Higher-Risk Building Registration and Safety Cases

What This Requirement Covers

The Building Safety Act 2022 requires all existing higher-risk buildings (residential buildings over 18 metres or 7 storeys) in England to be registered with the Building Safety Regulator (BSR) and, subsequently, to have a building safety case prepared. This is a fundamental shift from the previous system, which did not require ongoing building safety management.

Key Requirements

Registration

1. All higher-risk buildings must be registered on the Building Safety Regulator's register
2. Registration was required by 1 October 2023
3. The Principal Accountable Person (PAP) is responsible for registering the building
4. Registration information includes: building address, number of storeys, number of residential units, type of residential use, and contact details for the PAP

The Building Safety Case

The PAP must prepare a building safety case that demonstrates how fire and structural safety risks are being managed. The safety case includes:

1. A building safety case report: A document summarising the safety management of the building
2. A fire risk assessment (compliant with the Fire Safety Order and the Fire Safety (England) Regulations 2022)
3. Details of the fire strategy and evacuation plan
4. The Golden Thread information (all design, construction, and maintenance records)
5. Information about the Accountable Persons and their roles
6. Details of mandatory reporting occurrences (fires, structural failures, etc.)

Mandatory Occurrence Reporting

The PAP must report certain safety occurrences to the BSR

1. A fire that causes a fatality or injury requiring hospital treatment
2. A structural failure or collapse of any part of the building
3. Any occurrence that presents a significant risk to life safety

Residents' Engagement Strategy

1. The PAP must prepare and implement a residents' engagement strategy setting out how residents will be:

- Informed about fire safety measures in the building - Consulted about decisions affecting their safety - Given access to relevant safety information (in an accessible format)

1. Residents can request safety information and can complain to the BSR if they have concerns about building safety

Enforcement

1. The BSR can issue compliance notices requiring the PAP to take specific actions
2. The BSR can issue improvement notices for specific deficiencies
3. In serious cases, the BSR can issue a prohibition order preventing occupation
4. Failure to register or prepare a safety case is a criminal offence

Practical Compliance Tips

1. If you manage a higher-risk building, confirm that it is registered with the BSR
2. Appoint the PAP and any other Accountable Persons formally, with written documentation of their duties
3. Start compiling the building safety case information now; gathering historical design and construction data is time-consuming
4. Commission a comprehensive fire risk assessment from a suitably qualified assessor
5. Establish a system for mandatory occurrence reporting, ensuring all relevant staff know what to report and when
6. Develop and implement the residents' engagement strategy proactively; this builds trust and supports safety management
7. Keep the safety case report under continuous review; it is not a one-off document