Consultation outcome

Consultation on the Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations

Updated 20 December 2022

Applies to England

Scope of the consultation

Topic of this consultation:

This consultation is about the proposed Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations which complete the definition of higher-risk building for the new building safety regime. It seeks views on the following areas:

1. the overall definition of a building for the purposes of both the design and construction and occupation parts of the new more stringent building safety regime being brought forward by the Building Safety Act

2. which buildings are included and excluded in relation to the design and construction part of the new regime and the definitions of these buildings

3. which buildings are excluded in relation to the occupation part of the new regime and the definitions of these buildings

4. the method for measuring height and number of storeys

This consultation does not relate to buildings included in the leaseholder protection scheme or the building remediation funds.

Scope of this consultation:

Building safety.

Geographical scope:

These proposals relate to England only.

Impact assessment:

Yes. Included at the end of the consultation.

Basic information

Body/bodies responsible for the consultation:

Department for Levelling Up, Housing and Communities.

Duration:

This consultation will last for 6 weeks from 9 June 2022 to 21 July 2022.

Enquiries:

For any enquiries about the consultation please contact: HigherRiskBuildingConsultation@levellingup.gov.uk

How to respond:

You may respond by completing an online survey.

Alternatively, you can email your response to the questions in this consultation to: HigherRiskBuildingConsultation@levellingup.gov.uk

If you are responding via email, please make it clear which questions you are responding to.

1. Introduction

1.1 Following the Grenfell Tower tragedy, the government appointed Dame Judith Hackitt to lead an independent review of building regulations and fire safety. In her report, Building a safer future, Dame Judith Hackitt outlined a new approach to managing fire and structural safety risks in high-rise multi-occupied residential buildings. Overall, 53 recommendations were made for government and industry to drive the cultural change and behaviours necessary to improve building safety.

1.2 Government committed to implementing Dame Judith Hackitt’s recommendations and introduced the Building Safety Bill in Parliament. The Building Safety Act 2022 brought forward a package of legislative changes to make buildings safer, deliver improvements across the entire built environment and strengthen oversight and protections for residents in high-rise buildings. Its focus on risk helps owners to manage their buildings better, while giving the home-building industry the clear, proportionate framework it needs to deliver more, better, high-quality homes.

1.3 A key part of these reforms includes a new more stringent regulatory regime for certain buildings, known as higher-risk buildings. The new more stringent regulatory regime will place legal responsibilities on those who commission building work, participate in the design and construction process and those who are responsible for managing structural and fire safety in higher-risk buildings when they are occupied. These people will be called dutyholders during design and construction, and Accountable Persons when the building is occupied. When a building is being refurbished this may involve both dutyholders and Accountable Persons, as many buildings will remain occupied during refurbishment.

1.4 The legal duties of the new more stringent regime are being brought forward through part 3 and part 4 of the Building Safety Act 2022 and will be supported by a package of secondary legislation. The new requirements include a series of Gateway points during the design and construction of a higher-risk building, a requirement to register the building prior to occupation, the creation of a safety case and safety case report during occupation, duties to engage residents, the ongoing management of a digital golden thread of information throughout the building lifecycle and the creation of a mandatory occurrence reporting framework. The new Building Safety Regulator will enforce the new more stringent regulatory regime, overseeing compliance with the Act and new regulations once they come into force.

2. Introduction to the scope of the new more stringent regime and the proposed Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations

2.1 The new more stringent regulatory regime (as summarised in 1.3) will apply to a set of buildings defined as ‘higher-risk buildings’. Higher-risk buildings are defined by their height and use. These internationally used factors are an industry-accepted way of identifying buildings where the consequences from a spreading fire or a structural failure can be significant.

2.2 The Building Safety Act 2022 has set out which buildings will be considered ‘higher-risk’ buildings for the purposes of the new regime. There are two parts of the new regime. The first is the design and construction phase and the second is when the building is occupied. The buildings considered higher-risk buildings for the design and construction phase are set out at section 120D the Building Act 1984 (as amended by the Building Safety Act 2022). These buildings are defined as buildings which are at least 18 metres in height or have at least 7 storeys and are of a description specified in regulations. For the in-occupation part of the new regime, higher-risk buildings are defined in section 65 of the Building Safety Act 2022. These are buildings which are at least 18 metres in height, or have at least 7 storeys, and have at least two residential units.

