The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023
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Change 1
10 Residents’ engagement strategy
(1) For the purposes of section 91(1)(b) of the 2022 Act, the PAP must review the residents’ engagement strategy— (a) at least every two years, and in any event within a reasonable period following the conclusion of a consultation under section 91(1)(c) of the 2022 Act; (b) within a reasonable period after a mandatory occurrence report in relation to the building is submitted to the regulator under section 87 of the 2022 Act; (c) within a reasonable period after the completion of significant material alterations to the building unless the impact of the significant material alterations has been considered as part of a review that has been carried out pursuant to sub-paragraph (a) or (b) within the previous two years. (2) For the purposes of paragraph (1)(c), “significant material alterations” include— (a) work which increases or decreases the external height or width of the building; (b) work which changes the number of storeys the building has (including adding or removing a mezzanine or gallery floor); (c) work which changes the number of residential units contained in the building; (d) work which changes the number of, or width of, the staircases in the building or which changes the number of, or width of, any other escape routes within the building; (e) work to the external wall of the building excluding work which consists only of materials of a description specified in regulation 7(3) of the Building Regulations 2010 becoming part of the wall; (f) work which changes the internal layout of the building. (3) The circumstances prescribed for the purposes of section 91(1)(c) of the 2022 Act are that— (a) a residents’ engagement strategy has first been prepared pursuant to section 91(1)(a) of the 2022 Act; or (b) there has been a revision to the residents’ engagement strategy, except where that revision was made in consequence of responses to a consultation under section 91(1)(c) of the 2022 Act. (4) For the purposes of paragraph (3)(a), where a building becomes occupied in stages, the requirement under section 91(1)(c) of the 2022 Act to consult in prescribed circumstances is met if the PAP carries out consultation in stages corresponding to the occupation of the building, or if the PAP considers it appropriate, at a point where a majority of relevant persons are able to participate. (5) The persons prescribed for the purposes of section 91(1)(c) of the 2022 Act are any APs for the building other than the PAP. (6) The persons prescribed for the purposes of section 91(4)(c) of the 2022 Act are any APs for the building other than the PAP. (7) A residents’ engagement strategy must contain the following— (a) a requirement that the PAP must inform residents when works resulting from a building safety decision will be carried out, and the purpose of the works; (b) unless works are required to commence on an emergency basis and it would be impracticable to consult relevant persons, where works taking place for a period of more than one day arising from a building safety decision will limit access to any part of a building, or otherwise cause a nuisance to residents, a requirement that the PAP must consult relevant persons about— (i) the days and times when works are to take place, and (ii) how to mitigate disruption to relevant persons from the works; (c) a requirement that the PAP must give due consideration to the responses to any consultation; (d) provision for the keeping of records of reviews carried out by the PAP; (e) provision for setting out in writing to residents how consultations are to be carried out on the residents’ engagement strategy and on building safety decisions. (8) Consultations under section 91 of the 2022 Act must— (a) include appropriate and reasonable methodologies which may include digital, postal or in-person events; (b) involve the taking of reasonable steps to ensure that any relevant person likely to be affected by the matter to which the consultation relates is aware of the consultation; (c) be for a reasonable period, and in the case of a consultation on the residents’ engagement strategy, for a period of no less than 3 weeks.
10 Residents’ engagement strategy
(1) For the purposes of section 91(1)(b) of the 2022 Act, the PAP must review the residents’ engagement strategy— (a) at least every two years, and in any event within a reasonable period following the conclusion of a consultation under section 91(1)(c) of the 2022 Act; (b) within a reasonable period after a mandatory occurrence report in relation to the building is submitted to the regulator under section 87 of the 2022 Act; (c) within a reasonable period after the completion of significant material alterations to the building unless the impact of the significant material alterations has been considered as part of a review that has been carried out pursuant to sub-paragraph (a) or (b) within the previous two years. (2) For the purposes of paragraph (1)(c), “significant material alterations” include— (a) work which increases or decreases the external height or width of the building; (b) work which changes the number of storeys the building has (including adding or removing a mezzanine or gallery floor); (c) work which changes the number of residential units contained in the building; (d) work which changes the number of, or width of, the staircases in the building or which changes the number of, or width of, any other escape routes within the building; (e) work to the external wall of the building excluding work which consists only of materials of a description specified in regulation 7(3) of the Building Regulations 2010 becoming part of the wall; (f) work which changes the internal layout of the building. (3) The circumstances prescribed for the purposes of section 91(1)(c) of the 2022 Act are that— (a) a residents’ engagement strategy has first been prepared pursuant to section 91(1)(a) of the 2022 Act; or (b) there has been a revision to the residents’ engagement strategy, except where that revision was made in consequence of responses to a consultation under section 91(1)(c) of the 2022 Act. (4) For the purposes of paragraph (3)(a), where a building becomes occupied in stages, the requirement under section 91(1)(c) of the 2022 Act to consult in prescribed circumstances is met if the PAP carries out consultation in stages corresponding to the occupation of the building, or if the PAP considers it appropriate, at a point where a majority of relevant persons are able to participate. (5) The persons prescribed for the purposes of section 91(1)(c) of the 2022 Act are any APs for the building other than the PAP. (6) The persons prescribed for the purposes of section 91(4)(c) of the 2022 Act are any APs for the building other than the PAP. (7) A residents’ engagement strategy must contain the following— (a) a requirement that the PAP must inform residents when works resulting from a building safety decision will be carried out, and the purpose of the works; (b) unless works are required to commence on an emergency basis and it would be impracticable to consult relevant persons, where works taking place for a period of more than one day arising from a building safety decision will limit access to any part of a building, or otherwise cause a nuisance to residents, a requirement that the PAP must consult relevant persons about— (i) the days and times when works are to take place, and (ii) how to mitigate disruption to relevant persons from the works; (c) a requirement that the PAP must give due consideration to the responses to any consultation; (d) provision for the keeping of records of reviews carried out by the PAP; (e) provision for setting out in writing to residents how consultations are to be carried out on the residents’ engagement strategy and on building safety decisions. (8) Consultations under section 91 of the 2022 Act must— (a) include appropriate and reasonable methodologies which may include digital, postal or in-person events; (b) involve the taking of reasonable steps to ensure that any relevant person likely to be affected by the matter to which the consultation relates is aware of the consultation; (c) be for a reasonable period, and in the case of a consultation on the residents’ engagement strategy, for a period of no less than 3 weeks.
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