The Government has introduced the Building Safety (Remediation of Unsafe Cladding etc) Bill to accelerate the identification and remediation of residential buildings with unsafe cladding. This is the first in a series of blogs from the Mills & Reeve construction and engineering team examining the Bill.
One of the key changes is a proposed register of occupied medium rise residential buildings in England. This would significantly extend registration of buildings beyond the higher-risk buildings covered by the Building Safety Act 2022. While the Government has not provided an estimate of the number of buildings this is likely to cover, it could bring tens of thousands of additional buildings within registration requirements.
Which buildings will need to be registered?
The Bill creates a framework under which the Secretary of State may establish a register of occupied “medium rise buildings”. Broadly, these are buildings in England which:
• Are at least 11 metres but less than 18 metres high, or have at least 5 but fewer than 7 storeys
• Contain at least two residential units
Lowering the threshold for registration, from 18 metres or 7 storeys to 11 metres or 5 storeys, is likely to bring a much larger and more geographically diverse group of buildings within scope compared to the higher-risk building regime. It will capture medium rise blocks commonly found in towns and suburban developments, rather than concentrating the requirement for registration principally on taller buildings in major cities.
The language used in the Bill may also widen the types of building covered. The definition of "relevant building" in Building safety legislation refers to two “dwellings”, whereas the proposed medium rise building regime refers to two “residential units” (similar to the higher-risk building definition). If that distinction remains, the new register may extend to accommodation such as halls of residence, with potentially significant implications for educational institutions.
Who will be responsible for registration?
The “registration duty holder” will be responsible for registration. Generally, this will be the person or organisation that owns any common parts of the building or is legally responsible for repairing them.
Where more than one person meets those criteria, the Bill provides rules for determining responsibility. These generally focus on the person or organisation with the relevant interest in, or repairing obligation for, the building’s structure and exterior. This reflects the Bill’s focus on cladding rather than wider building safety issues.
What should owners and managers consider now?
Owners and managers should begin identifying buildings within their portfolios that may meet the proposed medium rise building definition, checking whether they are occupied for the purposes of the new regime and considering who is likely to be the registration duty holder.
This is only the first step. Our next blog will consider what registration is expected to involve, the proposed sanctions for non-compliance and more detail on the practical steps that owners and managers can take to prepare.
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