Building Safety Act 2022

(2A) Where a local authority cancels an initial notice, in whole or in part, by giving a notice (a “cancellation notice”) under section 52A(4)— (a) the person shown in the initial notice as the person intending to carry out the work, or (b) the registered building control approver, may appeal to the appropriate court or tribunal. (2B) On an appeal under subsection (2A), the court or tribunal must determine whether the relevant part of the initial notice was properly cancelled. (2C) In a case where the court or tribunal determines that the relevant part of the initial notice was not properly cancelled— (a) the determination does not have the effect of reinstating the relevant part of the initial notice; (b) section 52B(2) and (6) continue to apply in relation to the relevant part of the initial notice; (c) a new initial notice relating to any of the work to which the relevant part of the original initial notice related (the “original work”) may be given only if the new initial notice— (i) is given before the end of the period of seven days beginning with the day on which the appeal is determined or such other period as may be prescribed, and (ii) relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority; (d) the court or tribunal may give such directions as it considers appropriate in consequence of the determination (which may include giving directions to the regulator). (2D) Where— (a) a plans certificate has been given in respect of any of the original work, (b) the conditions in paragraphs (a) and (b) of section 53(2) are fulfilled with respect to that certificate, and (c) a new initial notice as referred to in subsection (2C)(c) is accepted, section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate. (2E) Where— (a) a new initial notice is given in accordance with subsection (2C)(c), and (b) the registered building control approver shown in the new initial notice is different to the registered building control approver shown in the original initial notice, sections 53B to 53E apply as if any reference in those sections to a new initial notice given in accordance with section 53(7)(a) were a reference to a new initial notice given in accordance with section 55(2C)(c). (2F) In this section the “relevant part of the initial notice” means so much of the initial notice as was subject to the cancellation notice.

Higher-risk building work: public bodies

47

After section 54 of the Building Act 1984 insert—

(54A) (1) The appropriate national authority may by regulations make such amendments of the provisions listed in subsection (2) as the authority considers appropriate in connection with higher-risk building work. (2) The provisions are— (a) section 5; (b) section 54; (c) Schedule 4.

Insurance: removal of requirements

48

• (1) The Building Act 1984 is amended as follows.

• (2) In section 47 (giving and acceptance of initial notice)—

• (a) in subsection (1) omit paragraph (c) (but not the “and” at the end of it);

• (b) omit subsections (6) and (7).

• (3) In section 51A(2) (variation of work to which initial notice relates) omit paragraph (c) (but not the “and” at the end of it).

• (4) In section 56 (recording and furnishing of information) omit subsection (2).

Plans certificates

49

• (1) The Building Act 1984 is amended as follows.

• (2) In section 50 (plans certificates)—

• (a) for subsection (1) substitute—

(1) In this Part a “plans certificate” means a certificate by a registered building control approver that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the approver has given an initial notice). (1A) The relevant conditions are that the registered building control approver— (a) has inspected— (i) full plans of the work, or (ii) plans of the work that the approver is satisfied are sufficient for the purposes of giving a plans certificate in relation to the work, (b) is satisfied that the plans are not defective, (c) is satisfied that work carried out in accordance with the plans would not contravene any provision of building regulations, and (d) has complied with any prescribed requirements as to consultation or otherwise. (1B) Subsection (1C) applies if the person intending to carry out work to which an initial notice relates asks the registered building control approver who gave the initial notice to give a plans certificate in respect of the work. (1C) If the relevant conditions are met, the approver must give a plans certificate to the local authority and the person intending to carry out the work. (1D) A plans certificate must be in the prescribed form.

;

• (b) in subsection (4) for “certificate under subsection (1) above” substitute “plans certificate”;

• (c) after subsection (7) insert—

(7A) Building regulations may make further provision in connection with plans certificates, including in particular provision— (a) requiring a plans certificate to be given to the local authority in prescribed cases; (b) about the consequences of failing to comply with such a requirement (for example, for an initial notice to cease to have effect in whole or in part); (c) requiring a plans certificate stating that the condition in subsection (1A)(a)(ii) is met to include prescribed information about the further plans that the registered building control approver considers need to be provided.

• (3) In paragraph 2 of Schedule 4 (public body’s plans certificates)—

• (a) for sub-paragraph (1) substitute—

(1) In this Part a “public body’s plans certificate” means a certificate by a public body that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the public body has given a public body’s notice). (1A) The relevant conditions are that the public body— (a) is satisfied that— (i) a competent person has inspected full plans of the work, or (ii) a competent person has inspected plans of the work which the public body is satisfied, in the light of that inspection, are sufficient for the purposes of giving a public body’s plans certificate in relation to the work, (b) is satisfied in the light of that inspection that the plans are not defective, (c) is satisfied in the light of that inspection that work carried out in accordance with the plans would not contravene any provision of building regulations, and (d) has complied with any prescribed requirements as to consultation or otherwise. (1B) “Competent person” means a servant or agent of the public body who is competent to assess the plans. (1C) If the relevant conditions are met, the public body may give a public body’s plans certificate to the local authority. (1D) A public body’s plans certificate must be in the prescribed form.

;

• (b) after sub-paragraph (6) insert—

(7) Building regulations may make further provision about public body’s plans certificates, including in particular provision— (a) requiring a public body’s plans certificate to be given to the local authority in prescribed cases; (b) about the consequences of failing to comply with such a requirement (for example, for a public body’s notice to cease to have effect in whole or in part); (c) requiring a public body’s plans certificate stating that the condition in sub-paragraph (1A)(a)(ii) is met to include prescribed information about the further plans that the public body considers need to be provided.

