Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what assessment her Department has made of the potential impact of the differences between the definition of connected buildings which are regulated as (a) one higher-risk building during design and construction phases under the Regulatory Reform (Fire Safety) Order 2005 and (b) two or more separate buildings during the occupation phase under the Building Safety Act 2022 on costs for leaseholders.

The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 define higher-risk 'buildings' differently in the design and construction phase and once a building is occupied, with each phase being distinctly different and having its own requirements. When a new higher-risk building is being constructed, the entire overall structure is considered a single building. Once constructed, if a section of the overall structure is sufficiently independent from connected parts of the building, the relevant requirements will apply only to that part. This provides for a more flexible and proportionate approach and means that where a high-rise residential block is connected to a non-residential or low-rise block, the relevant duties need only be met for the high-rise block.

During the design and construction phase of the higher-risk regime, the building is neither occupied nor subject to the requirements under Part 4 of the Building Safety Act 2022, meaning there are no costs to leaseholders during this phase.

In occupied higher-risk buildings, accountable persons may pass on costs they incur in meeting their ongoing obligations under the Building Safety Act in managing, assessing and identifying building safety risks to leaseholders via the service charge. The Government considers the building safety requirements vital for properly managing fire and structural risks in higher-risk buildings, helping to prevent tragedies like the Grenfell Tower fire from happening again.