2.3 The Building Safety Act 2022 provides for other aspects of the description of higher-risk buildings to be defined in regulations. Regulations can, for example, define how height is measured and what terms such as ‘building’ and ‘storey’ mean. Regulations can also exempt certain categories of building from the definition of higher-risk building.

2.4 We propose to make regulations which will set out technical definitions, exclude certain buildings from the new regime and, for the design and construction phase of the new regime, define the use criteria for a building to be included. We are also proposing that the regulations define how a building’s height is measured and how storeys are measured.

2.5 The Building Safety Act 2022 sets the height threshold for buildings included in the new regime as at least 18 metres in height or at least 7 storeys.  The Act means that buildings meeting this height threshold with at least two residential units will be within the scope of the new regime when they are occupied. We plan for those buildings to also be in scope of the new regime during design and construction, along with hospitals and care homes. The types of buildings included and excluded from the scope of the new regime has been previously consulted on through the Building a Safer Future Consultation, as well as debated during pre-legislative scrutiny. We have already gone further than Dame Judith Hackitt’s recommendation that the new regime should apply to new and existing high-rise residential buildings of 10 or more storeys.

2.6 We have chosen the two metrics of height and use to ensure the scope of the more stringent regime is based on objective and measurable risk factors. Height and use are metrics commonly used by dutyholders when following Building Regulations and carrying out remediation, so this should allow future dutyholders and Accountable Persons to easily determine whether or not they are in scope of the new regime. We want to ensure that proportionate rigour is applied to buildings where the risk of fire spread, or structural collapse is higher. As we have previously consulted on the height-threshold and this is now set in primary legislation we are not seeking further comments on this through this consultation. Our previous response to the Building a Safer Future Consultation can be found here. The scope of buildings included in the new more stringent regime set out both in the Building Safety Act and the proposed regulations applies to England only, as building safety is a devolved issue.

2.7 The Building Safety Act 2022 mandates that the Building Safety Regulator (BSR) oversees the safety and performance of all buildings. As part of this, if the BSR believes the required tests for adding a category of building to the definition of higher-risk building, as set out by section 120G of the Building Act 1984 and/or section 69 of the Building Safety Act 2022, are met then they must make a recommendation to the Secretary of State specifying this.

2.8 The proposed regulations being consulted on through this consultation relate only to buildings which are included in the scope of the new more stringent regime for building safety. These regulations will not amend which buildings are covered by the leaseholder protection scheme, as buildings covered by the leaseholder protections are already set in primary legislation within the Act. These regulations will also not amend which buildings are covered by any of the remediation schemes.

3. Consultation on the detailed proposals for the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations

3.1 Government previously published the draft secondary legislation, alongside the introduction of the Act to Parliament to ensure the public, industry and Parliamentarians had full sight of our proposals whilst the Act was being scrutinised. We are now seeking views on the technical detail of these proposed regulations.

3.2 The comprehensive detail of the provisions we intend to prescribe in the Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations, as well as the consultation questions on these provisions can be found in parts one to seven of this consultation. We are seeking views from stakeholders on the questions set out in these sections.

4. Part 1: definition of a building

4.1 We are proposing that the regulations will define what is meant by ‘building’ under both the design and construction and in-occupation parts of the new regime.

4.2 We propose that the regulations define ‘building’ as including any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building as defined in the Building Act 1984.

4.3 We have chosen this definition as it echoes the language found in The Building Act 1984 and is an established definition recognised in the sector and currently used for building work.

4.4 We are seeking views on the definition of building through questions 1 – 1A found in this section.

Question 1: We have proposed to align with the Building Act 1984 and define building as including any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building. Do you have any concerns about this definition?

Yes No

Question 1A: Please provide an explanation for your answer to question 1.

5. Part 2: including and excluding buildings from the design and construction part of the new regime

5.1 We are proposing that the regulations define which buildings are and are not considered higher-risk buildings under section 120D of the Building Act 1984. This means the regulations will legislate for which buildings are considered higher-risk during the design and construction phase of the building life-cycle and are therefore subject to the new building control regime, mandatory occurrence reporting, dutyholder and golden thread requirements of the new regime. The regulations will also exclude buildings from the design and construction phase. This is because without explicitly excluding types of buildings which are likely to have two residential units from the definition of higher-risk building through these regulations, where these buildings meet the height threshold they would otherwise be considered in scope. We are also proposing that the regulations set out definitions for how these types of buildings should be defined.

