Building Safety Act 2022

• (3) A notice of a kind mentioned in subsection (2)(a) may specify any steps relating to—

• (a) the remedying of the contravention, or

• (b) avoiding the contravention occurring.

• (4) Where it appears to the regulator that the contravention has placed or will place people in or about the building in imminent danger, the regulator may specify that the compliance notice is a notice to which this subsection applies (an “urgent action notice”).

• (5) A person who, without reasonable excuse, contravenes a compliance notice commits an offence.

• (6) 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.

• (7) In this section—

• “relevant requirement” means any requirement on an accountable person under, or under regulations made under, this Part except one that is prescribed for the purposes of this section;

• “specified” means specified in the notice.

Compliance notices: supplementary

100

• (1) The Secretary of State may by regulations make further provision about compliance notices.

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

• (a) the form and content of notices;

• (b) the giving of notices;

• (c) the amendment or withdrawal of notices;

• (d) the extension of any period specified in a compliance notice for the doing of a thing.

• (3) Subsection (4) applies where the regulator has given a compliance notice to an accountable person for a higher-risk building.

• (4) The regulator must take reasonable steps to notify—

• (a) the local authority for the area in which the building is situated;

• (b) the fire and rescue authority for the area in which the building is situated;

• (c) where the accountable person for the building is a registered provider of social housing, the Regulator of Social Housing;

• (d) any other prescribed person.

Offence: contravention giving rise to risk of death and serious injury

101

• (1) An accountable person for a higher-risk building commits an offence if—

• (a) without reasonable excuse, the accountable person contravenes a relevant requirement, and

• (b) the contravention places one or more people in or about the building at critical risk.

• (2) In subsection (1)—

• “critical risk” means a significant risk of death or serious injury arising from a building safety risk;

• “relevant requirement” means any requirement on an accountable person under, or under regulations made under, this Part except one that is prescribed for the purposes of this section.

• (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.

Special measures

Special measures

102

Schedule 7 provides for the appointment of a special measures manager, to undertake duties under this Part in place of an accountable person, and makes further provision in connection with that appointment.

Appeals etc

Appeals against compliance notice etc

103

• (1) A person to whom a compliance notice has been given may appeal to the tribunal.

• (2) An appeal may be on the grounds—

• (a) that the person has not contravened, is not contravening, or is not likely to contravene, a relevant requirement;

• (b) that it is unreasonable to require the person to do any thing specified to be done in the notice.

• (3) Where an appeal under subsection (1) is made and the compliance notice is not an urgent action notice—

• (a) the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and

• (b) the specified period mentioned in section 99(2)(a) is treated as extended by the period—

• (i) beginning with the day on which the appeal is made, and

• (ii) ending with the day on which the appeal is finally determined or withdrawn.

• (4) Where an appeal under subsection (1) is made and the compliance notice is an urgent action notice—

• (a) the appellant may apply to the tribunal for a direction that the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and

• (b) unless and until any such direction is given, the compliance notice continues to have effect despite the making of the appeal.

• (5) A person to whom a compliance notice has been given may apply to the tribunal for an extension of the period for the doing of any thing specified to be done in the notice.

• (6) Subsections (3) and (4) apply to such an application as they apply to an appeal under subsection (1).

• (7) In this section “urgent action notice” has the meaning given by section 99(4).

Appeals against decisions of the regulator made under this Part

104

• (1) This section applies in relation to a decision of the regulator—

• (a) not to register a building on an application under section 78(1);

• (b) to remove a building from the register under section 78(3);

• (c) to refuse an application for a building assessment certificate under section 81(3);

• (d) to give a direction under section 83(2).

• (2) An affected person may appeal the decision.

• (3) An appeal may be on the grounds—

• (a) that the decision was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unreasonable.

• (4) In this section “an affected person” means—

• (a) in relation to a decision of the regulator mentioned in paragraph (a) or (b) of subsection (1), an accountable person for the higher-risk building (or a person who would be an accountable person for the building if the building were a higher-risk building);

• (b) in relation to a decision of the regulator mentioned in paragraph (c) of subsection (1), an accountable person for the higher-risk building;

• (c) in relation to a decision of the regulator mentioned in paragraph (d) of subsection (1), the accountable person subject to the direction.

Appeals against decisions of the regulator made under regulations

105

• (1) This section applies in relation to a prescribed decision of the regulator made under regulations made under this Part.

• (2) A prescribed person may appeal to the tribunal against the decision.

• (3) An appeal may be made only on prescribed grounds.

Appeals: supplementary

106

• (1) This section applies in relation to an appeal to the tribunal under section 103(1), 104 or 105.

• (2) The tribunal—

• (a) must consider afresh the decision appealed against, and

• (b) may take into account evidence that was not available to the regulator.

• (3) The tribunal may confirm, vary or quash the decision of the regulator.

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

• (a) provide for the suspension during the appeal period of the effect of a notice (other than a compliance notice) given or other thing done by the regulator;

• (b) make other provision about the effect during the appeal period of an appeal (including provision conferring powers on the tribunal).

• (5) In subsection (4) “the appeal period” means the period beginning with the making of the appeal and ending with the final determination or withdrawal of the appeal.

Enforcement of decisions of the First-tier and Upper Tribunal

107

• (1) A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this Part is enforceable with the permission of the county court in the same way as an order of that court.

• (2) Subsection (1) does not apply to a decision of the First-tier Tribunal or Upper Tribunal ordering the payment of a sum (as to which see section 28 of the Tribunals, Courts and Enforcement Act 2007 (enforcement)).

Miscellaneous and general

Guidance

108

• (1) The regulator may issue guidance about any of the following matters—

• (a) the performance of any duties under section 87 (mandatory reporting requirements);

• (b) the performance of any duties under section 88 or 89 (duty to keep or give information);

• (c) the performance of any duties under section 92 (duty to give further information to residents);

• (d) the performance of any duties under section 93 (complaints procedure).

• (2) The regulator may revise or withdraw any issued guidance.

• (3) Where in any proceedings it is alleged that a person has contravened a provision mentioned in subsection (1)—

• (a) proof of a failure to comply with any applicable guidance may be relied on as tending to establish that there was such a contravention, and

• (b) proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such contravention.

• (4) In any proceedings, a document purporting to be guidance under this section is to be taken to be such guidance unless the contrary is proved.

• (5) Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State.

• (6) In this section any reference to a provision includes regulations made under the provision.

Cooperation and coordination

109

• (1) Subsection (2) applies if there is more than one accountable person for an occupied higher-risk building.

