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Building Safety Act 2022

Type Public General Act

Publication 2022-04-28

Last updated 2026-01-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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”;

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;

(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”

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;

(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

(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;

(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

(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

(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

(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;

(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;

(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).

(4) In subsection (3) “relevant repairing obligation” and “common parts” have the same meaning as in section 72.

Registration and certificates

Requirement for completion certificate before occupation

76

(1) This section applies if any of the following works are carried out—

(a) the construction of a higher-risk building;

(b) the creation of additional residential units in such a building;

(2) If a relevant residential unit is occupied before a completion certificate relating to a relevant part of the building is issued, the relevant accountable person commits an offence.

(3) It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for the residential unit being occupied before such a completion certificate was issued.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

(5) In this section—

“completion certificate” means a certificate of a prescribed description that is issued under regulations made under section 1(1) of the Building Act 1984 (building regulations);

“occupied”: a residential unit is occupied if there is a resident of it;

“relevant accountable person”, in relation to a residential unit, means the accountable person who is responsible for a relevant part of the building;

“relevant part” of a building, in relation to a residential unit, means a part of the building containing the residential unit;

“relevant residential unit” means— in the case of works within subsection (1)(a), any residential unit in the building; in the case of works within subsection (1)(b), any additional residential unit; in the case of works within subsection (1)(c), any residential unit in the building except one that existed before the works began.

Occupation: registration requirement

77

(1) The principal accountable person for a higher-risk building commits an offence if the building is occupied but not registered.

(2) It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for the building being occupied but not registered.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

(4) In this section “registered” means registered under section 78.

Registration of higher-risk buildings

78

(1) On an application by the principal accountable person for a higher-risk building the regulator may register the building.

(2) The regulator must publish the register in such way as it considers appropriate.

(3) The regulator may remove a building from the register if it appears to the regulator that—

(a) the building is not occupied, or

(b) the building is not a higher-risk building.

(4) The Secretary of State may by regulations make provision about the register, including in particular provision about—

(a) the information to be contained in the register;

(b) the updating or other revision of information in the register;

(5) The Secretary of State may by regulations make provision in relation to applications under this section, including in particular provision about—

(a) the form and content of an application;

(b) the information and documents that must accompany an application;

(d) the circumstances in which an application may be withdrawn or treated as withdrawn;

(e) the way in which an application may be withdrawn.

Occupied building: duty to apply for building assessment certificate

79

(1) This section applies where the regulator directs the principal accountable person for an occupied higher-risk building to apply to the regulator for a building assessment certificate in relation to the building.

(2) The principal accountable person for the building must make the application within the period of 28 days beginning with the day on which the direction is given.

(3) A person who, without reasonable excuse, contravenes subsection (2) commits an offence.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

(5) In this section “building assessment certificate” means a certificate issued under section 81.

Applications for building assessment certificates

80

(1) An application under section 79 must be accompanied by—

(a) a copy of the most recent safety case report for the building unless a copy of that report has been provided under section 86(2);

(b) prescribed information about the mandatory occurrence reporting system operated by the principal accountable person;

(c) prescribed information demonstrating compliance by each accountable person for the building with their duties under section 89;

(d) a copy of any residents’ engagement strategy.

(2) The Secretary of State may by regulations make further provision about applications under section 79, including in particular provision about—

(a) the form and content of an application;

(b) the way in which an application, and anything which is to accompany it, is to be given;

(d) the way in which an application may be withdrawn.

(3) In this section—

“mandatory occurrence reporting system” has the same meaning as in section 87;

“residents’ engagement strategy” has the same meaning as in section 91;

“safety case report” has the same meaning as in section 85.

Building assessment certificates

81

(1) This section applies where—

(a) the principal accountable person for an occupied higher-risk building applies under section 79 for a certificate in relation to the building (a “building assessment certificate”),

(b) the application is made pursuant to a direction of the regulator under that section, and

(2) The regulator must assess whether the relevant duties are being complied with (and may inspect the building in connection with that assessment).

(3) The regulator—

(a) must give a building assessment certificate if satisfied that all relevant duties are being complied with;

(b) if not so satisfied, must (subject to subsection (4)) refuse the application and notify the principal accountable person of the refusal.

