UK Statutory Instrument 2023 United Kingdom

Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023

What this means for your business

6 obligations
1 penalties
2 guides
Enforced by
BSR
Applies to
United Kingdom
On this page
6 compliance obligations, 2 practical guides
Read full text on legislation.gov.uk

What you must do

6 compliance obligations under this legislation.

Management duties 2

Review and update residents’ engagement strategy

You must check the residents’ engagement strategy at least every two years and again whenever a consultation, a mandatory occurrence report, or significant building alterations happen. The strategy must contain the required engagement clauses, you must run consultations that last at least three weeks, and you must keep records of each review and consultation.

Any Person s.10 BSR Every 2 years, or after a consultation under s.91(1)(c), a mandatory occurrence …

Set up and run a building‑safety complaints system

If you are the Primary Accountable Person (PAP) for a higher‑risk building, you must have a clear complaints process. You need to publish a policy that explains what a complaint is, how it can be made, how it will be investigated and how it can be escalated to the regulator. All complaints must be acknowledged quickly, dealt with fairly, and responded to in writing within the time‑frames you set out.

Any Person s.12 BSR When you are the PAP for a higher‑risk building

Reporting and filing 4

Notify regulator of any change in accountable person for a higher‑risk building

When the person responsible for a higher‑risk building (the accountable person) stops being responsible, you must quickly send the regulator the details of the change. This includes who is leaving, who is taking over, the building’s registration number and the date of the hand‑over, and you must do it electronically and in a clear format.

Any Person s.9 BSR When the accountable person for a higher‑risk building ceases responsibility

Prepare and keep an electronic safety case report

If you are the accountable person for a higher‑risk building, you must produce a safety case report that details the building’s registration, description, identified safety risks, how you meet statutory obligations, how safety is managed and tested, and emergency arrangements. Keep the report in electronic form and tell the regulator whenever you revise it, explaining what changed and why.

Any Person s.5 BSR When you are the accountable person (PAP) for a higher‑risk building

Provide prescribed safety information to regulator, residents and owners

Unlimited fine

If you are the accountable person for a higher‑risk building, you must give the required safety documents to the regulator, other accountable persons, residents and owners as soon as reasonably practicable after they are created, updated, requested, or when a new resident moves in or ownership changes. The information must be sent electronically in an easy‑to‑understand format and key safety details must be displayed in the building’s common areas.

Any Person s.8 BSR When you act as the accountable person (AP) for a higher‑risk building …

Provide requested information in clear, written form

If a regulator or other authorised person asks the accountable person for information about a higher‑risk building, you must supply it in writing and make sure it’s easy to understand – include plain‑English summaries or explain any technical terms where reasonable.

Occupier s.11 BSR When a request for further information is made under section 92(3) of …

Penalties for non-compliance

1 penalty under this legislation. 1 carry an unlimited fine.

Unlimited fine

Provide prescribed safety information to regulator, residents and owners

Unlimited fine

s.8 Penalises: Provide prescribed safety information to regulator, residents and …

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

16 classified provisions from this legislation.

Duties 8

  • s.5 Safety case reports
  • s.8 Provision of information to the regulator, residents etc
  • s.9 Provision of information etc on changes in AP key needed
  • s.10 Residents’ engagement strategy relevant person likely
  • s.11 Requests for further information
  • s.12 PAP complaints procedures question as
  • s.13 Contravention notices
  • s.14 Compliance notices appeal

Definitions 5

  • s.2 Interpretation
  • s.3 Building assessment certificates
  • s.4 Management of building safety risks: prescribed principles
  • s.6 Mandatory reporting requirements safety occurrence
  • s.15 Appeals against decisions to refuse to remove buildings from the register