Building Safety Act 2022: Key Building Information Regulations

The Higher Risk Buildings (Key Building Information etc) (England) Regulations 2023 (“the KBI Regulations”) will come into force on 6 April 2023 in England. The Regulations are made under the Building Safety Act 2022 (“BSA 2022”) and set out what constitutes ”key building information” in respect of higher risk buildings which must be provided to the Building Safety Regulator, as well as the duties and timescales for providing such information.

It is a criminal offence not to provide the relevant information.

As a reminder: a higher risk building under the BSA 2022 is a building of 18m or more (or 7 or more storeys) in height which contains at least 2 residential dwellings (“HRB”). This definition only applies in England for now.

The KBI Regulations

Under Section 89 of the BSA 2022, the Principal Accountable Person (see our guide here for further details on how to find out who this is in relation to a given HRB) is required to give prescribed key building information (“KBI”) to the Building Safety Regulator (and others).

KBI is technical data that must be obtained post construction and includes the following information, which must be provided in electronic form:

• the principal use of the HRB as well as any subordinate use of the same (use is to be defined by reference to specific categories in the KBI Regulations). Note too that this obligation extends to outbuildings and ancillary buildings.
• whether there has been any change of principal use of the HRB since its construction
• the details of the materials used in the composition of the external walls, any insulation of the external walls and the roof, together with details of any fixtures on external walls
• the material and structural design used in the structure of the HRB
• the number of storeys below ground in the HRB and the number of staircases
• the types of energy supply and storage systems at the HRB
• the evacuation strategy and details of fire and smoke control

Where there is more than one Accountable Person for the HRB, the KBI Regulations also provide guidance on which parts of the building each will be responsible for and imposes obligations on them to provide information to the Principal Accountable Person.

Fast facts on the KBI Regulations

• It is different to the golden thread, which is gathered and maintained by those responsible for the building’s safety management on an ongoing basis.
• The KBI must be submitted within 28 days from when the Principal Accountable Person submitted an application for the registration of a higher risk building with the Regulator (see here for our note on the requirement to register HRBs).
• Information must be updated within 28 days of the Principal Accountable Person becoming aware of any change.
• Failure brings potential criminal liability.

Written by Heather Tomlinson, Principal Associate PSL for Real Estate and Gemma Irving, Principal Associate PSL for Construction