(4) If the regulator considers that a contravention of a relevant duty can be remedied promptly—

(a) the regulator may give a notice under this subsection to the principal accountable person containing a brief description of the contravention and specifying a period for remedying the contravention, and

(b) if it does so, and the contravention is remedied within that period, it may give a building assessment certificate (instead of refusing the application).

(5) In this section “relevant duty” means a duty of an accountable person for the building under, or under prescribed regulations made under, any of the following—

(a) section 83 (duty to assess building safety risks);

(b) section 84 (management of building safety risks);

(d) section 87(5) (duties relating to mandatory occurrence reporting system);

(e) section 89 (provision of information to regulator, residents etc);

(f) section 91 (duty to produce a residents’ engagement strategy).

(6) The Secretary of State may by regulations make further provision about building assessment certificates and notices under this section, including in particular provision about—

(a) the period in relation to which a certificate may be given;

(b) the form and content of a certificate or notice;

Duty to display building assessment certificate etc

82

(1) The principal accountable person for an occupied higher-risk building must ensure that the following are displayed together, in a conspicuous position in the building—

(a) a notice in the prescribed form containing prescribed information about accountable persons for the building;

(b) the most recent building assessment certificate relating to the building;

(2) Where a special measures order is in force in relation to an occupied higher-risk building—

(a) subsection (1) has effect as if paragraph (b) were omitted, and

(b) the principal accountable person for the building must ensure that no building assessment certificate relating to the building is displayed in the building.

(3) A person who, without reasonable excuse, contravenes subsection (1) or (2)(b) commits an offence.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

(5) In this section—

“building assessment certificate” has the same meaning as in section 81;

“relevant compliance notice”: a compliance notice is “relevant” if— it has been given to an accountable person for the building, if it was not given to the principal accountable person for the building, the regulator has given a copy of it to the principal accountable person, and the regulator has not notified the principal accountable person that the notice has been withdrawn.

Duties relating to building safety risks

Assessment of building safety risks

83

(1) An accountable person for an occupied higher-risk building must as soon as reasonably practicable after the relevant time assess the building safety risks as regards the part of the building for which they are responsible.

(2) Further such assessments must be made—

(a) at regular intervals,

(b) at any time that the accountable person has reason to suspect that the current assessment is no longer valid, and

(3) An assessment under subsection (1) or (2) must be suitable and sufficient for the purposes of enabling the accountable person to comply with their duties under section 84.

(4) In this section “the relevant time” means—

(a) the time when the building becomes occupied, or

(b) if later, the time when the person becomes an accountable person for the building.

Management of building safety risks

84

(1) An accountable person for an occupied higher-risk building must take all reasonable steps for the following purposes—

(a) preventing a building safety risk materialising as regards the part of the building for which they are responsible;

(b) reducing the severity of any incident resulting from such a risk materialising.

(2) Those steps may in particular involve the accountable person carrying out works to the part of the building for which they are responsible.

(3) When taking the steps the accountable person must act in accordance with prescribed principles.

(4) The steps must be taken promptly.

(5) The accountable person must make and give effect to arrangements for the purpose of ensuring the effective planning, organisation, control, monitoring and review of steps taken under this section.

Safety case report

85

(1) The principal accountable person for an occupied higher-risk building must as soon as reasonably practicable after the relevant time prepare a report (a “safety case report”) containing—

(a) any assessment of the building safety risks made under section 83 by an accountable person for the building, and

(b) a brief description of any steps taken under section 84 by an accountable person for the building.

(2) The principal accountable person must revise a safety case report if they consider it necessary or appropriate to do so following—

(a) any further assessment under section 83 made by an accountable person for the building, or

(b) the taking of further steps under section 84 by an accountable person for the building.

(3) The Secretary of State may by regulations make further provision about the content and form of safety case reports.

(4) In this section “the relevant time” means—

(a) the time when the building becomes occupied, or

(b) if later, the time when the person becomes the principal accountable person for the building.

Notification and provision of report to the regulator

86

(1) The principal accountable person for an occupied higher-risk building must notify the regulator as soon as reasonably practicable after preparing or revising a safety case report.

(2) Where the regulator asks the principal accountable person to provide it with a copy of the safety case report, the principal accountable person must give a copy of it to the regulator as soon as reasonably practicable.

(3) The Secretary of State may by regulations make provision about—

(a) the content and form of notifications under this section;

(b) the way in which a notification or copy of a report must be given.

(4) In this section “safety case report” has the same meaning as in section 85.