Cancellation of initial notice

50

• (1) Section 52 of the Building Act 1984 (cancellation of initial notice) is amended in accordance with this section.

• (2) In subsection (1)—

• (a) omit the “or” after paragraph (b);

• (b) after paragraph (c), insert—

(d) the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates, (e) the registered building control approver is given a disciplinary order under section 58U(2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention), or (f) it appears to the registered building control approver that a prescribed circumstance exists,

;

• (c) for “approved inspector shall” substitute “registered building control approver, or in the case of paragraph (e) the person shown in the initial notice as the registered building control approver, must”.

• (3) For subsection (3) substitute—

(3) If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work to which the notice relates that— (a) the registered building control approver is no longer willing or able to carry out the registered building control approver’s functions with respect to any of that work, or (b) a prescribed circumstance exists, the person must cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the registered building control approver.

• (4) In subsection (4), after “subsection” insert “(1) or”.

• (5) After subsection (5) insert—

(5A) If, at a time when an initial notice is in force, it appears to the local authority concerned that a condition in subsection (5B) is satisfied, the authority must cancel the initial notice by notice in the prescribed form given to— (a) the person shown in the initial notice as the registered building control approver, and (b) the person shown in the initial notice as the person intending to carry out the work. (5B) The conditions are— (a) the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates; (b) the registered building control approver is given a disciplinary order under section 58U(2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention); (c) the registered building control approver is given a disciplinary order under section 58U(2)(d) (cancellation of registration); (d) the registered building control approver has their registration cancelled under section 58Z6(2) (serious contravention notices); (e) a prescribed circumstance exists.

• (6) After subsection (6) insert—

(7) Before cancelling an initial notice under subsection (5A) based on a condition in subsection (5B)(a), (b) or (e), the local authority must— (a) give the person shown in the initial notice as the registered building control approver a notice in the prescribed form at least seven days before the day on which the initial notice is to be cancelled, and (b) have regard to any representations made to the local authority during that period.

Enforcement of determinations

51

• (1) In section 53 of the Building Act 1984 (effect of initial notice ceasing to be in force), for subsection (7) substitute—

(7) A new initial notice relating to any of the work to which the original initial notice related (the “original work”) may be given only if— (a) in the case of an initial notice that ceases to be in force by virtue of— (i) being cancelled under section 52(1)(d) or (e), (ii) being cancelled under section 52(5A) based on a condition in section 52(5B)(a) to (d), or (iii) such other provision as may be prescribed, the conditions in subsection (8) are met, or (b) in any other case, the conditions in subsection (9) are met. (8) The conditions referred to in subsection (7)(a) are that the new initial notice— (a) is given before the end of the period of seven days beginning with the day on which the original initial notice ceased to be in force or such other period as may be prescribed, (b) relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority, and (c) is not a combined initial notice and plans certificate given in accordance with section 50(4). (9) The conditions referred to in subsection (7)(b) are that— (a) before the original initial notice ceases to be in force, the original registered building control approver has given a final certificate under section 51 in respect of any part of the work which they are satisfied has been completed, and (b) the new initial notice relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority. (10) Where— (a) a plans certificate has been given in respect of any of the original work, (b) the conditions in paragraphs (a) and (b) of subsection (2) are fulfilled with respect to that certificate, and (c) a new initial notice as referred to in subsection (7) is accepted, section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate. (11) Section 53B applies in relation to a new initial notice given in accordance with subsection (7)(a). (12) The appropriate national authority may issue guidance about the process for— (a) the giving of a new initial notice under subsection (7); (b) the giving of a transfer certificate and a transfer report under section 53B; (c) the consideration of a transfer certificate and a transfer report under section 53C. (13) The appropriate national authority may revise or withdraw any issued guidance. (14) The following must have regard to guidance issued under subsection (12)— (a) a local authority; (b) a registered building control approver; (c) a person carrying out or intending to carry out work to which a new initial notice given under subsection (7) relates.

• (2) After section 53A of the Building Act 1984 (inserted by section 36) insert—

