Building Safety Update: The in-occupation regime is out for consultation (Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations)

A key part of the changes to building safety legislation includes a new, more stringent regulatory regime for occupied “higher-risk buildings” to be introduced under the Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations. This will place legal responsibilities on those who:

  • commission building work or are otherwise involved in the design and construction of building work (known as “Dutyholders”); and
  • are responsible for managing structural and fire safety risks when the buildings are occupied (known as “Accountable Persons”).


Having confirmed that a “higher-risk building” is one which contains at least 2 residential units and is at least 18 metres or 7 storeys high, the Government has now opened a consultation on this new ‘in-occupation’ regime. The consultant seeks views on key elements such as

  • the duties of an Accountable Person;
  • certification duties;
  • the requirements to register the building, the introduction of a safety case approach to managing fire and structural safety during occupation; and
  • the contents of the golden thread and how this is managed and stored (together with other key building information).


The consultation closes on 12 October 2022. Before then, do look out for a second blog on this regime and consultation from my colleague Kate Rushworth.

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