Building Safety Act 2022

• (d) the provision of information, including information about risk, to persons to whom products are supplied;

• (e) the monitoring, assessment and verification of product performance, including sample testing;

• (f) the storage and transportation of products;

• (g) the taking of corrective action, including withdrawal of products from the market and recall of products from persons to whom they have been supplied;

• (h) recording and investigating complaints;

• (i) the production and retention of documentation or samples;

• (j) the notification of risks to relevant authorities;

• (k) information which must or may be provided to relevant authorities;

• (l) co-operation with relevant authorities;

• (m) the appointment of authorised representatives by persons carrying out activities in relation to construction products.

• (2) Provision about declarations of performance under sub-paragraph (1)(a) may include provision as to—

• (a) the technical documentation to be prepared in relation to a declaration of performance;

• (b) the content of a declaration of performance;

• (c) the form of a declaration of performance;

• (d) how a declaration of performance is to be supplied or made available.

• (3) Provision about the marking of products under sub-paragraph (1)(c) may include provision as to—

• (a) the form and content of any marking;

• (b) circumstances in which products must or must not be marked.

• (4) Provision about the monitoring, assessment and verification of product performance under sub-paragraph (1)(e) may include provision as to—

• (a) the carrying out of testing and other tasks by approved bodies;

• (b) when and how a body may become or cease to be an approved body;

• (c) the assessment and monitoring of approved bodies.

• (5) Requirements which may be imposed on persons carrying out activities in relation to construction products under paragraph 6(a) may also be imposed on the authorised representatives of such persons.

8

• (1) Provision under paragraph 6(b) (conferral of powers) may include provision conferring powers on a relevant authority to impose requirements on persons carrying out activities in relation to construction products in circumstances where—

• (a) there has been no failure to comply with requirements imposed under paragraph 6(a), but

• (b) in the view of the relevant authority the products nevertheless risk causing death or serious injury to any person.

• (2) The powers referred to in sub-paragraph (1) may include powers by notice to—

• (a) require a person to warn others of the risks attaching to a product;

• (b) require the marking of a product in respect of the risks attaching to it;

• (c) suspend for a specified period or prohibit the marketing or supply of a product (or suspend or prohibit the marketing and supply of the product without the consent of a specified person);

• (d) require the withdrawal of a product from the market;

• (e) require the recall of a product from persons to whom it has been supplied.

• (3) Provision under sub-paragraph (2) may include provision for appeals against a notice.

9

Construction products regulations may include any provision—

• (a) which is made in the 2011 Regulation or the 2019 or 2020 Regulations immediately after IP completion day, or

• (b) which relates to any matter in respect of which provision is made in that Regulation or those Regulations immediately after that time.

Safety-critical products

10

• (1) For the purposes of this Schedule, “safety-critical products” means construction products which are included in a list contained in construction products regulations.

• (2) A construction product may only be included in a list under sub-paragraph (1) if—

• (a) in the view of the Secretary of State any failure of the product would risk causing death or serious injury to any person, and

• (b) the product is not one for which there are—

• (i) designated standards under paragraph 3(a), or

• (ii) standards which are designated standards for the purposes of the 2011 Regulation.

• (3) Before including a construction product in the list, or amending the list, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

11

• (1) Construction products regulations may make provision for and in relation to standards for safety-critical products (“safety-critical standards”).

• (2) Provision under sub-paragraph (1) may include provision as to—

• (a) the persons by whom safety-critical standards may be proposed;

• (b) the procedure by which and persons by whom safety-critical standards are to be prepared;

• (c) the matters to be covered by a safety-critical standard.

12

Construction products regulations may—

• (a) impose requirements on persons carrying out activities in relation to safety-critical products for which there are safety-critical standards under the regulations (see paragraph 13);

• (b) confer powers on relevant authorities to impose requirements on such persons (see paragraph 14).

13

Provision under paragraph 12(a) (imposition of requirements) may include any provision referred to in paragraph 7.

14

• (1) Provision under paragraph 12(b) (conferral of powers) may include provision conferring powers on a relevant authority to impose requirements on persons carrying out activities in relation to construction products in circumstances where—

• (a) there has been no failure to comply with requirements imposed under paragraph 12(a), but

• (b) in the view of the relevant authority the products nevertheless risk causing death or serious injury to any person.