(53B) (1) This section applies where a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases). (2) Where the new initial notice is accepted by the local authority the registered building control approver must take all reasonable steps to determine whether the unfinished work contravenes any provision of building regulations (including where necessary by carrying out inspections and laying open any work). (3) If the registered building control approver determines that the unfinished work does not contravene any provision of building regulations, the approver must give a transfer certificate and a transfer report to the local authority before the end of the relevant period. (4) If the registered building control approver is unable to make the determination referred to in subsection (3), the approver must— (a) give the person carrying out or intending to carry out the work a notice setting out why they were unable to make the determination, and (b) give a copy of that notice to the local authority. (5) A transfer certificate must— (a) confirm that the registered building control approver has determined that the unfinished work up to the date of the certificate does not contravene any provision of building regulations, and (b) contain the prescribed information. (6) A transfer report must contain any plans, documents or other information related to the confirmation in subsection (5)(a). (7) In this section the “relevant period” means— (a) the period of 21 days beginning with the day on which the new initial notice is accepted or such other period as may be prescribed, or (b) such longer period as may be agreed by the local authority following a request from the registered building control approver. (8) A transfer certificate given by a registered building control approver— (a) does not impose any liability, whether civil or criminal, on the registered building control approver for any work carried out by the previous registered building control approver, and (b) does not affect any liability, whether civil or criminal, of the previous registered building control approver for work carried out by that approver. (9) In this section “unfinished work” means all of the work to which the original initial notice related, except for any work in respect of which a final certificate was accepted by the local authority. (53C) (1) This section applies where a registered building control approver gives a transfer certificate and a transfer report to a local authority in accordance with section 53B(3). (2) The local authority must, by notice, accept or reject the certificate and report before the end of the relevant period. (3) The local authority may reject the certificate and report only if— (a) any of the prescribed grounds exist, or (b) the registered building control approver fails to comply with a requirement in subsection (4) to give information to the local authority. (4) During the period of 21 days beginning with the day on which the transfer certificate and transfer report is given to the local authority or such other period as may be prescribed, the local authority may, by notice, require the registered building control approver to give to the local authority such information as may be specified in the notice. (5) The registered building control approver must give the information specified in the notice to the local authority before the end of the period of seven days beginning with the day on which the notice is given or such other period as may be prescribed. (6) In this section the “relevant period” means— (a) the period of 21 days beginning with the day on which the transfer certificate and transfer report is given to the local authority or such other period as may be prescribed, or (b) such longer period as is determined in accordance with subsection (7). (7) Where— (a) a local authority requires a registered building control approver to give information to the local authority under subsection (4), and (b) the day by which the information is required to be given would (but for this subsection) fall within the final seven days of the relevant period or would fall outside the relevant period, the relevant period is to be extended to the end of the period of seven days beginning with the day after the day by which the information is required to be given. (8) Where a local authority requires a registered building control approver to give information to the local authority under subsection (4), the local authority must give a copy of the notice to the person shown in the initial notice as the person intending to carry out the work. (53D) (1) This section applies where— (a) a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases), and (b) the notice is accepted by the local authority. (2) If, at a time when the initial notice is in force— (a) the registered building control approver does not give the local authority a transfer certificate and transfer report in accordance with section 53B(3), or (b) the local authority rejects the transfer certificate and transfer report in accordance with section 53C, the local authority must cancel the initial notice by notice in the prescribed form given to the registered building control approver and the person shown in the initial notice as the person intending to carry out the work. (3) The person carrying out or intending to carry out the work to which the initial notice relates may, at a time— (a) when the initial notice is in force, and (b) before the local authority accepts or rejects the transfer certificate and report in accordance with section 53C, cancel the initial notice by notice in the prescribed form given to the local authority and, if it is practicable to do so, to the registered building control approver. (4) A notice under subsection (2) or (3) has the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given. (5) Where an initial notice ceases to be in force by virtue of subsection (2) or (3), a new initial notice may not, except in prescribed circumstances, be given in relation to any of the work to which the cancelled notice related. (6) Where an initial notice ceases to be in force by virtue of subsection (2) or (3)— (a) for the purpose of enabling the local authority to perform the functions referred to in section 48(1) in relation to any part of the work, building regulations may require the local authority to be provided with plans that relate to that part of the work, and (b) section 53(5) applies in relation to the notice as it applies in relation to an initial notice that ceases to be in force as referred to in section 53(1). (7) This section is without prejudice to any other provisions of this Part relating to when an initial notice ceases to be in force. (53E) (1) This section applies where— (a) a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases), and (b) the notice is accepted by the local authority. (2) During the period in respect of which— (a) the notice is in force, but (b) a transfer certificate and a transfer report have not been accepted by the local authority, the registered building control approver may not exercise the relevant functions. (3) In this section the “relevant functions” are the functions of a registered building control approver under, or under regulations made under— (a) section 50 (plans certificates); (b) section 51 (final certificates); (c) section 51A (amendment notices).

• (3) In section 47 of the Building Act 1984 (giving and acceptance of initial notice)—

• (a) in subsection (4)(b), after sub-paragraph (ia) (inserted by section 46) insert—

(ib) it is cancelled by a notice under section 53D, or

;

• (b) after subsection (7) insert—

(8) This section is subject to sections 53 and 53B (new initial notices).

• (4) In section 55 of the Building Act 1984 (appeals)—

• (a) in subsection (1)—

• (i) omit the “or” after paragraph (a);

• (ii) after paragraph (b) insert

or (c) a transfer certificate and a transfer report,

;

• (b) in subsection (2)(a), after “notice” insert “, report”;

• (c) in subsection (2)(b), after “notice” insert “, report”.

Information gathering

52

• (1) In section 53 of the Building Act 1984 (effect of initial notice ceasing to be in force), after subsection (4) insert—

(4A) For the purpose of enabling the local authority to perform the functions referred to in section 48(1), the local authority may by notice require the person shown in the initial notice as the registered building control approver to give the local authority— (a) any information the authority would have obtained if the authority had performed the function of enforcing building regulations in relation to the work to which the initial notice relates during the period in which the initial notice was in force, and (b) any other information the local authority may reasonably require. (4B) Where a person is required to give information under subsection (4A), the information must be given before the end of the prescribed period. (4C) The person shown in the initial notice as the registered building control approver (the “outgoing approver”) must, before the end of the prescribed period, give the person carrying out or intending to carry out the work to which the initial notice relates— (a) any information given to a local authority under subsection (4A), (b) any other information that the outgoing approver obtained or created in relation to the work during the period in which the initial notice was in force, and (c) any other information that the person carrying out or intending to carry out the work may by notice reasonably require for the purpose of enabling a person other than the outgoing approver to perform the functions referred to in section 48(1) in relation to the work. (4D) A notice under subsection (4C)(c)— (a) may only require information to be given in relation to work carried out during the period in which the initial notice was in force; (b) may require information to be provided in a specified format.

