The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023
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Change 1
3 Building assessment certificates
(1) The information about the mandatory occurrence reporting system prescribed for the purposes of section 80(1)(b) of the 2022 Act is information, whether contained in the safety case report or not, which demonstrates compliance with section 87(5) of the 2022 Act. (2) The information demonstrating compliance with duties under section 89 of the 2022 Act prescribed for the purposes of section 80(1)(c) of the 2022 Act is a statement by the PAP confirming that each AP has complied with the obligations contained in regulations made under section 89 of the 2022 Act, including the obligation to notify the regulator of any change to information provided within 28 days of the PAP becoming aware of the change, in accordance with regulation 21 of the Higher-Risk Buildings (Key Building Information etc) (England) Regulations 2023. (3) The regulator may make a direction as to the way in which an application under section 79(1) of the 2022 Act is to be made, which may include a requirement to make the application via a website address provided for that purpose by the regulator. (4) The regulator must publish a direction under paragraph (3) on its website and make it available for inspection at its principal offices during normal office hours. (5) An application under section 79(1) of the 2022 Act must include the following— (a) the address, postcode and, if applicable, name of the building; (b) the name of the PAP; (c) the registration number given to the building on the register; (d) a description of any changes to the information relating to the building contained on the register, including the date those changes occurred; (e) details of any compliance notice given under section 99 of the 2022 Act and in force in relation to the building. (6) A building assessment certificate must contain the following— (a) the address, postcode and, if applicable, name of the building; (b) the name of the PAP; (c) the names of any other AP; (d) the date of issue of the certificate; (e) the registration number given to the building on the register; (f) the signature of a person authorised by the regulator to sign the certificate; (g) a statement that, at the time of issue of the certificate, the regulator was satisfied that all relevant duties were being complied with. (7) A notice under section 81(3)(b) and (4) of the 2022 Act— (a) must be copied to any person who is an AP for any part of the building to which the notice relates; (b) must contain the following— (i) the date the decision to which the notice relates was made, (ii) a brief description of the contravention of the duty that gave rise to the decision under section 81(3)(b) of the 2022 Act to refuse to issue a certificate, (iii) if the notice is given under section 81(4) of the 2022 Act, the period within which the PAP may remedy the contravention, (iv) information about the right to request a review of the decision. (8) The information prescribed for the purposes of section 82(1)(a) of the 2022 Act is the address, telephone number and email address of the PAP and any other AP for the building. (9) The form of a notice prescribed for the purposes of section 82(1)(a) of the 2022 Act is that the notice is in writing and legible when displayed.
3 Building assessment certificates
(1) The information about the mandatory occurrence reporting system prescribed for the purposes of section 80(1)(b) of the 2022 Act is information, whether contained in the safety case report or not, which demonstrates compliance with section 87(5) of the 2022 Act. (2) The information demonstrating compliance with duties under section 89 of the 2022 Act prescribed for the purposes of section 80(1)(c) of the 2022 Act is a statement by the PAP confirming that each AP has complied with the obligations contained in regulations made under section 89 of the 2022 Act, including the obligation to notify the regulator of any change to information provided within 28 days of the PAP becoming aware of the change, in accordance with regulation 21 of the Higher-Risk Buildings (Key Building Information etc) (England) Regulations 2023. (3) The regulator may make a direction as to the way in which an application under section 79(1) of the 2022 Act is to be made, which may include a requirement to make the application via a website address provided for that purpose by the regulator. (4) The regulator must publish a direction under paragraph (3) on its website and make it available for inspection at its principal offices during normal office hours. (5) An application under section 79(1) of the 2022 Act must include the following— (a) the address, postcode and, if applicable, name of the building; (b) the name of the PAP; (c) the registration number given to the building on the register; (d) a description of any changes to the information relating to the building contained on the register, including the date those changes occurred; (e) details of any compliance notice given under section 99 of the 2022 Act and in force in relation to the building. (6) A building assessment certificate must contain the following— (a) the address, postcode and, if applicable, name of the building; (b) the name of the PAP; (c) the names of any other AP; (d) the date of issue of the certificate; (e) the registration number given to the building on the register; (f) the signature of a person authorised by the regulator to sign the certificate; (g) a statement that, at the time of issue of the certificate, the regulator was satisfied that all relevant duties were being complied with. (7) A notice under section 81(3)(b) and (4) of the 2022 Act— (a) must be copied to any person who is an AP for any part of the building to which the notice relates; (b) must contain the following— (i) the date the decision to which the notice relates was made, (ii) a brief description of the contravention of the duty that gave rise to the decision under section 81(3)(b) of the 2022 Act to refuse to issue a certificate, (iii) if the notice is given under section 81(4) of the 2022 Act, the period within which the PAP may remedy the contravention, (iv) information about the right to request a review of the decision. (8) The information prescribed for the purposes of section 82(1)(a) of the 2022 Act is the address, telephone number and email address of the PAP and any other AP for the building. (9) The form of a notice prescribed for the purposes of section 82(1)(a) of the 2022 Act is that the notice is in writing and legible when displayed.
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