The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023

Jurisdiction: England

Commencement: 6th April 2023

Amends: Building Safety Act 2022 (c. 30)

Mini Summary

The Building Safety Act 2022 (c. 30) predominantly applies to England and Wales. It introduces changes to building regulation in England for higher-risk buildings (i.e. buildings of at least 18m in height or with at least 7 storeys, which have 2 or more residential units). In Scotland and Northern Ireland its application is largely limited to liability for damages in relation to construction and cladding products. The Act also establishes the building safety regulator as part of the Health and Safety Executive (HSE).


Various duties apply.



The principal accountable person (PAP) must register their higher-risk building with the Building Safety Regulator (BSR) before it is occupied by residents. Failure to do so, without reasonable excuse, is a criminal offence. These requirements apply to England only and come into force on 6th April 2023. To allow for a period of voluntary registration, the offence will not come into force until 1st October 2023.

The BSR is given the authority to decide the way in which the relevant application, request or notice must be given to it.

Part 2 makes provisions about the register of high-risk buildings. It includes information about the content of the register and set out the requirements on the PAP and the BSR in relation to keeping that register up to date. The procedure for removing a building from the register is also included.

Part 3 is focused on the application process. It sets out the registration information requirements, such as details about contact information for each accountable person for that building, a description of the building, and information in relation to building control approvals for that building. It also specifies when an application can be withdrawn and the procedure for requesting a withdrawal.

A fee of £251 must be paid at the time an application to register is made. The BSR will not register a higher-risk building unless the fee for the application has been paid.

Part 4 mainly sets out regulator decisions that may be the subject of a review, who can give notice to the regulator requiring the review, and the information that must be contained in the notice. It also sets out the period of time in which the notice must be sent and by when the regulator must notify the outcome of the review.

Link to full government text


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