• (2) In section 57 of the Building Act 1984 (offences), in subsection (1)—

• (a) omit the “or” after paragraph (a);

• (b) after paragraph (a) insert—

(aa) fails without reasonable excuse to comply with a requirement under section 53(4A) to give information, or

.

New build home warranties

53

• (1) After section 56 of the Building Act 1984 insert—

(56A) (1) The regulator must establish and maintain a facility (the “facility”) to enable a specified person to give specified relevant information to another person by electronic communication. (2) The Secretary of State may by regulations require or authorise a specified person to use the facility when giving specified relevant information to another person. (3) Any information given to a person in accordance with regulations made under subsection (2) is to be treated for the purposes of section 56B (requirement to keep register) as also having been given to the regulator. (4) Regulations under this section may require a person who is given specified relevant information otherwise than through the facility to give that information to the regulator using the facility. (5) Regulations under this section may make provision treating specified relevant information that is given using the facility as having been given in the prescribed form for the purposes of this Part. (6) In this section— - “relevant information” means information that is required or authorised to be given by this Part or regulations made under it; - “specified” means specified in regulations made by the Secretary of State under this section. (7) In this section and section 56B— - “information” includes documents; - “documents” includes notices, certificates, orders, consents, demands and plans. (8) The Secretary of State may make regulations under this section only in relation to England. (56B) (1) The regulator must keep a register of specified relevant information. (2) The information that may be specified for the purposes of subsection (1) includes in particular information given, or treated as having been given, to the regulator using the facility established under section 56A(1). (3) The regulator— (a) must maintain the register in electronic form; (b) must ensure that any specified parts of the register are available for inspection by members of the public; (c) must, in specified circumstances, provide to members of the public, on request, copies of information kept in the register. (4) In this section— - “relevant information” means information that is required or authorised to be given by this Part or regulations made under it; - “specified” means specified in regulations made by the Secretary of State under this section. (5) The Secretary of State may make regulations under this section only in relation to England. (56C) (1) The regulator may by written notice delegate to a person, to such extent and subject to such conditions as the regulator considers appropriate, the functions conferred on the regulator by— (a) section 56A(1); (b) section 56B(1) and (3) (including the ability to charge fees in connection with the exercise of those functions). (2) In subsection (1) “fees” means fees that are prescribed by, or determined by the regulator in accordance with, regulations under section 105B. (3) The regulator may delegate different functions to different persons under subsection (1). (4) The regulator may delegate functions under subsection (1) only with the consent of the Secretary of State. (5) The regulator may revoke a delegation of functions to a person by giving a written notice to the person. (6) The regulator may revoke a delegation under subsection (5) only with the consent of the Secretary of State. (7) Schedule 3 to the Building Safety Act 2022 (information sharing) applies as if references to the regulator included references to a person to whom the regulator has delegated functions under subsection (1)(b).

• (2) In section 55 of the Building Act 1984 (appeals), after subsection (3) insert—

(4) On an appeal under subsection (1), the local authority must give the specified information to the regulator. (5) In this section “specified” means specified in regulations made by the Secretary of State under this section. (6) The Secretary of State may make regulations under this section only in relation to England.

• (3) In section 56 of the Building Act 1984 (recording and furnishing of information)—

• (a) in subsection (1)—

• (i) after “authority” insert “in Wales”;

• (ii) after “public body’s notices” insert “, transfer reports”;

• (iii) after “such notices” insert “, reports”;

• (b) in subsection (3), after “plans certificates, final certificates” insert “, transfer certificates”;

• (c) in subsection (4), after “section” insert “by a local authority in Wales”.

Miscellaneous and general

Functions under Part 3 of Building Act 1984

54

In the Building Act 1984 after section 90 insert—

(90A) (1) The Secretary of State may by regulations provide that in specified cases, a specified function under this Part of local authorities in England is to be a function of the regulator instead of, or in addition to, the local authority in question. (2) The Secretary of State may by regulations provide that in specified cases, a relevant authority proposing to exercise a specified function under this Part must notify a specified relevant authority of specified matters. (3) The notification must be made in the specified way and by the specified time. (4) In this section— - “relevant authority” means the regulator or a local authority for an area in England; - “specified” means specified by regulations under this section.

Minor and consequential amendments

55

Schedule 5 contains—

• (a) minor amendments of the Building Act 1984, and

• (b) amendments consequential on provision made by this Part.

Appeals

56

Schedule 6 makes provision about appeals under the Building Act 1984, including provision providing for—

• (a) certain appeals to be made to the regulator instead of the Secretary of State,

• (b) certain appeals relating to buildings in England to be made to the tribunal instead of a magistrates’ court, and

• (c) a right of appeal against a decision of a local authority not to consider certain applications or notices on the ground that they are in respect of higher-risk building work.