5.2 The buildings we are proposing to include and exclude from the new regime have been widely publicised throughout the legislative passage of the Act. We have been clear that the scope of the new regime must be proportionate to risk. We want to ensure that the new regime is focused on providing proportionate rigour where most necessary. We have previously consulted on the buildings included and excluded from the new regime through the Building a Safer Future Consultation. We have also received feedback on this during pre-legislative scrutiny.

5.3 We propose to define higher-risk buildings under section 120D of the Building Act 1984 as including:

5.3.1 buildings which contain at least two residential units (the Building Safety Act defines residential unit as a dwelling or any other unit of living accommodation, for example a flat or rooms in a university hall of residence where amenities are shared);

5.3.2 care homes; and

5.3.3 hospitals.

5.4 We are proposing to include buildings which contain at least two residential units, as the focus of the new more stringent regime is on high rise residential buildings. This also aligns with the scope of the in-occupation phase of the new regime as set out in section 65 of the Building Safety Act 2022.

Question 2: Would you like to provide any comments on this proposal?

5.5 We are proposing to include care homes and hospitals in response to concerns raised during pre-legislative scrutiny from stakeholders particularly around design and construction. Including hospitals and care homes of at least 18 metres in height, or at least 7 storeys, in the design and construction part of the new regime ensures high-rise buildings which may be occupied by those who are unable to evacuate quickly, or without assistance, are designed and constructed in accordance with the new regime.

Question 3: Would you like to provide any comments on this proposal?

5.6 We propose to exclude from the definition of higher-risk buildings under section 120D of the Building Act 1984:

5.6.1 secure residential institutions (e.g. prisons);

5.6.2 temporary leisure establishments (e.g. hotels); and

5.6.3 military premises (e.g. military barracks).

5.7 We propose to exclude secure residential institutions and temporary leisure establishments, as the new regime is focused on providing proportionate rigour where most necessary. We have already gone further than Dame Judith Hackitt’s recommendation that the new regulatory regime should apply to new and existing high-rise residential buildings of 10 or more storeys. The BSR will provide oversight of the building safety regulatory system and will analyse data from the operating regime. In the future, they may make recommendations to the Secretary of State to expand the scope of buildings included in the regime.

Question 4: Would you like to provide any comments on this proposal?

5.8 We propose to exclude military premises, as the Ministry of Defence (MOD) have their own building and fire safety arrangements and specific security considerations which need to be considered. We believe it is right that these are maintained. MOD will be applying the key elements of the new regime in their arrangements, and we expect to set up appropriate liaison arrangements between MOD and the BSR. 

Question 5: Would you like to provide any comments on this proposal?

6. Part 3: excluding buildings from the in-occupation part of the new regime

6.1 The Building Safety Act 2022 already defines higher-risk buildings under section 65 as including any building which contains at least two residential units and meets the height threshold of 18 meters or 7 storeys. We are proposing that the regulations exclude some buildings from the definition of higher-risk buildings under section 65 of the Building Safety Act. The regulations will therefore establish in law which buildings are excluded from the in-occupation phase of the new regime. Without explicitly excluding types of buildings which are likely to have two residential units from the definition of higher-risk building through these regulations, where these buildings meet the height threshold they would otherwise be considered in scope.

6.2 The current focus of the in-occupation regime, set out in part four of the Act, is on domestic buildings. We are therefore proposing to exclude, through these regulations, other types of buildings that are wholly subject to The Regulatory Reform (Fire Safety) Order 2005 (the Fire Safety Order) when they are in use.

6.3 As set out above the buildings which we are proposing to include and exclude from the new regime have been widely publicised throughout the passage of the Act. We have been clear that the scope of the new regime must be proportionate to risk. We want to ensure that the new regime is focused on providing proportionate rigour where most necessary. We have previously consulted on the buildings included and excluded from the new regime through the Building a Safer Future Consultation. We have also received feedback on this through pre-legislative scrutiny of the Building Safety Act.

6.4 We propose to set out in regulations which buildings are excluded from this definition, buildings which we propose to exclude are:

6.4.1 care homes;

6.4.2 hospitals;

6.4.3 secure residential institutions (e.g. prisons);

6.4.4 temporary leisure establishments (e.g. hotels); and

6.4.5 military premises (e.g. military barracks).