Duties relating to information and documents

Mandatory reporting requirements

87

(1) An accountable person for an occupied higher-risk building must, in prescribed circumstances, give prescribed information to the regulator by the prescribed time and in the specified way.

(2) The information that may be prescribed is information that relates to a building safety risk as regards the part of the building for which an accountable person is responsible.

(3) In subsection (1) “specified” means specified in a direction given and published by the regulator.

(4) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on summary conviction to a fine.

(5) The principal accountable person for an occupied higher-risk building must establish and operate an effective mandatory occurrence reporting system which complies with prescribed requirements.

(6) A “mandatory occurrence reporting system” is a system for the giving of information to accountable persons for the building for the purpose of enabling them to comply with subsection (1).

(7) Information provided by a person under subsection (1) is not admissible in evidence against that person in criminal proceedings except—

(a) in proceedings for an offence under section 24 or this section,

(b) in proceedings for an offence of perverting the course of justice, or

(i) in giving evidence the person makes a statement inconsistent with the information, and

(ii) evidence as to the information that was provided is adduced, or a question relating to it is asked, by or on behalf of the person.

Keeping information about higher-risk buildings

88

(1) An accountable person for a higher-risk building must—

(a) keep prescribed information in accordance with prescribed standards, and

(b) so far as possible keep such information up to date.

(2) An accountable person for a higher-risk building must keep copies of prescribed documents in accordance with prescribed standards.

(3) Where an accountable person does not hold prescribed information or a copy of a prescribed document, they must obtain it except where it is not practicable to do so.

(4) The Secretary of State may by regulations make provision as to when the duties in subsections (1) to (3) apply.

Provision of information etc to the regulator, residents and other persons

89

(1) The Secretary of State may by regulations make provision requiring an accountable person for a higher-risk building to give prescribed information or a copy of a prescribed document to—

(a) the regulator,

(b) another accountable person for the building,

(d) owners of residential units in the building, or

(e) any other prescribed person.

(2) The regulations may in particular make provision about—

(a) when information or a copy of a document must be given;

(b) the way in which information or copy of a document must be given;

(c) the form in which information must be given (and may in particular require that the information is given in an accessible form);

(d) the standards in accordance with which information or a copy of a document must be given.

(3) The regulations may make exceptions to any duty imposed under the regulations.

(4) Subject to subsection (5), the regulations may provide that the disclosure of information under this section does not breach—

(a) any obligation of confidence owed by the accountable person in relation to that information;

(b) any other restriction on the disclosure of information (however imposed).

(5) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).

(6) Where the regulations provide that any information or document must be given to the regulator, they may make provision about the admissibility in any criminal proceedings of the information or document.

Provision of information etc on change in accountable person

90

(1) This section applies where at any time (“the relevant time”) an accountable person for a higher-risk building (the “outgoing person”) ceases to be responsible for all or any part of the building.

(2) The outgoing person must give prescribed information and a copy of any prescribed document to any person who, immediately after the relevant time—

(a) is an accountable person for the building, and

(b) is responsible for a part of the building for which the outgoing person ceased to be responsible at the relevant time.

(3) The information and documents must be given—

(a) by the prescribed time,

(b) in the prescribed way, and

(4) The outgoing person must give prescribed information to the regulator in the prescribed way, as soon as reasonably practicable after the relevant time.

(5) Subject to subsection (6), regulations made by the Secretary of State under this section may provide that the disclosure of information under this section does not breach—

(a) any obligation of confidence owed by the outgoing person in relation to that information;

(b) any other restriction on the disclosure of information (however imposed).

(6) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).

(7) A person who, without reasonable excuse, contravenes subsection (2) or (4) commits an offence and is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

Engagement with residents etc

Residents’ engagement strategy

91

(1) The principal accountable person for an occupied higher-risk building must—

(a) as soon as reasonably practicable after the relevant time prepare a strategy (a “residents’ engagement strategy”) for promoting the participation of relevant persons in the making of building safety decisions;

(b) review the strategy at prescribed times, and revise it if they consider it necessary or appropriate to do so;

(c) in prescribed circumstances, consult relevant persons and prescribed persons on the strategy and take any representations made on the consultation into account when next reviewing the strategy;

(d) act in accordance with the strategy.

(2) “Building safety decision” means a decision by an accountable person for the building that—

(a) is about the management of the building, and

(b) is made in connection with the performance of a duty of the accountable person under, or under regulations made under, this Part.