Fees and charges

57

In the Building Act 1984 after section 105A (inserted by paragraph 29 of Schedule 6) insert—

(105B) (1) The appropriate national authority may by regulations make provision authorising a relevant authority— (a) to charge fees, and (b) to recover charges, for or in connection with the performance of any of its functions under, or under an instrument made under, this Act. (2) The regulations may— (a) prescribe a fee or charge, or (b) provide for the amount of any fee or charge to be determined by the relevant authority in accordance with the regulations; and may make provision about the effect of failing to pay a fee or charge in accordance with the regulations. (3) The regulations may in particular— (a) provide that the amount of any charge is to be determined by the relevant authority in accordance with a scheme made and published by it, and (b) make provision about such schemes, including the principles to be embodied in such schemes. (4) In this section “relevant authority” means— (a) in relation to England, the regulator or a local authority for an area in England; (b) in relation to Wales, the Welsh Ministers or a local authority for an area in Wales.

Levy on applications for building control approval etc

58

In the Building Act 1984 after section 105B (inserted by section 57) insert—

(105C) (1) The Secretary of State may by regulations make provision for and in connection with the imposition, in respect of relevant applications or notices or specified descriptions of relevant applications or notices, of a levy for the purpose of meeting any building safety expenditure. (2) The levy is payable to the Secretary of State or a person designated by the Secretary of State. (3) The regulations may in particular make provision about— (a) the amount of the levy; (b) the person by whom it must be paid; (c) when the levy must be paid; (d) the provision of information or documents to, or by, the Secretary of State or designated person; (e) the consequences of a failure to pay the levy in accordance with the regulations; (f) the determination of disputes (including provision conferring a right to appeal to the tribunal and provision about appeals). (4) The different provision that may be made by the regulations by virtue of section 120A(2)(b) includes in particular different provision in relation to— (a) persons who are eligible to be members of a building industry scheme and are not members of that scheme, and (b) other persons. (5) The regulations may contain exemptions, for specified descriptions of person. (6) The regulations may provide that, unless the building control authority is given a notification under subsection (7) in relation to a relevant application or notice (or a relevant application or notice of a specified description), the authority— (a) may not take a specified step in relation to the application or notice (for example, may not grant an application, accept a notice or give a specified certificate in relation to works connected with the application or notice), or (b) must take a specified step in relation to the application or notice (for example, must reject a notice). (7) A notification under this section is a notification given by the Secretary of State or designated person— (a) that the levy payable in respect of the application or notice has been paid, or (b) that no levy is payable in respect of the application or notice. (8) The regulations must provide for any amount received by a designated person by way of a levy to be paid to the Secretary of State, subject to retention of an amount, determined by or in accordance with the regulations, in respect of the costs of administering the levy. (9) A designation under this section must be published in such way as the Secretary of State considers appropriate. (10) In this section “relevant application or notice” means— (a) an application for building control approval, (b) an initial notice, (c) an amendment notice, or (d) a public body’s notice, relating to a relevant building or proposed relevant building (including any such application or notice relating to work that causes a building to become a relevant building or causes a relevant building to cease to be such a building). (11) In this section— - “amendment notice, “initial notice” and “public body’s notice” have the same meaning as in Part 2 (see section 58); - “building industry scheme” means a scheme established under section 126 of the Building Safety Act 2022; - “building safety expenditure” means expenditure incurred by the Secretary of State (whether before or after the passing of this Act) in providing financial assistance to persons (whether by way of grant, loan or otherwise) for the purposes of enabling them to improve the safety of persons in or about buildings in England; - “relevant building” means a building in England consisting of or containing—one or more dwellings, orother accommodation,(and “accommodation” here includes temporary accommodation, for example in a hotel or hospital); - “specified” means specified in the regulations.

Crown application

59

In Part 5 of the Building Act 1984 before section 132 insert—

(131A) (1) The following provisions bind the Crown— (a) Part 1 except sections 35B to 37, 39A and 40; (b) Part 2; (c) Part 2A except sections 58I to 58K, 58U, 58V and 58Z4 to 58Z6; (d) Part 4 so far as it relates to a provision within any of the preceding paragraphs. (2) No contravention by the Crown of a provision within subsection (1)(a) to (d) makes the Crown criminally liable. (3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown. (4) Subsection (5) applies where— (a) a contravention of a provision within subsection (1)(a) or (b), or of Part 4 so far as it relates to such a provision, occurs in relation to a building or proposed building for which a local authority is the building control authority, or (b) a contravention of a provision within subsection (1)(c), or of Part 4 so far as it relates to such a provision, occurs in relation to Wales, and the Crown would, but for subsection (2), be criminally liable under this Act in respect of the contravention. (5) The High Court may, on the application of— (a) the local authority (in a case within subsection (4)(a)), or (b) the Welsh Ministers (in a case within subsection (4)(b)), declare unlawful the act or omission constituting the contravention. (6) In this section a reference to a provision includes any instrument made under it. (7) For the application to the Crown of Part 3, and Part 4 so far as it relates to that Part, see section 87.

Application to Parliament

60

• (1) The Building Act 1984 is amended as follows.

• (2) In section 95 (power to enter premises) after subsection (4) insert—

(5) This section does not apply in relation to the Parliamentary Estate (as defined by section 131B).