6.5 We are proposing excluding care homes and hospitals from the definition of higher-risk buildings under section 65 as these buildings are workplaces during their occupation phase, therefore all parts of these buildings will be subject to the Fire Safety Order (amongst other relevant legislation applicable to these buildings) which places duties on Responsible Persons in control of these buildings and their employees to ensure those in their care and others lawfully on the premises are safe.

Question 6: Would you like to provide any comments on this proposal?

6.6 We are proposing to exclude temporary leisure establishments and secure residential institutions from the in-occupation phase of new regime as these buildings are likely to be subject to requirements under the Fire Safety Order, which places duties on those responsible for the building to ensure it is safe from fire risks.

Question 7: Would you like to provide any comments on this proposal?

6.7 As set out above we propose to exclude military premises as MOD have their own building and fire safety arrangements, given the specific operational needs of their buildings, for example, security considerations. We believe it is right that these are maintained. MOD will be applying the key elements of the new regime in their arrangements, and we expect to set up appropriate liaison arrangements between MOD and the BSR. 

Question 8: Would you like to provide any comments on this proposal?

7. Part 4: defining buildings which are excluded and included in the new regime

7.1 We are proposing that the regulations set out definitions for buildings included and excluded from the new regime.

7.2 We propose to define hospital, which we are proposing to include in the design and construction part of the new regime, as meaning a building which— (a) is a hospital within the meaning of the National Health Service Act 2006(a); and (b) has at least one bed intended for use by a person admitted to the premises for an overnight stay.

7.3 The National Health Service Act 2006 sets out (at section 275) that “hospital” means (a) any institution for the reception and treatment of persons suffering from illness, (b) any maternity home, and (c) any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation, and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and “hospital accommodation” must be construed accordingly.

7.4 We are proposing to define hospital in this way as this definition aligns with the current Department of Health and Social Care and the National Health Service definitions.

Question 9: Would you like to provide any comments on this proposal?

7.5 We propose to define care home, which we are proposing to include in the design and construction parts of the new regime, as meaning a care home within the meaning of the Care Standards Act 2000(c).

7.6 The Care Standards Act 2000 sets out (at section 3) that an establishment is a care home if it provides accommodation, together with nursing or personal care, for any of the following persons. They are (a) persons who are or have been ill; (b) persons who have or have had a mental disorder; (c) persons who are disabled or infirm; (d) persons who are or have been dependent on alcohol or drugs. Hospitals and children’s homes are not considered care homes under this definition. Hospitals are defined separately and will be included in the design and construction part of the new regime where they meet the height threshold. Children’s homes are considered sheltered housing and are therefore in scope for all parts of the new regime where they meet the height threshold.

7.7 We are proposing to define care home in this way as this definition aligns with the current Department of Health and Social Care definition.

Question 10: Would you like to provide any comments on this proposal?

7.8 We propose to define secure residential institution, which we are proposing to exclude from all parts of the new regime as meaning an institution used for the provision of secure residential accommodation, including as a prison, young offenders’ institution, detention centre, secure training centre, custody centre, short term holding centre, secure hospital or secure local authority accommodation.

7.9 We developed this definition as it is broad enough to include multiple types of secure residential institutions which we intend to exclude.

Question 11: Would you like to provide any comments on this proposal?

7.10 We propose to define temporary leisure establishment, which we are proposing to exclude from all parts of the new regime as meaning a hotel or similar establishment which offers overnight accommodation for the purpose of leisure.

7.11 We developed this definition as it is broad enough to include hotels, hostels, boat hotels, permanently docked cruise ships and serviced apartments for short term use (e.g. by business guests or holidaymakers).

Question 12: Would you like to provide any comments on this proposal?

7.12 We propose to define military premises, which we are proposing to exclude from all parts of the new regime, as meaning military barracks or living accommodation for (either alone or in combination) — the Ministry of Defence; Her Majesty’s forces; any visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964. “Her Majesty’s forces” has the same meaning given by section 374 of the Armed Forces Act 2006.

7.13 We are proposing this definition as it aligns with current MOD definitions. The definition covers buildings which are used as military barracks, as well as buildings which are used for the purpose of housing military personnel and/or their families.

Question 13: Would you like to provide any comments on this proposal?

8. Part 5: measuring height

8.1 We are proposing that the regulations also define how buildings should be measured to understand whether or not they meet the 18 metre height threshold required to be subject to the new more stringent regime requirements. We propose to set out that the height of a building is to be measured from ground level to the top floor surface of the top storey of the building (ignoring any storey which is a roof-top machinery or plant area or consists exclusively of machinery or plant rooms).