• (2) When carrying out their duties under, or under regulations made under, this Part, each accountable person must so far as possible—

• (a) cooperate with every other accountable person for the building, and

• (b) coordinate with every other accountable person for the building.

• (3) Subsection (4)applies to an accountable person for an occupied higher-risk building if there are one or more other persons who are responsible persons within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005 in relation to the building.

• (4) The accountable person must cooperate with each responsible person for the purpose of each responsible person carrying out their duties under the Order.

Managers appointed under Part 2 of the Landlord and Tenant Act 1987

110

• (1) Section 24 of the Landlord and Tenant Act 1987 (appointment of a manager by a tribunal) is amended as follows.

• (2) After subsection (2ZA) insert—

(2ZB) Subsection (2)(a) does not apply in respect of a breach of a building safety obligation by an accountable person for a higher-risk building. (2ZC) In this section— - “accountable person” has the meaning given in section 72 of the Building Safety Act 2022; - “building safety obligation” means an obligation of an accountable person under Part 4 of the Building Safety Act 2022 or regulations made under that Part; - “higher-risk building” has the meaning given in section 65 of the Building Safety Act 2022.

• (3) After subsection (2D) (inserted by paragraph 8(3) of Schedule 7) insert—

(2E) An order under this section may not provide for a manager to carry out a function in relation to a higher-risk building where Part 4 of the Building Safety Act 2022 or regulations made under that Part provide for that function to be carried out by an accountable person for that building.

Building safety directors of resident management companies

111

• (1) This section applies in relation to a resident management company that is an accountable person for a higher-risk building.

• (2) The articles of association of the resident management company have effect as if they included such provision as may be prescribed relating to—

• (a) eligibility for appointment as a director of the company, for a building safety purpose;

• (b) the appointment of a director for such a purpose;

• (c) the entitlement to remuneration of a director appointed for such a purpose;

• (d) the removal of a director so appointed.

• (3) Subsection (2) has effect—

• (a) whether or not the provision is adopted by the company;

• (b) whether the company was formed before or after the coming into force of this section;

• (c) notwithstanding anything in the company’s articles of association.

• (4) In this section—

• “building safety purpose” means the purpose of supporting the resident management company in complying with its duties under this Part or under regulations made under this Part;

• “resident management company” has the meaning given by regulations made by the Secretary of State.

Landlord and tenant etc

Implied terms in leases and recovery of safety related costs

112

• (1) The Landlord and Tenant Act 1985 is amended in accordance with subsections (2) to (6).