• (3) After section 131A (inserted by section 59) insert—

(131B) (1) In their application in relation to the Parliamentary Estate, Parts 1 and 2, and Part 4 so far as it relates to those Parts, have effect with the following modifications— (a) sections 35B to 37, 39A and 40 (enforcement etc) do not apply; (b) any reference to the owner or occupier of a building or of any premises is be read as a reference to— (i) the Corporate Officer of the House of Lords, (ii) the Corporate Officer of the House of Commons, or (as the case may be) (iii) the Corporate Officers acting jointly. (2) In the following provisions— - “Corporate Officer” means—the Corporate Officer of the House of Lords,the Corporate Officer of the House of Commons, orthe Corporate Officers acting jointly; - “relevant provision” means—any provision of, or of an instrument made under, Part 1 or 2, orany provision of Part 4 or of an instrument made under Part 4, so far as the provision relates to Part 1 or 2. (3) No contravention by a Corporate Officer of a relevant provision makes the Corporate Officer criminally liable. (4) Subsection (3) does not affect the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996). (5) Where a contravention of a relevant provision occurs which, but for subsection (3), would result in a Corporate Officer being criminally liable, the High Court may, on the application of the local authority, declare unlawful the act or omission constituting the contravention. (6) In this section “the Parliamentary Estate” means any building or other premises occupied for the purposes of either House of Parliament.

Part 4 — Higher-risk buildings

Introduction

Overview of Part

61

• (1) This Part contains provisions about the management of building safety risks as regards occupied higher-risk buildings.

• (2) In this Part—

• (a) sections 62 to 64 define “building safety risk” and make related provision;

• (b) sections 65 to 70 define “higher-risk building”, make related provision, and confer power to modify this Part as it applies in relation to any description of higher-risk building;

• (c) sections 71 to 75 contain other key definitions, including—

• (i) when a building is “occupied”;

• (ii) the definition of “accountable person” and “principal accountable person”;

and provide that the First-tier Tribunal may determine who is an accountable person or the principal accountable person for a higher-risk building;

• (d) sections 76 to 82 make provision about the registration of higher-risk buildings and about building assessment certificates;

• (e) sections 83 to 86 make provision about the assessment and management of building safety risks, including provision requiring a safety case report to be prepared and revised;

• (f) sections 87 to 90 contain provisions about the keeping and giving of information and documents to the regulator, other accountable persons, residents and others;

• (g) sections 91 to 94 contain provisions about engagement with residents etc, including—

• (i) provision requiring a residents’ engagement strategy to be prepared and revised;

• (ii) provision requiring complaints systems to be established and operated;

• (h) sections 95 to 97 impose duties on residents and make provision for the enforcement of those duties;

• (i) section 98 to 101 contain provisions about the enforcement of this Part;

• (j) section 102 and Schedule 7 provide for the appointment of a special measures manager, to undertake duties under this Part in place of an accountable person, and make further provision in connection with that appointment;

• (k) sections 103 to 107 contain provisions about appeals;

• (l) sections 108 to 111 contain miscellaneous provisions, including provision about cooperation and coordination;

• (m) sections 112 to 114 provide for certain terms to be implied into leases, and contain other provisions affecting the relationship between landlord and tenant or affecting commonholds;

• (n) section 115 contains definitions applying for the purposes of this Part.

Meaning of “building safety risk”

Meaning of “building safety risk”

62

• (1) In this Part “building safety risk” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building—

• (a) the spread of fire;

• (b) structural failure;

• (c) any other prescribed matter.

• (2) Before making regulations under subsection (1)(c), the Secretary of State must consult—

• (a) the regulator, and

• (b) such other persons as the Secretary of State considers appropriate.

• (3) But the regulator need not be consulted if—

• (a) the regulations give effect to a recommendation made by the regulator under section 63, or

• (b) the Secretary of State has under section 64 asked the regulator for its advice in relation to a proposal to make the regulations.

Recommendations about regulations under section 62

63

• (1) The regulator may recommend that the Secretary of State makes regulations under section 62.

• (2) The regulator may make a recommendation to prescribe a matter under section 62(1)(c) for any higher-risk building only if it considers that if the matter occurred as regards a higher-risk building it would have the potential to cause a major incident.

• (3) The regulator may make a recommendation to prescribe a matter under section 62(1)(c) for a description of higher-risk building only if it considers that if the matter occurred as regards a higher-risk building of that description it would have the potential to cause a major incident.

• (4) The regulator may make a recommendation to prescribe a matter under section 62(1)(c) for a description of building that is not a higher-risk building only if—

• (a) it considers that—

• (i) if the matter occurred as regards a building of that description it would have the potential to cause a major incident,

• (ii) the risk of the matter occurring is greater for that description of buildings than it is for buildings that are not of that description, and

• (iii) this Part should apply (with or without modifications) in relation to buildings of that description, and

• (b) it also recommends that buildings of that description should be higher-risk buildings for the purposes of this Part (and, if section 69(2)(b) applies, makes a recommendation of the kind mentioned there).

• (5) The regulator may make a recommendation to make regulations that would result in a matter ceasing to be prescribed under section 62(1)(c) only if—

• (a) where the matter is prescribed for any higher-risk building, it considers that if the matter occurred as regards a higher-risk building it would not have the potential to cause a major incident;

• (b) where the matter is prescribed for a description of higher-risk building, it considers that if the matter occurred as regards a higher-risk building of that description it would not have the potential to cause a major incident.

• (6) When making a recommendation, the regulator must give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation.

• (7) If following a recommendation the Secretary of State decides not to make the regulations, the Secretary of State must publish a document setting out—

• (a) the regulator’s recommendation,

• (b) the Secretary of State’s decision not to make the regulations, and

• (c) the reasons for that decision.