8.2 We have chosen this method as it is in accordance with Diagram D6 of Approved Document B under the Building Regulations 2010. Buildings should be measured from the ground level of the lowest side of the building to the upper surface floor of the top storey (excluding any top storeys consisting exclusively of plant rooms). Figure 1 below shows this methodology.

Figure 1

Question 14: Do you agree our proposed method for determining the height of a building is the right one?

Yes  No  Partly

Question 14A: If no or partly what changes do you suggest or what alternative method would you suggest?

Question 14B: Do you think there are any potential issues with our suggested method for determining height?

Yes   No   Partly

Question 14C: If yes or partly please provide an explanation for your answer.

9. Part 6: measuring storeys

9.1 We are also proposing that the regulations provide a way of determining the number of storeys a building has, to determine whether or not they meet the 7-storey height-threshold required in order to be subject to the new more stringent regime requirements. We propose to set out that any storey which is below ground level is to be ignored; storeys which are purely plant machinery are to be ignored; and any gallery floor is to be treated as a storey if its internal floor area is at least 50% of the internal floor area of the largest storey in the building which is not below ground level, a storey is treated as below ground level if any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building. We also plan to set out that storeys should be counted from the side of the building which gives you the highest number of storeys.

9.2 We have chosen to introduce a two-pronged test for height to prevent gaming the system. During the Building a Safer Future consultation, some stakeholders raised concerns that developers might seek to drop the building height but keep the same number of storeys, in order to avoid the new more stringent regime.

9.3 The regulations currently follow the approach taken in Approved Document B, diagram D5. We also plan to set out that storeys should be counted from the side of the building which gives you the highest number of storeys. Figure 2 below shows an example of this method.

Figure 2

Question 15: Do you agree with following the approach we have set out for determining storeys?

Yes   No   Partly

Question 15A: If no or partly please provide an explanation for your answer.

Question 15B: What alternative approach to determine the number of storeys in a building would you suggest?

Question 15C: Please explain why you have suggested we make these changes?

Question 16: Do agree with the proposed definition of gallery?

Yes   No   Partly

Question 16A: If no or partly, what changes would you suggest or what alternative definition would you suggest?

Question 16B: Please explain why you have suggested we make these changes.

10. Part 7: equalities impact of our proposals

10.1 We are also seeking views on the potential impacts our proposals may have on groups of people with protected characteristics. Protected characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Question 17: What do you consider to be the equalities impact on individuals with protected characteristics of any of the proposed details to be included in the regulations? Please give reasons and any evidence that you consider relevant.

11. Summary

11.1 Thank you to all participants for taking the time to respond to our consultation. We will be considering these comments before the Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations are laid before Parliament for consideration by both Houses.

Economic annex

1. Introduction

1.1 This consultation relates to the proposed Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations.

1.2 As set out in the consultation, the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations relate to buildings called ‘higher-risk buildings’. These are buildings which will be subject to the requirements of the new more stringent regulatory regime, brought forward by part 3 and part 4 of the Building Safety Act 2022. The new regime will place legal responsibilities on those who commission building work, participate in the design and construction process and those who are responsible for managing structural and fire safety in higher-risk buildings when they are occupied.

1.3 If implemented as proposed in the consultation these regulations will:

• Complete the definition of higher-risk building, by excluding certain types of buildings from all phases of the new regime and, for the design and construction phase of the regime define the use criteria for a building to be included within the new regime;
• set out technical definitions, including an overall definition of building; and
• set the method for measuring height and number of storeys.

1.4 This economic annex sets out the estimated number of buildings impacted by these proposals. The estimated numbers in this economic annex relate to buildings in England only. The assessment is based on current assumptions, accurate at the time of publication. However, it is possible these impacts may change with time, particularly as further regulations related to the new more stringent regime are developed further.

2. Economic assessment

Number of buildings included in the new more stringent regulatory regime

2.1 The Building Safety Act 2022, together with the proposed Higher-Risk Building (Descriptions and Supplementary Provisions) Regulations (subject to these regulations being implemented as suggested in the consultation) will mean that the design and construction phase of the new regime applies to buildings which are at least 18 metres in height or have at least 7 storeys and have at least two residential units, as well as care homes and hospitals meeting the same height threshold. The in-occupation phase will apply to buildings which are at least 18 metres in height, or have at least 7 storeys, and have at least two residential units. Further details on how we are proposing to set this in regulations can be found in the consultation on the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations.

