New provisions for higher-risk residential buildings now in force

6 April 2023

Section 24 – Providing false or misleading information to regulator

A person commits an offence if they provide false or misleading information to the BSR relating to: 

• compliance with a building regulation; or
• an application made and for the purpose of avoiding enforcement action, 

if that person knows or is reckless as to whether the information provided is false or misleading. 

Those whose responsibility it will be to collate and submit the application to register their HRRBs, safety case reports and maintaining the “golden thread of information”, will need to ensure full compliance with this provision, as a person guilty of this offence may be liable for up to two years imprisonment. 

6 April 2023

Section 39 – Breach of building regulations

A person who fails to comply with a provision of building regulations, or a requirement imposed by that provision, commits an offence. 

As mentioned above, it is believed that this will be a strict liability offence, meaning those who commit this offence may be liable for criminal prosecution. 

6 April 2023

Section 73 - Meaning “principal accountable person”

The “principle accountable person” (PAP) or the “accountable person” (AP) for a HRRB will be the person who owns or has responsibility for the building. They will be responsible for the structure and exterior of the building or are under a repairing obligation in relation to the structure and exterior of the building. 

The PAP/AP could be the building owner, i.e. the landlord, or could also be a person who may not own the building but instead has a “relevant repairing obligation”, meaning they could be the building management company, the developer or the contractor. 

More information on the PAP/AP can be found here.  

6 April 2023

Section 89 -  Provision of information etc to the regulator, residents and other persons

The Secretary of State may require the AP for a HRRB to give specific information to the BSR, another AP for the building, residents, owners or any other prescribed person. In particular the BSR may specify when the information must be given, the way in which it must be given, the form in which the information must be given and the standards in which it must be given. 

PAPs and APs will want to ensure that the information they hold on the buildings they are responsible for is up-to-date and compliant at all times. This “golden thread” of information is a key element of the BSA. More information on the “golden thread” can be found here.