• (8) In this Part “major incident” means an incident resulting in—

• (a) a significant number of deaths, or

• (b) serious injury to a significant number of people.

Advice about regulations under section 62

64

Where the Secretary of State asks the regulator to provide advice about a proposal to make regulations under section 62, it must provide that advice.

Meaning of “higher-risk building”

Meaning of “higher-risk building” etc

65

• (1) In this Part “higher-risk building” means a building in England that—

• (a) is at least 18 metres in height or has at least 7 storeys, and

• (b) contains at least 2 residential units.

• (2) The Secretary of State may by regulations make provision supplementing this section.

• (3) The regulations may in particular—

• (a) define “building” or “storey” for the purposes of this section;

• (b) make provision about how the height of a building is to be determined for those purposes;

• (c) provide that “higher-risk building” does not include a building of a prescribed description.

• (4) Regulations made by virtue of subsection (3)(a) may in particular define “building” so as to provide that it includes—

• (a) any other structure or erection of any kind (whether temporary or permanent);

• (b) any vehicle, vessel or other movable object of any kind, in such circumstances as may be prescribed.

• (5) The Secretary of State may by regulations amend this section (other than subsection (2) or this subsection).

• (6) For the meaning of “residential unit” see section 115.

Regulations under section 65: procedure

66

• (1) Before making regulations under section 65, the Secretary of State must consult—

• (a) the regulator, and

• (b) such other persons as the Secretary of State considers appropriate.

• (2) But the regulator need not be consulted if—

• (a) the regulations give effect to a recommendation made by the regulator under section 63(4) or 69, or

• (b) the Secretary of State has under section 70 asked the regulator for advice about the description of building in question.

Regulations under section 65: additional procedure in certain cases

67

• (1) This section applies if the Secretary of State proposes to make regulations under section 65 that would result in a description of building (including anything within subsection (4) of that section) becoming a higher-risk building for the purposes of this Part.

• (2) The Secretary of State must ask the regulator under section 70(1) for advice about the description of building, except where the regulations would give effect to a recommendation under section 69(2).

• (3) The Secretary of State must carry out a cost-benefit analysis and publish it.

• (4) In this section “cost-benefit analysis” means—

• (a) an analysis of the costs together with an analysis of the benefits that will arise if the regulations are made, and

• (b) an estimate of those costs and of those benefits (subject to subsection (5)).

• (5) If, in the opinion of the Secretary of State—

• (a) the costs or benefits cannot reasonably be estimated, or

• (b) it is not reasonably practicable to produce an estimate,

the cost-benefit analysis need not estimate them, but must include a statement of the Secretary of State’s opinion and an explanation of it.

Modification of Part in relation to certain kinds of higher-risk building

68

• (1) The Secretary of State may make regulations modifying this Part as it applies in relation to a prescribed description of higher-risk building.

• (2) Before making the regulations, the Secretary of State must consult—

• (a) the regulator, and

• (b) such other persons as the Secretary of State considers appropriate.

• (3) But the regulator need not be consulted if the regulations give effect to a recommendation under section 63(4), 69 or 70.

Recommendations about definition of “higher-risk building” etc

69

• (1) Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers—

• (a) that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description,

• (b) that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and

• (c) that this Part should apply (with or without modifications) in relation to buildings of that description.

• (2) The regulator must—

• (a) recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Part,

• (b) if it considers that regulations under section 68 should be made modifying this Part as it applies in relation to that description of building, make a recommendation to the Secretary of State to that effect, and

• (c) give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under paragraph (a) and any recommendation under paragraph (b).

• (3) Subsection (4) applies if—

• (a) following a recommendation under subsection (2)(a) the Secretary of State decides not to make regulations under section 65 giving effect to the recommendation, or

• (b) following a recommendation under subsection (2)(b) the Secretary of State decides not to make regulations under section 68 giving effect to the recommendation.

• (4) The Secretary of State must publish a document setting out—

• (a) the regulator’s recommendation,

• (b) the Secretary of State’s decision not to make the regulations, and

• (c) the reasons for that decision.

• (5) If the regulator considers that this Part should not apply in relation to a particular description of higher-risk building, it must recommend to the Secretary of State that buildings of that description should cease to be higher-risk buildings for the purposes of this Part.

• (6) For the meaning of “major incident” see section 63.

Advice about definition of “higher-risk building” etc

70

• (1) Subsections (2) to (6) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of this Part.

• (2) The regulator must consider whether the following conditions are met—

• (a) the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description;

• (b) the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident;

• (c) the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Part.

• (3) The regulator must—

• (a) if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Part;

• (b) otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes.

• (4) Where the regulator—

• (a) makes a recommendation under subsection (3)(a), and

• (b) considers that regulations under section 68 should be made modifying this Part as it applies in relation to buildings of the specified description,

it must make a recommendation to the Secretary of State to that effect.

• (5) The regulator must give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under subsection (3) and any recommendation under subsection (4).

• (6) If, following a recommendation under subsection (3)(a), the Secretary of State decides not to make regulations under section 65 giving effect to the recommendation, the Secretary of State must publish a document setting out—

• (a) the regulator’s recommendation,

• (b) the Secretary of State’s decision not to make the regulations, and

• (c) the reasons for that decision.