2.2 We estimate that there are currently approximately 13,000^{[footnote 1]} existing buildings which are at least 18 metres in height, or have at least 7 storeys, and have at least two residential units and will therefore be subject to the in-occupation requirements of the new regime.

2.3 Of these buildings approximately 6,500 (52%) are private sector buildings (private residential buildings and student accommodation) and 6,000 (48%) are social sector buildings. Over 95% of buildings, approximately 12,000, were identified as flat dwellings, with the remaining proportioned across houses in multiple occupation, residential education and sheltered accommodation.^{[footnote 2]}

2.4 We have identified that approximately 1,500 (12%) buildings are at least seven storeys and under 18 metres, 7,000 (56%) buildings are between 18 metres to 29 metres and that the remaining 4,000 (32%) buildings are greater than and equal to 30 metres.^{[footnote 3]}

2.5 The majority of these high-rise residential buildings have been identified in London (7,500, or 61%) and the South East (10%). The remaining buildings are distributed across the rest of England, with the highest proportions in the North West (7%) and West Midlands (6%).^{[footnote 4]}

2.6 We estimate that on average 490^{[footnote 5]} new buildings which are at least 18 metres in height, or have at least 7 storeys, and have at least two residential units will be built per year. We are proposing that these buildings will be subject to the design and construction requirements while being built, and that they will be regulated under the in-occupation requirements once complete.

2.7 We expect the number of hospitals and care homes which will be impacted by our proposals to be low.

Those impacted by buildings included in the new more regulatory regime

2.8 Those impacted by the buildings which are included in scope of the new regime will include:

• Local regulators and enforcement bodies, including building control teams and fire and rescue authorities that will facilitate and assist with the work of the Building Safety Regulator in applying the more stringent regime to higher-risk buildings
• Developers, designers, contractors and others involved in the commissioning, design and construction of higher-risk buildings will be required to comply with the requirements.
• Building owners, management companies and individuals involved in the management of higher-risk buildings will be required to comply with the requirements of the new regulatory regime.
• Leaseholders in higher-risk buildings with leases longer than seven years, regardless of whether they are an owner-occupier or renting to a tenant will be liable to pay building-safety costs through the service charge.

The list of the building-safety costs that can automatically be passed through the service charge is narrowly defined in the Act as ‘building safety measures’.

2.9 Details on the current estimated costs for these impacted groups meeting the requirements of the new regime can be found in the Building Safety Bill impact assessment (PDF, 1.36MB) ^{[footnote 6]}.

Costs for higher-risk buildings meeting the requirements of the new regime

2.10 Higher-risk buildings will need to meet the requirements of the new more stringent regime. For buildings included in the design and construction part of the new regime this will mean having named dutyholders, a new building control application process, managing, maintaining and handing over a digital golden thread of information and the creation of a mandatory occurrence reporting framework. For buildings subject to the in-occupation requirements this will mean meeting the requirement to register the building prior to occupation, having named Accountable Persons (including a Principle Accountable Person), the creation of a safety case and safety case report, duties concerning residents, the ongoing management of a digital golden thread of information and the creation of a mandatory occurrence reporting framework.

2.11 Details on the costs of meeting these requirements for higher-risk buildings can be found in the Building Safety Bill impact assessment (PDF, 1.36MB) ^{[footnote 7]} . Further information will be published as part of future consultations on the regulations which will legislate for the detail of many requirements of the new regime.

About this consultation

This consultation document and consultation process have been planned to adhere to the Consultation Principles issued by the Cabinet Office.

Representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions when they respond.

Information provided in response to this consultation may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Environmental Information Regulations 2004 and UK data protection legislation. In certain circumstances this may therefore include personal data when required by law.

If you want the information that you provide to be treated as confidential, please be aware that, as a public authority, the Department is bound by the information access regimes and may therefore be obliged to disclose all or some of the information you provide. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the department.

The Department for Levelling Up, Housing and Communities will at all times process your personal data in accordance with UK data protection legislation and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. A full privacy notice is included below.

Individual responses will not be acknowledged unless specifically requested.

Your opinions are valuable to us. Thank you for taking the time to read this document and respond.

Are you satisfied that this consultation has followed the consultation principles? If not or you have any other observations about how we can improve the process please contact us via the complaints procedure.

Personal data

The following is to explain your rights and give you the information you are entitled to under UK data protection legislation.

