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

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Closes 21 Jul 2022

Introduction

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. 

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. 

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.  

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.  

This consultation seeks views on the proposed Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations which complete the definition of higher-risk building for the new building safety regime explained above. 

Related Links and Data Protection Notice

An accesible HTML version of this consultation can be found at this link: https://www.gov.uk/government/consultations/consultation-on-the-higher-risk-buildings-descriptions-and-supplementary-provisions-regulations 

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.                

  1. 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; or  

  • sexual orientation.  

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

  1. 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.  

  1. 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. 

  1. 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.  

  1. 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:  

  1. to see what data we have about you  

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

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

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

  1. 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.  

  1. Your personal data will not be sent overseas.  

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

  3. 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.  

 

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