(3) The strategy must include information about—

(a) the information that will be provided to relevant persons about decisions relating to the management of the building,

(b) the aspects of those decisions that relevant persons will be consulted about,

(d) how the appropriateness of methods for promoting participation will be measured and kept under review.

(4) As soon as reasonably practicable after the strategy is prepared or revised, each accountable person for the building must give a copy of the strategy to—

(a) each resident of the building who—

(i) is aged 16 or over, and

(ii) resides in a residential unit in the part of the building for which the accountable person is responsible;

(b) each owner of a residential unit in that part of the building;

(5) The duty under subsection (4)(a) does not apply in relation to a resident if the accountable person—

(a) is not aware of the resident, and

(b) has taken all reasonable steps to make themselves aware of persons who reside in residential units in the part of the building for which the accountable person is responsible.

(6) The Secretary of State may by regulations—

(a) make further provision about the content of a residents’ engagement strategy;

(b) make provision about the preparation, review or revision of a residents’ engagement strategy, in cases where there is more than one accountable person for the building;

(d) make provision about consultations under this section.

(7) In this section—

“relevant persons” are— residents of the higher-risk building who are aged 16 or over, and owners of residential units in the building;

“the relevant time” has the meaning given by section 85.

Requests for further information

92

(1) This section applies where—

(a) a resident of an occupied higher-risk building who is aged 16 or over, or

(b) an owner of a residential unit in the building,

makes a request to an accountable person for the building to give them prescribed information or a copy of a prescribed document.

(2) The accountable person must as soon as reasonably practicable give the resident or owner the information or document requested.

(3) The Secretary of State may by regulations make provision about—

(a) the way in which information or a copy of a document must be given under this section;

(b) the form in which information must be given under this section (and may in particular require that the information is given in an accessible form).

(4) The Secretary of State may by regulations provide that in prescribed circumstances an accountable person is not required by subsection (2) to provide a copy of a document or some or all of the information requested.

(5) Subject to subsection (6), the regulations may provide that the disclosure of information under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(6) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).

Complaints procedure operated by principal accountable person

93

(1) The principal accountable person for an occupied higher-risk building must as soon as reasonably practicable after the relevant time establish and operate a system for the investigation of relevant complaints.

(2) The Secretary of State may by regulations make provision about the establishment and operation of complaints systems under this section.

(3) The regulations may in particular make provision—

(a) about the way in which complaints may be made;

(b) about the period within which a complaint must be considered and dealt with;

(4) In this section—

“relevant complaint” means a complaint relating to— a building safety risk as regards the building, or the performance by an accountable person for the building of any duty under, or under regulations made under, this Part;

“the relevant time” has the meaning given by section 85.

Complaints procedure operated by the regulator

94

(1) The regulator must establish and operate a system for the investigation of relevant complaints that are made, or referred under section 93, to the regulator.

(2) The regulator must consult the committee mentioned in section 11 (residents’ panel)—

(a) before the complaints system is established or, if the committee has not been established at the time the complaints system is established, as soon as reasonably practicable after the committee is established, and

(b) before making any significant change to the complaints system.

(3) The Secretary of State may by regulations make provision about the establishment and operation of the complaints system under this section.

(4) The regulations may in particular make provision about—

(a) the period within which a complaint must be considered and dealt with;

(b) action that the regulator must consider taking in response to a complaint.

(5) In this section “relevant complaint” means a complaint relating to—

(a) a building safety risk as regards an occupied higher-risk building,

(b) the performance by an accountable person for an occupied higher-risk building of any duty under, or under regulations made under, this Part, or

Residents' etc duties

Duties on residents and owners

95

(1) This section applies to—

(a) a resident of a residential unit in an occupied higher-risk building who is aged 16 or over;

(b) an owner of a residential unit in such a building.

(2) A person to whom this section applies—

(a) must not act in a way that creates a significant risk of a building safety risk materialising;

(b) must not interfere with a relevant safety item;

(c) must comply with a request, made by the appropriate accountable person, for information reasonably required for the purposes of a duty under section 83 or 84.

(3) For the purposes of subsection (2)(b) a person “interferes” with a relevant safety item if they, without reasonable excuse—

(a) damage it,

(b) remove it, or

(4) In this section—

“appropriate accountable person” means the accountable person for the building who is responsible for the part of the building comprising the residential unit;

“relevant safety item” means— anything that— is in, or forms part of, the common parts (as defined by section 72), and is intended to improve the safety of people in or about the building in relation to a building safety risk, or any other prescribed thing.