• (2) After section 30B insert—

(30C) (1) This section applies to a lease of premises which consist of or include a dwelling in a higher-risk building. (2) In the lease there is implied a covenant by the landlord— (a) where the landlord is an accountable person for the higher-risk building, to comply with their building safety duties; (b) to cooperate with any person in connection with a relevant person complying with their building safety duties; (c) where a special measures order in relation to the higher-risk building is in force, to comply with that order so far as it relates to the landlord. (3) In the lease there is implied a covenant by the tenant— (a) to allow the landlord, a relevant person or a person authorised in writing by the landlord or a relevant person to enter the premises for a relevant building safety purpose; (b) where the tenant is a resident of the higher-risk building, to comply with their duties under sections 95 and 97 of the Building Safety Act 2022; (c) where a special measures order in relation to the higher-risk building is in force, to comply with that order so far as it relates to the tenant. (4) In the covenant implied by subsection (2)(b), “cooperate”, in relation to a person, includes— (a) taking any steps which are reasonably required by the person to facilitate compliance by a relevant person with their building safety duties; (b) where the person is a relevant person (or a person authorised in writing by a relevant person), providing any information (including names and contact details of residents and tenants of the premises) to the person which is reasonably required in connection with the relevant person complying with their building safety duties. (5) In the covenant implied by subsection (3)(a), a relevant building safety purpose means— (a) inspecting the premises in connection with a relevant person complying with their building safety duties; (b) carrying out works to the premises, where such works are required to be carried out in connection with a relevant person complying with their building safety duties; (c) accessing a part of the higher-risk building that is not let to the tenant in order to— (i) inspect that part of the building in connection with a relevant person complying with their building safety duties; (ii) carry out works to that part of the building, where such works are required to be carried out in connection with a relevant person complying with their building safety duties. (6) The covenant implied by subsection (3)(a) requires entry to the premises to be allowed— (a) only at reasonable times, and (b) only if the tenant has been given at least 48 hours’ notice in writing. (7) Except as provided by subsection (8), the disclosure of information in accordance with subsections (2)(b) and (4)(b) does not breach— (a) any obligation of confidence owed by the landlord in relation to that information; (b) any other restriction on the disclosure of information (however imposed). (8) Subsections (2)(b) and (4)(b) do not require 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 duty imposed by subsections (2)(b) and (4)(b)). (9) In this section— - “building safety duties”— in relation to an accountable person, means any duties of the accountable person under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act; in relation to a special measures manager, means any duties of the manager included in the special measures order appointing the manager; - “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); - “relevant person” means— an accountable person for the higher-risk building; a special measures manager for the higher-risk building; - “resident” and “resident of a higher-risk building” have the same meaning as in Part 4 of the Building Safety Act 2022 (see section 71(3) and (4)(c) of that Act); - “works” includes alterations, improvements and installations. (30D) (1) This section applies to a relevant lease of premises which consist of or include a dwelling in a higher-risk building. (2) In this section “relevant lease”— (a) means a lease— (i) that is granted for a term certain of 7 years or more, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture, and (ii) under which the tenant is liable to pay a service charge (within the meaning of section 18), but (b) does not include a relevant social housing tenancy. (3) The relevant lease has effect— (a) as if the matters for which the service charge is payable under the lease included the taking of building safety measures by or on behalf of a relevant person (insofar as this would not otherwise be the case), and (b) where the lease contains different methods for apportioning different relevant costs (within the meaning of section 18), as if it provided for any costs for which the tenant is liable by virtue only of paragraph (a) to be apportioned in the same way as costs incurred in connection with insuring the building. (4) “Building safety measure” means any of the following— (a) applying for registration of a higher-risk building in accordance with section 78 of the Building Safety Act 2022; (b) applying for a building assessment certificate in accordance with section 79 of that Act; (c) displaying a building assessment certificate in accordance with section 82 of that Act; (d) assessing building safety risks in accordance with section 83 of that Act; (e) taking reasonable steps in accordance with section 84 of that Act (management of building safety risks), other than steps involving the carrying out of works as referred to in section 84(2); (f) preparing and revising a safety case report in accordance with section 85 of that Act; (g) notifying the regulator of a safety case report, and giving a copy of a safety case report to the regulator, in accordance with section 86 of that Act; (h) establishing and operating a mandatory occurrence reporting system, and giving information to the regulator, in accordance with section 87 of that Act; (i) keeping information and documents in accordance with section 88 of that Act; (j) giving information and documents to any person in accordance with section 89, 90 or 92 of that Act; (k) complying with any duty under section 91 of that Act (residents’ engagement strategy); (l) establishing and operating a system for the investigation of complaints in accordance with section 93 of that Act; (m) giving a contravention notice to a resident, and making an application to the county court, in accordance with section 96 of that Act; (n) making a request to enter premises, or making an application to the county court, in accordance with section 97 of that Act (access to premises). (5) For the purposes of this section any of the following incurred in connection with the taking of a building safety measure are to be regarded as incurred in taking the measure— (a) legal and other professional fees; (b) fees payable to the regulator; (c) management costs. (6) In this section— - “landlord” includes any person who has a right under the lease to enforce payment of a service charge (within the meaning of section 18); - “relevant person” means— if the landlord is an accountable person for the building, the landlord or a special measures manager for the building; otherwise, any superior landlord who is an accountable person for the building or a special measures manager for the building; - “relevant social housing tenancy” has the meaning given in section 132 of the Land Registration Act 2002; - “tenant” includes any person who has an obligation under the lease to pay a service charge (within the meaning of section 18). (7) The Secretary of State may by regulations made by statutory instrument amend subsection (4) so as to add, remove or modify a building safety measure. (8) The regulations may make incidental, transitional or saving provision. (9) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (30E) (1) This section applies to a lease of premises which consist of or include a dwelling in a higher-risk building if— (a) the landlord is an accountable person for the building, (b) the landlord is— (i) a resident management company within the meaning of section 111 of the Building Safety Act 2022, or (ii) an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage), and (c) the tenant is liable to pay a service charge. (2) The lease has effect— (a) as if it contained provision authorising the appointment of a person (whether or not a leaseholder or a resident of the building) as a director of the landlord for a building safety purpose, (b) as if the matters for which the service charge is payable under the lease included remunerating any director of the landlord appointed for a building safety purpose (insofar as this would not otherwise be the case), and (c) where the lease contains different methods for apportioning different relevant costs (within the meaning of section 18), as if it provided that any costs for which the tenant is liable by virtue only of paragraph (b) to be apportioned in the same way as costs incurred in connection with insuring the building. (3) In this section— - “building safety purpose” means the purpose of supporting the landlord in complying with its duties under Part 4 of the Building Safety Act 2022 or under regulations made under that Part; - “landlord” includes any person who has a right under the lease to enforce payment of a service charge; - “service charge” has the meaning given by section 18; - “tenant” includes any person who has an obligation under the lease to pay a service charge. (30F) (1) A covenant or agreement, whether contained in a lease to which section 30C (implied terms) applies or in an agreement collateral to such a lease, is void in so far as it purports— (a) to exclude or limit the obligations of the landlord or the tenant under section 30C, or (b) to authorise any forfeiture or impose on the tenant any penalty, disability or obligation in the event of the tenant enforcing or relying upon the obligations of the landlord. (2) A covenant or agreement, whether contained in a lease to which section 30D or 30E applies or in an agreement collateral to such a lease, is void insofar as it purports to modify the effect of section 30D(3) or 30E(2). (30G) The county court has jurisdiction to deal with any claim or other proceedings arising under or in connection with any of sections 30C to 30E (implied terms etc) notwithstanding that by reason of the amount of the claim or otherwise the case would not, apart from this section, be within the jurisdiction of the county court. (30H) In proceedings relating to a breach of a covenant in section 30C(2) or (3) (implied building safety terms), the court may order specific performance of the covenant— (a) notwithstanding any equitable rule restricting the scope of the remedy, whether on the basis of a lack of mutuality or otherwise, and (b) in the case of a breach of a covenant in section 30C(2) or (3)(b) or (c), whether or not the breach relates to a part of the higher-risk building let to the tenant. (30I) In sections 30C to 30H— - “accountable person” has the meaning given in section 115 of the Building Safety Act 2022; - “higher-risk building” has the meaning given in section 115 of that Act; - “lease” does not include a mortgage term; - “special measures manager” has the meaning given in paragraph 1 of Schedule 7 to the Building Safety Act 2022; - “special measures order” has the meaning given in paragraph 1 of Schedule 7 to that Act.

• (3) After section 20E (inserted by section 133) insert—

(20F) (1) This section applies in relation to a lease to which section 30D (higher-risk buildings: building safety costs) applies. (2) Excluded costs are not to be regarded as relevant costs to be taken into account in determining the amount of service charge payable by a tenant under the lease. (3) In this section “excluded costs” means any of the following incurred in connection with Part 4 of the Building Safety Act 2022 or regulations made under that Part— (a) costs incurred or to be incurred by or on behalf of a relevant person solely as a result of any penalty imposed or enforcement action taken by the regulator; (b) legal costs incurred or to be incurred by or on behalf of a relevant person in connection with special measures order proceedings; (c) costs incurred or to be incurred by or on behalf of a relevant person by reason of any negligence, breach of contract or unlawful act on the part of that relevant person or a person acting on their behalf; (d) costs of a description prescribed by regulations made by the Secretary of State that are incurred or to be incurred by or on behalf of an accountable person or special measures manager for the building in connection with the taking of building safety measures. (4) In this section— - “building safety measures” has the meaning given by section 30D; - “enforcement action” means action taken with a view to, or in connection with— securing compliance with Part 4 of the Building Safety Act 2022 or regulations made under that Part, or the imposition of a sanction in respect of a contravention of that Part or those regulations; - “the regulator” has the meaning given by section 115 of the Building Safety Act 2022; - “relevant person” means— where the landlord under the lease is an accountable person for the higher-risk building, the landlord or a special measures manager for the higher-risk building; where the landlord is not such an accountable person, any superior landlord who is an accountable person for the higher-risk building or a special measures manager for the higher-risk building; - “special measures order proceedings” means any proceedings relating to the making, variation or discharge of, or the giving of directions in relation to, a special measures order under Schedule 7 to the Building Safety Act 2022 (including any appeals in relation to such proceedings). (5) Regulations under this section are to be made by statutory instrument. (6) A power to make regulations includes power to make— (a) incidental, transitional or saving provision; (b) different provision for different purposes. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) In section 21 (service charge information) after subsection (6) insert—

(6A) In particular, regulations which make provision about higher-risk buildings (within the meaning of Part 4 of the Building Safety Act 2022) need not contain provision of a kind mentioned in subsection (2) or (3).

