to sign up for updates from the BSR you can visit their website here.

*high-rise residential buildings which are 18 metres tall or higher, or at least seven storeys, with two or more residential units are defined as ‘higher-risk’.