Contravention notices

96

(1) This section applies where it appears to the appropriate accountable person that a relevant person has contravened or is contravening a duty under section 95(2).

(2) The appropriate accountable person may give a contravention notice to the relevant person.

(3) A “contravention notice” is a notice that—

(a) specifies the alleged contravention;

(b) specifies any steps that the appropriate accountable person considers the relevant person should take in order to remedy the contravention, and a reasonable time for the taking of those steps;

(c) specifies anything that the appropriate accountable person considers the relevant person should refrain from doing, to avoid further contraventions of the duty;

(d) contains an explanation of the steps that the appropriate accountable person may take under this section if the notice is not complied with.

(4) Where it appears to the appropriate accountable person that the relevant person has contravened or is contravening the duty under section 95(2)(b), the contravention notice may require the relevant person to pay to the appropriate accountable person a sum specified in the notice.

(5) A sum may be specified in a contravention notice under subsection (4) only if—

(a) it is necessary to repair or replace the relevant safety item as a result of the contravention, and

(b) the sum specified does not exceed the reasonable cost of repairing or replacing (as the case may be) that item.

(6) The Secretary of State may by regulations make provision about contravention notices, including—

(a) provision about the form of a notice and the way a notice is to be given, and

(b) further provision about the content of a notice.

(7) The county court may, on an application made by the appropriate accountable person, make an order under this section if satisfied that—

(a) a contravention notice has been given,

(b) the contravention alleged in the notice occurred, and

(8) An order under this section may—

(a) require a relevant person to provide specified information or do a specified thing, by a specified time;

(b) prohibit a relevant person from doing a specified thing;

(c) where a contravention notice requires a sum to be paid under subsection (4), require a relevant person to pay to the appropriate accountable person a specified sum.

“Specified” here means specified in the order.

(9) A sum specified in an order under subsection (8)(c) may not exceed the sum specified in the contravention notice.

(10) In this section—

“appropriate accountable person” has the same meaning as in section 95;

“relevant person” means a person who is subject to the duties under section 95 (see subsection (1) of that section).

Access to premises

97

(1) This section applies where —

(a) an accountable person for an occupied higher-risk building makes a request to a relevant person to enter relevant premises,

(b) the request is made for the purpose of—

(i) facilitating the performance of a duty under section 83 or 84 (assessment of building safety risk etc), or

(ii) determining whether a duty under section 95 (duties on residents and owners) has been contravened,

(d) entry to the premises is not given.

(2) A request is within this subsection if it—

(a) is in writing,

(b) sets out the purpose for which it is made,

(d) requests access to the premises at a reasonable time, and

(e) is made at least 48 hours before the time mentioned in paragraph (d).

(3) The accountable person may apply to the county court for an order—

(a) requiring the relevant person to allow the accountable person, or a person authorised by the accountable person, to enter the relevant premises at a reasonable time for the purpose mentioned in the request, and

(b) if necessary for that purpose, authorising the taking of measurements, photographs, recordings or samples by the accountable person or authorised person.

(4) The county court—

(a) may make an order under subsection (3)(a) or (b) if satisfied that it is necessary to do so for the purpose mentioned in the request;

(b) must, if it does so, specify a date on which, or in a period within which, the accountable person or authorised person may enter the relevant premises for that purpose.

(5) In this section—

“relevant person” in relation to relevant premises means— a resident of those premises who is aged 16 or over; where those premises are controlled but not occupied, a person controlling those premises; in any other case, an owner of those premises;

“relevant premises” means any premises in the part of the building for which the accountable person is responsible that are occupied or controlled by— a resident of a residential unit in the building, or an owner of a residential unit in the building.

Enforcement

Duty on regulator to enforce Part

98

The regulator must enforce the provisions of this Part and regulations made under it.

Compliance notices

99

(1) The regulator may give a compliance notice to an accountable person for a higher-risk building who appears to the regulator to have contravened, be contravening or be likely to contravene a relevant requirement.

(2) A “compliance notice” is—

(a) a notice requiring the accountable person to take specified steps within a specified period, or

(b) a notice requiring the accountable person to remedy the contravention or the matters giving rise to it within a specified period.

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