• (5) In section 30 (meaning of “landlord” and “tenant”)—

• (a) after the definition of “landlord” insert—

• “services” includes, in relation to a dwelling in a higher-risk building (as defined by section 30I), building safety measures within the meaning of section 30D;

;

• (b) in the heading for ““flat”, “landlord” and “tenant”” substitute ““landlord”, “tenant” etc”.

• (6) In section 32(1) (business tenancies), after the entry relating to section 17 insert—

• section 30C (implied terms relation to building safety),
• section 30D (building safety costs),
• section 30E (liability for remuneration of building safety director of resident management company etc).

• (7) In section 172(1)(a) of the Commonhold and Leasehold Reform Act 2002 (application to Crown)—

• (a) for “30B” substitute “30I”;

• (b) after “agents” insert “and building safety”.

Provision of building safety information

113

• (1) The Landlord and Tenant Act 1987 is amended in accordance with subsections (2) to (4).

• (2) After section 47 insert—

(47A) (1) Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk building, any written demand given to a tenant of the premises must contain the relevant building safety information. (2) Where— (a) a tenant of such premises is given such a demand, but (b) the demand does not contain the relevant building safety information, any part of the amount demanded which consists of a service charge or an administration charge (“the relevant amount”) is to be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord gives the relevant building safety information to the tenant. (3) But the relevant amount is not to be so treated in relation to any time when— (a) by virtue of an order of any court or tribunal there is in force an appointment of a receiver or manager whose functions include the receiving of service charges or administration charges from the tenant, or (b) a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force. (4) In this section— - “demand” has the meaning given in section 47; - “higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022; - “relevant building safety information” has the meaning given in section 49A.

• (3) After section 49 insert—

(49A) (1) Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk building, the landlord must give the tenant a notice containing the relevant building safety information. (2) Where a landlord fails to give a notice to a tenant in accordance with subsection (1), any rent, service charge or administration charge otherwise due from the tenant to the landlord is to be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord gives the notice to the tenant. (3) But any such rent, service charge or administration charge is not to be so treated in relation to any time when— (a) by virtue of an order of any court or tribunal there is in force an appointment of a receiver or manager whose functions include the receiving of rent, service charges or administration charges from the tenant, or (b) a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force. (4) The requirement to give a notice to a tenant under subsection (1) may be satisfied by giving the notice to them at a time when they are a prospective tenant. (5) In this section “relevant building safety information” means— (a) the fact that the premises consist of or include a dwelling in a higher-risk building; (b) the name of each person listed in subsection (6); (c) an email address and telephone number through which each person listed in subsection (6) may be contacted; (d) a postal address in England and Wales at which notices (including notices in proceedings) may be served by the tenant on the principal accountable person for the higher-risk building; (e) a postal address for the regulator; (f) such other information as may be prescribed in regulations made by the Secretary of State. (6) The persons are— (a) the principal accountable person for the higher-risk building; (b) any special measures manager for the higher-risk building; (c) the regulator. (7) In this section— - “higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022; - “principal accountable person” has the meaning given in section 115 of that Act; - “the regulator” has the meaning given in section 115 of that Act; - “special measures manager” has the meaning given in paragraph 1 of Schedule 7 to that Act.

• (4) In section 53(2)(b) (regulations and orders), after “42A” insert “or 49A”.

• (5) In section 172(1)(d) of the Commonhold and Leasehold Reform Act 2002 (application to Crown), for “49” substitute “49A”.

Commonholds

114

• (1) The Commonhold and Leasehold Reform Act 2002 is amended as follows.

• (2) In section 13(3) (joint unit-holders), after paragraph (fa) insert—

(faa) section 38A(1),

.

• (3) In section 14 (use and maintenance)—

• (a) in the heading, for “and maintenance” substitute “, maintenance and building safety”;

• (b) after subsection (3) insert—

(4) A commonhold community statement for a higher-risk commonhold must make provision requiring the commonhold association to comply with its duties under Part 4 of the Building Safety Act 2022, or regulations made under that Part of the Act, in relation to each commonhold unit.

• (4) In section 26 (use and maintenance)—

• (a) in the heading, for “and maintenance” substitute “, maintenance and building safety”;

• (b) the existing subsection becomes subsection (1);

• (c) after that subsection insert—

(2) A commonhold community statement for a higher-risk commonhold must make provision requiring the commonhold association to comply with its duties under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act, in relation to the common parts.

• (5) In section 31(5) (form and content of commonhold community statement), after paragraph (d) insert—

(da) to give information; (db) to apply for grants or other funding;

.

• (6) In section 32(5)(a) (regulations), after “38,” insert “38A,”.

• (7) In section 38 (commonhold assessment), after subsection (2) insert—

(3) In subsection (1)(a) “expenses of the association” does not include building safety expenses of the association (within the meaning of section 38A).

• (8) After section 38 insert—

(38A) (1) A commonhold community statement for a higher-risk commonhold must make provision— (a) requiring the directors of the commonhold association to make an annual estimate of the income required to be raised from unit-holders to meet the building safety expenses of the association, (b) enabling the directors of the commonhold association to make estimates from time to time of income required to be raised from unit-holders in addition to the annual estimate, (c) specifying the percentage of any estimate made under paragraph (a) or (b) which is to be allocated to each unit, (d) requiring each unit-holder to make payments in respect of the percentage of any estimate which is allocated to their unit, and (e) requiring the directors of the commonhold association to serve notices on unit-holders specifying payments required to be made by them and the date on which each payment is due. (2) For the purpose of subsection (1)(c)— (a) the percentages allocated by a commonhold community statement to the commonhold units must amount in aggregate to 100; (b) a commonhold community statement may specify 0 per cent in relation to a unit. (3) In this section— - “building safety expenses of the association” means the expenses incurred by the commonhold association or special measures manager for the higher-risk building in connection with taking measures that the association or manager is required or permitted to take under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act; - “special measures manager” means a person appointed under paragraph 4 of Schedule 7 to the Building Safety Act 2022.

• (9) In section 69(1) (interpretation), before the definition of “instrument” insert—

• “higher-risk building” has the meaning given by section 115 of the Building Safety Act 2022,
• “higher-risk commonhold” means a commonhold in England that includes all or any part of a higher-risk building,

.

