Introduction:
Submitting mandatory occurrence notices and reports is a crucial aspect of the new Building Safety regime for higher-risk residential properties. The government has provided a series of guidance notes on the process through its official website, which provides a standardised approach to reporting incidents that could potentially impact safety of residents and others. This article provides an overview of the key elements outlined in the government's guidance.
Understanding Mandatory Occurrence Reporting:
Mandatory Occurrence Reporting (MOR) is a systematic process that requires Accountable and Principal Accountable Persons (AP’s/PAP’s) for an in-occupied building or the Principal Contractor or Principal Designer for construction / refurbishment works to promptly report fire and structural related incidents to the Regulator.
When it comes to in-occupied buildings, APs and PAPs are now required to establish and operate a Mandatory Occurrence Reporting System for residents and others to report safety occurrences to them.
AP’/PAP’s must submit a Mandatory Occurrence Notice and Report when a safety occurrence has caused, or is likely to cause:
- the death of a significant number of people
- serious injury of a significant number of people
This means that a report has to be made, even if no one was injured or killed, a safety occurrence is an incident involving, or a risk that could cause:
- structural failure of the building
- the spread of fire or smoke in the building
A safety occurrence is something therefore which if not remedied, could cause serious harm to people when the building is in use.
AP’s and PAP’s must submit a notice and report even if the safety occurrence is remedied immediately. The only exception is when, during construction or refurbishment, a Principal Contractor remedies issues to ongoing building work, which are unlikely to risk significant numbers of deaths or serious injuries.
If an AP or PAP reports an incident to the fire service, they must also submit a Mandatory Occurrence Notice and Report to the Regulator if it meets the above criteria.
Consequences of not reporting a Mandatory Occurrence or Safety Occurrence
AP’s/PAPs will be committing an offence if they do not give notice or make a report and could face enforcement action, including prosecution.
Who Should Report:
The guidance states that whilst it is the responsibility of the AP and PAP to make such notices or reports for in-occupied buildings, it does allow other parties to act on behalf of the AP and PAP to submit such notices or reports.
For construction or refurbishment works it is the responsibility of the Principal Contractor or Principal Designer where construction work has started on the building
Timeline and What and How To Report:
The requirements are that the AP and or PAP for an in-occupied building or the Principal Contractor or Principal Designer for construction / refurbishment works must make an initial Mandatory Occurrence Notice to the Regulator as soon as they can when or after a safety occurrence has been identified, and before they submit a formal report.
They must submit a Mandatory Occurrence Report after submitting the notice and within 10 calendar days of identifying the safety occurrence.
Providing the Regulator with the initial Mandatory Occurrence Notice can be undertaken by calling or via online portal:
0300 790 6787 (Monday to Friday, 8:30am to 5pm (except Wednesdays when the Regulator is open from 10am to 5pm, and public holidays when the Regulator is closed).
https://www.gov.uk/guidance/submit-a-mandatory-occurrence-notice-and-report
When providing the Notice, the following information will need to be provided:
- the high-rise residential building registration reference or the building control application reference
- contact details
- the date and time the safety occurrence was identified
- a brief description of the safety occurrence
- any immediate actions taken since to keep people safe
Once submitted, the Regulator we will give the AP/PAP a reference number that must be used to submit a formal Mandatory Occurrence Report.
The Mandatory Occurrence Report must include the following:
- the mandatory occurrence notice reference
- details of who submitted the notice – including contact details
- the type of safety occurrence being reported
- details of what happened or has the potential of happening
- what caused the safety occurrence and how it was discovered
- who is involved and the effect or potential effect on them
- what has been done and / or is planned to done to keep people safe
- any supporting information, such as documents, videos, or photos
- anything those making the report feel need to be shared to others so that they can learn from the incident.
The 10 days between the provision of the Notice and the delivery of the report allows the AP and PAP to undertake formal investigations and take appropriate action to remedy or begin to implement such remedy as is necessary.
Safety occurrences before January 2024
If a safety occurrence was identified before January 2024, AP’s and PAP’s must make a mandatory occurrence notice and report if one of the following applies:
- after taking into account any safety measures that are in place, it still meets the criteria of what to report to BSR
- the risk has worsened and now meets the criteria
Conclusion:
Submitting mandatory occurrence notices and reports is a vital step in upholding safety standards and regulatory compliance. The government's guidance as set out above sets out detailed instructions about who should report, what should be reported, when to report, and how to submit reports and notices.