The online service enabling the registration of higher-risk residential buildings with the Building Safety Regulator has been launched this month. All occupied higher-risk buildings will need to be registered by 30 September 2023.

In this insight we outline the key points on who’s responsible to carry out the registration and what consequences are on the cards for those who have failed to comply.

What are higher-risk buildings? 

The Building Safety Act 2022 defines higher-risk buildings as those with at least seven storeys or are at least 18 metres in height, and contain at least two residential units.

Who is responsible for the registration?

The Principal Accountable Person (PAP) for each higher-risk building is legally responsible for ensuring that the building is registered.

A PAP can be an individual or an organisation such as a housing association, and will need to be identified for each higher-risk building. The PAP can appoint an agent to register the building on their behalf, but the legal responsibility to ensure registration will remain with the PAP.

What is required for registration?

The principal requirements include:

• the address of the building and the year it was finished (age band will suffice if precise details are not known)
• identity of the PAP (and any other Accountable Person) and relevant contact details
• payment of the registration fee per building (currently £251)
• “key building information” including:
  •  main structural materials and structural design
  • presence and number of storeys and staircases
  • evacuations strategies in place, including fire and smoke detection equipment.

What are the consequences of non-compliance?

A PAP who fails to register an occupied higher-risk building by the deadline will commit a criminal offence. Consequences of this offence may include a fine, imprisonment or both.

Summary

All occupied higher-risk buildings will need to be registered by 30 September 2023. This provides a six month window for registration and therefore owners of residential buildings and those with management responsibilities should:

• determine which of their buildings are higher-risk buildings
• identify the PAP
• ensure the registration process is completed by the deadline.

How Capsticks can help

Our housing and regeneration team, one of the largest in the country, advises on all types of development transactions from forward funded schemes, section 106 developments and stock rationalisations to plot sales and general asset management work. We are experts on all aspects of construction dispute resolution and health and safety matters.

If you have any queries relating to this article, the background to the requirements and the registration process itself, please speak to David Firth or Wilton Thomas.