Interpretation

Interpretation of Part 4

115

In this Part—

• “accountable person” has the meaning given by section 72;

• “building safety risk” has the meaning given by section 62;

• “compliance notice” has the same meaning as in section 99;

• “contravention” includes a failure to comply;

• “the data protection legislation” has the meaning given by section 30;

• “fire and rescue authority” has the meaning given by section 30;

• “higher-risk building” has the meaning given by section 65;

• “local authority” has the meaning given by section 30;

• “long lease” means— a lease granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture, or a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease;

• “major incident” has the meaning given by section 63;

• “maximum summary term for either-way offences” has the meaning given by section 30;

• “occupied”: any reference to an “occupied” higher-risk building is to be read in accordance with section 71;

• “owner” means the person— for the time being receiving the rackrent of the premises in question, whether on the person’s own account or as agent or trustee for another person, or who would so receive it if those premises were let at a rackrent; and for this purpose “rackrent” has the meaning given by section 126 of the Building Act 1984;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “principal accountable person” has the meaning given by section 73;

• “registered provider of social housing” has the meaning given by section 80 of the Housing and Regeneration Act 2008;

• “the regulator” has the meaning given by section 2;

• “resident” and “resident of a higher-risk building” have the meaning given by section 71;

• “residential unit” means— a dwelling, or any other unit of living accommodation;

• “responsible”: any reference to the part of a higher-risk building for which an accountable person is responsible is to be read in accordance with section 74;

• “special measures manager” has the meaning given by paragraph 1 of Schedule 7;

• “special measures order” has the meaning given by paragraph 1 of Schedule 7;

• “the tribunal” means the First-tier Tribunal.

Part 5 — Other provision about safety, standards etc

Remediation of certain defects

Remediation of certain defects

116

• (1) Sections 117 to 124 and Schedule 8 make provision in connection with the remediation of relevant defects in relevant buildings.

• (2) In those sections—

• (a) sections 117 to 121 define “relevant building”, “qualifying lease”, “the qualifying time”, “relevant defect” and “associate”;

• (b) section 122 and Schedule 8 contain protections for tenants in respect of costs connected with relevant defects, and impose liabilities on certain landlords;

• (c) section 123 makes provision about remediation orders, under which a landlord in a relevant building is required to remedy certain relevant defects;

• (d) section 124 makes provision about remediation contribution orders, under which an associate of a landlord in a relevant building is required to contribute towards the costs of remedying certain relevant defects;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “relevant building”

117

• (1) This section applies for the purposes of sections 119 to 124 and Schedule 8.

• (2) “Relevant building” means a self-contained building, or self-contained part of a building, in England that contains at least two dwellings and—

• (a) is at least 11 metres high, or

• (b) has at least 5 storeys.

This is subject to subsection (3).

• (3) “Relevant building” does not include a self-contained building or self-contained part of a building—

• (a) in relation to which a right under Part 1 of the Landlord and Tenant Act 1987 (tenants’ right of first refusal) or Part 3 of that Act (compulsory acquisition by tenants of landlord’s interest) has been exercised,

• (b) in relation to which the right to collective enfranchisement (within the meaning of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993) has been exercised,

• (c) if the freehold estate in the building or part of the building is leaseholder owned (within the meaning of regulations made by the Secretary of State), or

• (d) which is on commonhold land.

• (4) For the purposes of this section a building is “self-contained” if it is structurally detached.

• (5) For the purposes of this section a part of a building is “self-contained” if—

• (a) the part constitutes a vertical division of the building,

• (b) the structure of the building is such that the part could be redeveloped independently of the remainder of the building, and

• (c) the relevant services provided for occupiers of that part—

• (i) are provided independently of the relevant services provided for occupiers of the remainder of the building, or

• (ii) could be so provided without involving the carrying out of any works likely to result in a significant interruption in the provision of any such services for occupiers of the remainder of the building.

• (6) In subsection (5) “relevant services” means services provided by means of pipes, cables or other fixed installations.

Section 117: height of buildings and number of storeys

118

• (1) This section applies for the purpose of section 117.

• (2) The height of a building is to be measured from ground level to the finished surface of the floor of the top storey of the building (ignoring any storey which is a roof-top machinery or plant area or consists exclusively of machinery or plant rooms).

• (3) When determining the number of storeys in a building—

• (a) any storey below ground level is to be disregarded;

• (b) any mezzanine floor is to be regarded as a storey if its internal floor area is at least half of the internal floor area of the largest storey in the building which is not below ground level.

• (4) In subsection (2) “ground level”, in relation to a building, means—

• (a) the level of the surface of the ground immediately adjacent to the building, or

• (b) where the level of the surface of the ground on which the building is situated is not uniform, the level of the lowest part of the surface of the ground immediately adjacent to it.

• (5) For the purposes of subsection (3) a storey is “below ground level” if any part of the finished surface of the ceiling of the storey is below the level of the surface of the ground immediately adjacent to that part of the building.

Meaning of “qualifying lease” and “the qualifying time”

119

• (1) This section applies for the purposes of sections 122 to 124 and Schedule 8.

• (2) A lease is a “qualifying lease” if—

• (a) it is a long lease of a single dwelling in a relevant building,

• (b) the tenant under the lease is liable to pay a service charge,

• (c) the lease was granted before 14 February 2022, and

• (d) at the beginning of 14 February 2022 (“the qualifying time”)—

• (i) the dwelling was a relevant tenant’s only or principal home,

• (ii) a relevant tenant did not own any other dwelling in the United Kingdom, or

• (iii) a relevant tenant owned no more than two dwellings in the United Kingdom apart from their interest under the lease.

• (3) Where a dwelling was at the qualifying time let under two or more leases to which subsection (2)(a) and (b) apply, any of those leases which is superior to any of the other leases is not a “qualifying lease”.

• (3A) A connected replacement lease (see section 119A) is also a “qualifying lease”.

• (4) For the purposes of this section—

• (a) “long lease” means a lease granted for a term of years certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise;

• (b) a person “owns” a dwelling in England, Wales or Northern Ireland if the person has a freehold interest in it or is a tenant under a long lease of it;

• (c) “relevant tenant” means a person who, at the qualifying time, was the tenant, or any of the tenants, under the lease mentioned in subsection (2);

• (d) “service charge” has the meaning given by section 18 of the Landlord and Tenant Act 1985.

Meaning of “relevant defect”

120

• (1) This section applies for the purposes of sections 122 to 124 and Schedule 8.