Note that this section only refers to personal data (your name, contact details and any other information that relates to you or another identified or identifiable individual personally) not the content otherwise of your response to the consultation.

1. The identity of the data controller and contact details of our Data Protection Officer

The Department for Levelling Up, Housing and Communities (DLUHC) is the data controller. The Data Protection Officer can be contacted at dataprotection@levellingup.gov.uk or by writing to the following address:

Data Protection Officer
Department for Levelling Up, Housing and Communities
Fry Building
2 Marsham Street
London
SW1P 4DF

2. Why we are collecting your personal data

Your personal data is being collected as an essential part of the consultation process, so that we can contact you regarding your response and for statistical purposes. We may also use it to contact you about related matters.

We will collect your IP address if you complete a consultation online. We may use this to ensure that each person only completes a survey once. We will not use this data for any other purpose.

Sensitive types of personal data

Please do not share special category personal data or criminal offence data  if we have not asked for this unless absolutely necessary for the purposes of your consultation response.

By ‘special category personal data’, we mean information about a living individual’s:

• race
• ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• genetics
• biometrics
• health (including disability-related information)
• sex life
• sexual orientation

By ‘criminal offence data’, we mean information relating to a living individual’s criminal convictions or offences or related security measures.

3. Our legal basis for processing your personal data

The department has a statutory duty to consult on these regulations.

The collection of your personal data is lawful under article 6(1)(e) of the UK General Data Protection Regulation as it is necessary for the performance by DLUHC of a task in the public interest/in the exercise of official authority vested in the data controller. Section 8(d) of the Data Protection Act 2018 states that this will include processing of personal data that is necessary for the exercise of a function of the Crown, a Minister of the Crown or a government department i.e. in this case a consultation.

Where necessary for the purposes of this consultation, our lawful basis for the processing of any special category personal data or ‘criminal offence’ data (terms explained under ‘Sensitive Types of Data’) which you submit in response to this consultation is as follows.

The relevant lawful basis for the processing of special category personal data is Article 9(2)(g) UK GDPR (‘substantial public interest’), and Schedule 1 paragraph 6 of the Data Protection Act 2018 (‘statutory etc and government purposes’). The relevant lawful basis in relation to personal data relating to criminal convictions and offences data is likewise provided by Schedule 1 paragraph 6 of the Data Protection Act 2018.

4. With whom we will be sharing your personal data

We will not share your personal data with organisations outside of DLUHC without contacting you for your permission first.

5. For how long we will keep your personal data, or criteria used to determine the retention period

Your personal data will be held for two years from the closure of the consultation, unless we identify that its continued retention is unnecessary before that point.

6. Your rights, e.g. access, rectification, restriction, objection

The data we are collecting is your personal data, and you have considerable say over what happens to it. You have the right:

a. to see what data we have about you

b. to ask us to stop using your data, but keep it on record

c. to ask to have your data corrected if it is incorrect or incomplete

d. to object to our use of your personal data in certain circumstances

e. to lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law.  You can contact the ICO at https://ico.org.uk/, or telephone 0303 123 1113.

Please contact us at the following address if you wish to exercise the rights listed above, except the right to lodge a complaint with the ICO: dataprotection@levellingup.gov.uk or

Knowledge and Information Access Team
Department for Levelling Up, Housing and Communities
Fry Building
2 Marsham Street
London
SW1P 4DF

7. Your personal data will not be sent overseas

8. Your personal data will not be used for any automated decision making

9. Your personal data will be stored in a secure government IT system

We use a third-party system, Citizen Space, to collect consultation responses. In the first instance your personal data will be stored on their secure UK-based server. Your personal data will be transferred to our secure government IT system as soon as possible, and it will be stored there for two years before it is deleted.

1. We estimate that, as of April 2020, there were approximately 12,500 buildings in scope. This figure was then adjusted to account for expected growth in building numbers up to the Building Safety Bill receiving Royal Assent and becoming an Act. ↩

2. Figures correct as of April 2020. ↩

3. Figures correct as of April 2020. ↩

4. Figures correct as of April 2020. ↩

5. This is an average over the 15-year appraisal period. ↩

6. This impact assessment is based on the policy contained in the Building Safety Act when it was first introduced into parliament and does not reflect changes made during the Act’s passage. ↩

7. This impact assessment is based on the policy contained in the Building Safety Act when it was first introduced into parliament and does not reflect changes made during the Act’s passage. ↩