• (7) If requested, the regulator must provide advice to the Secretary of State as to whether higher-risk buildings of a specified description should cease to be higher-risk buildings for the purposes of this Part.

• (8) In this section “specified” means specified by the Secretary of State in the request.

Meaning of “accountable person” and other key definitions

Meaning of “occupied” higher-risk building etc

71

• (1) The following provisions apply for the purposes of this Part.

• (2) A higher-risk building is “occupied” if there are residents of more than one residential unit in the building.

• (3) A reference to a resident of a higher-risk building is to a resident of a residential unit in such a building.

• (4) The Secretary of State may by regulations—

• (a) amend the definition of a higher-risk building being “occupied”;

• (b) amend the definition of a “resident” of a higher-risk building;

• (c) define, for the purposes of this Part, the meaning of being a “resident” of a residential unit.

• (5) See—

• (a) section 65 for the meaning of “higher-risk building”;

• (b) section 115 for the meaning of “residential unit”.

Meaning of “accountable person”

72

• (1) In this Part an “accountable person” for a higher-risk building is—

• (a) a person who holds a legal estate in possession in any part of the common parts (subject to subsection (2)), or

• (b) a person who does not hold a legal estate in any part of the building but who is under a relevant repairing obligation in relation to any part of the common parts.

This subsection is subject to subsection (5) (special rule for commonhold land).

• (2) A person (“the estate owner”) who holds a legal estate in possession in the common parts of a higher-risk building or any part of them (“the relevant common parts”) is not an accountable person for the building by virtue of subsection (1)(a) if—

• (a) each long lease of which the estate owner is lessor provides that a particular person, who does not hold a legal estate in any part of the building, is under a relevant repairing obligation in relation to all of the relevant common parts, or

• (b) all repairing obligations relating to the relevant common parts which would otherwise be obligations of the estate owner are functions of an RTM company.

• (3) Subsection (4) applies where—

• (a) under a lease, a person (“the estate owner”) holds a legal estate in possession in the common parts of a higher-risk building or any part of them (“the relevant common parts”), and

• (b) a landlord under the lease is under a relevant repairing obligation in relation to any of the relevant common parts.

• (4) For the purposes of this section and section 73—

• (a) the legal estate in possession in so much of the relevant common parts as are within subsection (3)(b) is treated as held by the landlord (instead of the estate owner), and

• (b) if (and so far as) the landlord’s actual legal estate in those common parts is held under a lease, the legal estate in possession mentioned in paragraph (a) is treated as held under that lease (and, accordingly, subsection (3) and this subsection may apply in relation to it).

• (5) Where a higher-risk building is on commonhold land, the commonhold association is the accountable person for the building for the purposes of this Part.

• (6) For the purposes of this section—

• “common parts”, in relation to a building, means— the structure and exterior of the building, except so far as included in a demise of a single dwelling or of premises to be occupied for the purposes of a business, or any part of the building provided for the use, benefit and enjoyment of the residents of more than one residential unit (whether alone or with other persons);

• “commonhold association” and “commonhold land” have the same meaning as in Part 1 of the Commonhold and Leasehold Reform Act 2002 (see sections 34 and 1 respectively);

• “long lease”: for the meaning of “long lease” see section 115;

• “possession”: a reference to “possession” does not include the receipt of rents and profits or the right to receive the same;

• “relevant repairing obligation”: a person is under a relevant repairing obligation in relation to anything if the person is required, under a lease or by virtue of an enactment, to repair or maintain that thing;

• “RTM company” has the same meaning as in Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage).

• (7) The Secretary of State may by regulations amend this section (other than this subsection).

Meaning of “principal accountable person”

73

• (1) In this Part the “principal accountable person” for a higher-risk building is—

• (a) in relation to a building with one accountable person, that person;

• (b) in relation to a building with more than one accountable person, the accountable person who—

• (i) holds a legal estate in possession in the relevant parts of the structure and exterior of the building, or

• (ii) is within section 72(1)(b) because of a relevant repairing obligation (within the meaning of that section) in relation to the relevant parts of the structure and exterior of the building.

• (2) For the purposes of this section—

• (a) the reference to “the relevant parts of the structure and exterior” of a building is to its structure and exterior except so far as included in a demise of a single dwelling or of premises to be occupied for the purposes of a business;

• (b) the reference to “possession” does not include the receipt of rents and profits or the right to receive the same.

• (3) Subsection (1)(b) is subject to section 75(2) (powers of tribunal where more than one accountable person is within subsection (1)(b)).

Part of building for which an accountable person is responsible

74

In this Part, any reference to the part of a higher-risk building for which an accountable person is responsible is to such part of the building (including all of it) as is determined by or in accordance with regulations.

Determinations by the tribunal

75

• (1) An interested person may apply to the tribunal for a determination, as regards a higher-risk building, of any of the following—

• (a) the person or persons who are accountable persons for the building;

• (b) the person who is the principal accountable person for the building;

• (c) the part of the building for which any accountable person for the building is responsible.

• (2) Where, on an application under subsection (1)(b), it appears to the tribunal that there is more than one accountable person within section 73(1)(b), the principal accountable person is such one of those accountable persons as the tribunal considers appropriate.

• (3) In this section “interested person” means—

• (a) the regulator,

• (b) a person who holds a legal estate in any part of the common parts (or who claims to hold such an estate), or

• (c) a person who is under a relevant repairing obligation in relation to any part of the common parts (or who claims to be under such an obligation).