• (2) “Relevant defect”, in relation to a building, means a defect as regards the building that—

• (a) arises as a result of anything done (or not done), or anything used (or not used), in connection with relevant works, and

• (b) causes a building safety risk.

• (3) In subsection (2) “relevant works” means any of the following—

• (a) works relating to the construction or conversion of the building, if the construction or conversion was completed in the relevant period;

• (b) works undertaken or commissioned by or on behalf of a relevant landlord or management company, if the works were completed in the relevant period;

• (c) works undertaken after the end of the relevant period to remedy a relevant defect (including a defect that is a relevant defect by virtue of this paragraph).

“The relevant period” here means the period of 30 years ending with the time this section comes into force.

• (4) In subsection (2) the reference to anything done (or not done) in connection with relevant works includes anything done (or not done) in the provision of professional services in connection with such works.

• (4A) “Relevant steps”, in relation to a relevant defect, means steps which have as their purpose—

• (a) preventing or reducing the likelihood of a fire or collapse of the building (or any part of it) occurring as a result of the relevant defect,

• (b) reducing the severity of any such incident, or

• (c) preventing or reducing harm to people in or about the building that could result from such an incident.

• (5) For the purposes of this section—

• “building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from—the spread of fire, orthe collapse of the building or any part of it;

• “conversion” means the conversion of the building for use (wholly or partly) for residential purposes;

• “relevant landlord or management company” means a landlord under a lease of the building or any part of it or any person who is party to such a lease otherwise than as landlord or tenant.

Associated persons

121

• (1) For the purposes of sections 122 to 124 and Schedule 8, a partnership or body corporate is associated with another person in the circumstances mentioned in subsections (2) to (5).

• (2) Where a person’s interest in a relevant building was held on trust at the qualifying time, any partnership or body corporate which was a beneficiary of the trust at that time is to be regarded, for the purposes of the provisions mentioned in subsection (1) as they apply in relation to the relevant building, as associated with the person.

• (3) A partnership is associated with any person who was a partner in the partnership, other than a limited partner, at any time in the period of 5 years ending at the qualifying time (“the relevant period”).

• (4) A body corporate is associated with any person who was a director of the body corporate at any time in the relevant period.

• (5) A body corporate is associated with another body corporate if—

• (a) at any time in the relevant period a person was a director of both of them, or

• (b) at the qualifying time, one of them controlled the other or a third body corporate controlled both of them.

Subsections (6) to (8) set out the cases in which a body corporate is regarded as controlling another body corporate.

• (6) A body corporate (X) controls a company (Y) if X possesses or is entitled to acquire—

• (a) at least half of the issued share capital of Y,

• (b) such rights as would entitle X to exercise at least half of the votes exercisable in general meetings of Y,

• (c) such part of the issued share capital of Y as would entitle X to at least half of the amount distributed, if the whole of the income of Y were in fact distributed among the shareholders, or

• (d) such rights as would, in the event of the winding up of Y or in any other circumstances, entitle it to receive at least half of the assets of Y which would then be available for distribution among the shareholders.

• (7) A body corporate (X) controls a limited liability partnership (Y) if X—

• (a) holds a majority of the voting rights in Y,

• (b) is a member of Y and has a right to appoint or remove a majority of other members, or

• (c) is a member of Y and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in Y.

• (8) A body corporate (X) controls another body corporate (Y) if X has the power, directly or indirectly, to secure that the affairs of Y are conducted in accordance with X’s wishes.

• (9) In subsection (7) a reference to “voting rights” is to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.

• (10) In determining whether one body corporate (X) controls another, X is treated as possessing—

• (a) any rights and powers possessed by a person as nominee for it, and

• (b) any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).

• (11) In this section “partnership” means—

• (a) a partnership within the meaning of the Partnership Act 1890, or

• (b) a limited partnership registered under the Limited Partnerships Act 1907,

or a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom (and the reference to “limited partner” is to be read accordingly).

• (12) The Secretary of State may by regulations provide that, in relation to a prescribed reference in a provision mentioned in subsection (1) to anyone associated with another person, subsections (2) to (5) have effect with prescribed modifications.

Remediation costs under qualifying leases etc

122

Schedule 8—

• (a) provides that certain service charge amounts relating to relevant defects in a relevant building are not payable, and

• (b) makes provision for the recovery of those amounts from persons who are landlords under leases of the building (or any part of it).

Remediation orders

123

• (1) The Secretary of State may by regulations make provision for and in connection with remediation orders.

• (2) A “remediation order” is an order, made by the First-tier Tribunal on the application of an interested person, requiring a relevant landlord to do one or both of the following by a specified time—

• (a) remedy specified relevant defects in a specified relevant building;

• (b) take specified relevant steps in relation to a specified relevant defect in a specified relevant building.

• (3) In this section “relevant landlord”, in relation to a relevant defect in a relevant building, means a landlord under a lease of the building or any part of it who is required, under the lease or by virtue of an enactment, to repair or maintain anything relating to the relevant defect.

• (4) In subsection (3) the reference to a landlord under a lease includes any person who is party to the lease otherwise than as landlord or tenant.

• (5) In this section “interested person”, in relation to a relevant building, means—

• (a) the regulator (as defined by section 2),

• (b) a local authority (as defined by section 30) for the area in which the relevant building is situated,

• (c) a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated,

• (d) a person with a legal or equitable interest in the relevant building or any part of it, or

• (e) any other person prescribed by the regulations.

• (6) In this section—

• “relevant building”: see section 117;

• “relevant defect”: see section 120;

• “relevant steps”: see section 120;

• “specified” means specified in the order.

• (7) A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this section (other than one ordering the payment of a sum) is enforceable with the permission of the county court in the same way as an order of that court.

• (8) In proceedings for a remediation order, a direction given by the First-tier Tribunal requiring a relevant landlord to provide or produce an expert report is to be regarded as a decision for the purposes of subsection (7).

• (9) In subsection (8), “expert report” means an expert report or survey relating to—

• (a) relevant defects, or potential relevant defects, in a relevant building;

• (b) relevant steps taken or that might be taken in relation to a relevant defect in a relevant building.

Remediation contribution orders

124

• (1) The First-tier Tribunal may, on the application of an interested person, make a remediation contribution order in relation to a relevant building if it considers it just and equitable to do so.

• (2) “Remediation contribution order”, in relation to a relevant building, means an order requiring a specified body corporate or partnership to make payments to a specified person, for the purpose of meeting costs incurred or to be incurred in remedying , or otherwise in connection with, relevant defects (or specified relevant defects) relating to the relevant building.

• (2A) The following descriptions of costs, among others, fall within subsection (2)—

• (a) costs incurred or to be incurred in taking relevant steps in relation to a relevant defect in the relevant building;

• (b) costs incurred or to be incurred in obtaining an expert report relating to the relevant building;

• (c) temporary accommodation costs incurred or to be incurred in connection with a decant from the relevant building (or from part of it) that took place or is to take place—

• (i) to avoid an imminent threat to life or of personal injury arising from a relevant defect in the building,

• (ii) (in the case of a decant from a dwelling) because works relating to the building created or are expected to create circumstances in which those occupying the dwelling cannot reasonably be expected to live, or

• (iii) for any other reason connected with relevant defects in the building, or works relating to the building, that is prescribed by regulations made by the Secretary of State.

• (2B) The Secretary of State may make regulations for the purposes of this section specifying descriptions of costs which are, or are not, to be regarded as falling within subsection (2).

• (3) A body corporate or partnership may be specified as a person required to make payments only if it is—

• (a) a landlord under a lease of the relevant building or any part of it,

• (b) a person who was such a landlord at the qualifying time,

• (c) a developer in relation to the relevant building, or

• (d) a person associated with a person within any of paragraphs (a) to (c).

• (4) An order may—

• (a) require the making of payments of a specified amount, ...;

• (aa) if it does not require the making of payments of a specified amount, determine that a specified body corporate or partnership is liable for the reasonable costs of specified things done or to be done;

• (b) require a payment to be made at a specified time, or to be made on demand following the occurrence of a specified event.

• (5) In this section—

• “associated”: see section 121;

• “developer”, in relation to a relevant building, means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;

• “expert report” has the meaning given by section 123(9);

• “interested person”, in relation to a relevant building, means—the Secretary of State,the regulator (as defined by section 2),a local authority (as defined by section 30) for the area in which the relevant building is situated,a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated,a person with a legal or equitable interest in the relevant building or any part of it, orany other person prescribed by regulations made by the Secretary of State;

• “partnership” has the meaning given by section 121;

• “relevant building”: see section 117;

• “relevant defect”: see section 120;

• “relevant steps”: see section 120;

• “specified” means specified in the order.

• “temporary accommodation costs”, in relation to a decant from a relevant building, means—the costs of the temporary accommodation, andother costs resulting from the decant, including removal costs, storage costs and reasonable travel costs;

• “works” means works—to remedy a relevant defect in a relevant building, orin connection with the taking of relevant steps in relation to such a defect.

• (6) The Secretary of State may by regulations provide that this section applies, with or without modifications, in relation to a building that would, but for section 117(3), be a relevant building.

Meeting remediation costs of insolvent landlord

125

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Building industry schemes

Building industry schemes

126

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

• (a) establish a scheme to be maintained by the Secretary of State, or a person designated by the Secretary of State and acting on the Secretary of State’s behalf, and

• (b) make provision about the scheme.

• (2) A scheme may be established for any purpose connected with—

• (a) securing the safety of people in or about buildings in relation to risks arising from buildings, or

• (b) improving the standard of buildings,

including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.

• (3) Regulations that establish a scheme must prescribe—

• (a) the descriptions of persons in the building industry who may be members of the scheme (“eligible persons”), and

• (b) the conditions that an eligible person must meet in order to become, and remain, a member of the scheme (“membership conditions”),

and may provide for different categories of membership.

• (4) The membership conditions that may be prescribed include in particular conditions relating to—

• (a) the remedying of defects in buildings with which an eligible person has a connection of a prescribed kind;

• (b) the making of financial contributions towards meeting costs associated with remedying defects in buildings (including buildings with which an eligible person has no connection);

• (c) the use (or use in prescribed cases) of construction products (or construction products of a prescribed description) of prescribed persons carrying out activities in relation to construction products;

• (d) the provision of information to the Secretary of State or any other person;

• (e) the competence or conduct of any individual connected with an eligible person (for example, any director or senior manager of an eligible person) or any person with whom an eligible person contracts;

• (f) whether persons with whom an eligible person contracts are members of a scheme.

In paragraph (e) “conduct” includes conduct occurring before the coming into force of this section.

• (5) The descriptions of persons prescribed by virtue of subsection (4)(c) may in particular be prescribed by reference to—

• (a) being eligible to be members of a scheme and not being members of that scheme;

• (b) their conduct in relation to remedying defects in buildings or contributing to costs associated with remedying defects in buildings.

• (6) The membership conditions that may be prescribed by virtue of subsection (4)(c) include in particular a condition requiring an eligible person to ensure that no prescribed product of prescribed persons carrying out activities in relation to construction products is used in prescribed cases.

• (7) The Secretary of State must ensure that a list of members of a scheme is kept and published (and may publish a list of persons who are eligible persons but are not members of a scheme).

• (8) Regulations may make provision about the keeping and publication of other lists.

Building industry schemes: supplementary

127

• (1) This section supplements section 126.

• (2) Regulations may make provision about—

• (a) applications for membership of a scheme;

• (b) renewal of membership at prescribed intervals;

• (c) termination of a person’s membership;

• (d) the suspension of a person from membership.

• (3) Regulations may provide for the charging of fees, in connection with—

• (a) an application for membership;

• (b) renewal of membership;

• (c) a review;

• (d) any other prescribed matter.

• (4) Regulations may provide for membership conditions to be framed by reference to—

• (a) standards, or a document, from time to time published by any person;

• (b) the opinion of the Secretary of State, or a designated person, in relation to any matter.

• (5) Regulations may make provision about the determination of disputes.

• (6) Regulations may make provision about the termination of a scheme.

• (7) In section 126 and this section—

• “building” means a building in England;

• “building industry”: a reference to persons in the building industry is to persons carrying on, for business purposes, activities connected with the design, construction, management or maintenance of buildings, including persons carrying out activities in relation to construction products in England;

• “construction product” has the meaning given by regulations;

• “persons carrying out activities in relation to construction products” include (without limitation)—a manufacturer of construction products,a person who markets or supplies construction products to others, anda person who imports construction products into the United Kingdom for use, marketing or supply;

• “prescribed” means prescribed by the regulations;

• “regulations” means regulations under section 126;

• “scheme” means a scheme established under section 126;

• “standard” (except in subsection (4) of this section) is to be read in accordance with section 30.

Prohibitions on development and building control

Prohibition on development for prescribed persons

128

• (1) The Secretary of State may by regulations prohibit a person of a prescribed description from carrying out development of land in England (or a prescribed description of such development).

• (2) The descriptions of persons which may be prescribed include in particular persons who—

• (a) are eligible to be members of a scheme established under section 126, and

• (b) are not members of that scheme.

• (3) A prohibition under the regulations may be imposed for any purpose connected with—

• (a) securing the safety of people in or about buildings in relation to risks arising from buildings, or

• (b) improving the standard of buildings,

including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.

• (4) A prohibition under the regulations applies despite planning permission (or any prescribed description of planning permission) having been granted.

• (5) The regulations may provide that, in prescribed cases, no prescribed certificate under the 1990 Act may be granted (and any purported grant is of no effect).

• (6) The regulations may require a person of a prescribed description to give a notification relating to development (and may make provision about the content and form of a notification and the way in which it is to be given).

• (7) The regulations may contain exceptions.

• (8) The regulations may make provision about enforcement, including in particular provision applying (with or without modifications), in relation to a breach of the regulations, any provision of Part 7 of the 1990 Act (enforcement).

• (9) For the purposes of this section—

• (a) “the 1990 Act” means the Town and Country Planning Act 1990;

• (b) “building” means a building in England;

• (c) “development” has the meaning given by section 55 of the 1990 Act;

• (d) “planning permission” has the meaning given by section 336 of the 1990 Act;

• (e) “prescribed” means prescribed by regulations under this section;

• (f) “standard” is to be read in accordance with section 30.

Building control prohibitions

129

• (1) The Secretary of State may by regulations impose a building control prohibition, as regards buildings or proposed buildings, in relation to persons of a prescribed description.

• (2) The descriptions of persons which may be prescribed include in particular persons who—

• (a) are eligible to be members of a scheme established under section 126, and

• (b) are not members of that scheme.

• (3) A building control prohibition may be imposed for any purpose connected with—

• (a) securing the safety of people in or about buildings in relation to risks arising from buildings, or

• (b) improving the standard of buildings,

including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.

• (4) A “building control prohibition”, in relation to a person, prohibits—

• (a) the person from applying for building control approval or from depositing plans,

• (b) the person from giving an initial notice (whether or not jointly with anyone else) or a public body’s notice, public body’s plans certificate or public body’s final certificate,

• (c) the granting of building control approval to the person,

• (d) the passing of plans deposited by the person,

• (e) the acceptance of an initial notice given by the person (whether or not jointly with anyone else) or a public body’s notice, public body’s plans certificate or public body’s final certificate given by the person,

• (f) the giving of a final certificate in relation to works carried out by the person,

• (g) the person from giving a prescribed document,

• (h) the giving of a prescribed document to the person or in respect of works carried out by the person, or

• (i) the acceptance of any prescribed document given by the person or in respect of works carried out by the person.

• (5) A building control prohibition applies despite any provision made by or under the Building Act 1984.

• (6) The regulations may contain exceptions.

• (7) The regulations may provide that anything done in contravention of the regulations is of no effect.

• (8) Any reference in this section to a building or proposed building is to a building or proposed building in England.

• (9) In this section—

• “building” and “building control approval”, and references to the deposit and passing of plans, are to be read in accordance with Part 1 of the Building Act 1984;

• “initial notice”, “final certificate”, “public body’s notice”, “public body’s plans certificate” and “public body’s final certificate” have the same meaning as in Part 2 of that Act;

• “prescribed” means prescribed by regulations under this section;

• “standard” is to be read in accordance with section 30.

Building liability orders

Building liability orders

130

• (1) The High Court may make a building liability order if it considers it just and equitable to do so.

• (2) A “building liability order” is an order providing that any relevant liability (or any relevant liability of a specified description) of a body corporate (“the original body”) relating to a specified building is also—

• (a) a liability of a specified body corporate, or

• (b) a joint and several liability of two or more specified bodies corporate.

• (3) In this section “relevant liability” means a liability (whether arising before or after commencement) that is incurred—

• (a) under the Defective Premises Act 1972 or section 38 of the Building Act 1984, or

• (b) as a result of a building safety risk.

• (4) A body corporate may be specified only if it is, or has at any time in the relevant period been, associated with the original body.

• (5) A building liability order—

• (a) may be made in respect of a liability of a body corporate that has been dissolved (including where dissolution occurred before commencement);

• (b) continues to have effect even if the body corporate is dissolved after the making of the order.

• (6) In this section—

• “associate”: see section 131;

• “building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from the spread of fire or structural failure;

• “commencement” means the time this section comes into force;

• “the relevant period” means the period—beginning with the beginning of the carrying out of the works in relation to which the relevant liability was incurred, andending with the making of the order;

• “specified” means specified in the building liability order.

Building liability orders: associates

131

• (1) For the purposes of section 130, a body corporate (A) is associated with another body corporate (B) if—

• (a) one of them controls the other, or

• (b) a third body corporate controls both of them.

Subsections (2) to (4) set out the cases in which a body corporate is regarded as controlling another body corporate.

• (2) A body corporate (X) controls a company (Y) if X possesses or is entitled to acquire—

• (a) at least half of the issued share capital of Y,

• (b) such rights as would entitle X to exercise at least half of the votes exercisable in general meetings of Y,

• (c) such part of the issued share capital of Y as would entitle X to at least half of the amount distributed, if the whole of the income of Y were in fact distributed among the shareholders, or

• (d) such rights as would, in the event of the winding up of Y or in any other circumstances, entitle it to receive at least half of the assets of Y which would then be available for distribution among the shareholders.

• (3) A body corporate (X) controls a limited liability partnership (Y) if X—

• (a) holds a majority of the voting rights in Y,

• (b) is a member of Y and has a right to appoint or remove a majority of other members, or

• (c) is a member of Y and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in Y.

• (4) A body corporate (X) controls another body corporate (Y) if X has the power, directly or indirectly, to secure that the affairs of Y are conducted in accordance with X’s wishes.

• (5) In subsection (3) a reference to “voting rights” is to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.

• (6) In determining under any of subsections (2) to (4) whether one body corporate (X) controls another, X is treated as possessing—

• (a) any rights and powers possessed by a person as nominee for it, and

• (b) any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).

• (7) For the purposes of section 130 as it applies in relation to a building, where a person’s interest in the building is held on trust, a body corporate which is a beneficiary of the trust is to be regarded as associated with the person.

Order for information in connection with building liability order

132

• (1) A person of a prescribed description may apply to the High Court for an information order.