• (2) The powers referred to in sub-paragraph (1) include powers by notice to—

• (a) require a person to warn others of the risks attaching to a product;

• (b) require the marking of a product in respect of the risks attaching to it;

• (c) suspend for a specified period or prohibit the marketing or supply of a product (or suspend or prohibit the marketing and supply of the product without the consent of a specified person);

• (d) require the withdrawal of a product from the market;

• (e) require the recall of a product from persons to whom it has been supplied.

• (3) Provision under sub-paragraph (2) may include provision for appeals against a notice.

Enforcement

15

• (1) Construction products regulations may make provision for and in relation to—

• (a) monitoring compliance with construction product requirements and investigating suspected non-compliance;

• (b) securing compliance with construction product requirements;

• (c) sanctions for—

• (i) non-compliance or suspected non-compliance with construction product requirements;

• (ii) obstruction of, failure to assist or co-operate with, or provision of false or misleading information to, persons carrying out construction product functions.

• (2) Provision under sub-paragraph (1)(a) may include—

• (a) provision for relevant authorities to carry out, or secure the carrying out of, market surveillance and test purchases;

• (b) provision for relevant authorities to enter, inspect and search premises and to seize and retain products or evidence of non-compliance with construction product requirements (including provision for the payment of compensation);

• (c) provision requiring the retention and provision of information (including provision for relevant authorities to require the provision of information to them).

• (3) Provision under sub-paragraph (1)(b) may include provision conferring powers on a relevant authority by notice to—

• (a) require a person to warn others of the risks attaching to a product;

• (b) require the marking of a product in respect of the risks attaching to it;

• (c) suspend for a specified period or prohibit the marketing or supply of a product (or suspend or prohibit the marketing and supply of the product without the consent of a specified person);

• (d) require the withdrawal of a product from the market;

• (e) require the recall of a product from persons to whom it has been supplied;

• (f) require a person to do or cease to do anything so as to end non-compliance or suspected non-compliance with construction product requirements.

• (4) Provision under sub-paragraph (1)(b) may also include—

• (a) provision for—

• (i) a relevant authority to accept undertakings relating to compliance with construction product requirements instead of taking other enforcement action;

• (ii) sanctions for non-compliance or suspected non-compliance with such undertakings;

• (b) provision for the forfeiture of products by court order (or, in Scotland, order of the sheriff).

• (5) Provision under sub-paragraph (1)(c) or (4)(a)(ii) may include—

• (a) provision creating criminal offences;

• (b) in relation to England and Wales and Northern Ireland, provision for the prosecution by relevant authorities of criminal offences created under paragraph (a);

• (c) provision conferring powers on relevant authorities to impose civil sanctions (including fines).

• (6) Provision under sub-paragraph (1)(b) or (c) or (4)(a)(ii) may include provision for appeals against anything done by a relevant authority under that provision.

• (7) Provision under sub-paragraph (1) may include any provision—

• (a) which is made by the 2013 Regulations, or

• (b) which relates to any matter in respect of which provision is made by the 2013 Regulations.

Costs

16

• (1) Construction products regulations may make provision for a relevant authority to impose charges on a person carrying out activities in relation to construction products, or an authorised representative of such a person, in respect of the exercise of the relevant authority’s construction product functions in relation to such a person.

• (2) The regulations may include provision about—

• (a) who is liable to pay a charge;

• (b) the circumstances in which a charge is payable;

• (c) the amount of a charge (including how an amount is to be calculated);

• (d) reductions and exemptions;

• (e) waivers;

• (f) how and when a charge is to be paid;

• (g) the collection and recovery of payments;

• (h) interest payable on outstanding payments;

• (i) the resolution of disputes (including appeals).

• (3) Provision under this paragraph may confer a discretion on the relevant authority.

Information

17

• (1) Construction products regulations may, in connection with the exercise by relevant authorities of their construction product functions, make provision for and in relation to—

• (a) the provision of information by relevant authorities to—

• (i) other relevant authorities, or

• (ii) persons specified, or of a description specified, in construction products regulations;

• (b) the provision of information to relevant authorities by—

• (i) persons specified, or of a description specified, in construction products regulations, or

• (ii) other persons identified by relevant authorities.

• (2) Provision under sub-paragraph (1) may include provision—

• (a) as to the circumstances in which information may or must be provided (which may include circumstances in which the information could not otherwise have been lawfully provided or disclosed);

• (b) as to how information may or must be provided;

• (c) as to the uses to which information provided may be put;

• (d) for the purpose of preventing the further disclosure of information (including provision for the creation of criminal offences);

• (e) for the purpose of securing that there is (taking into account any power or duty to provide information under the regulations) no contravention of the data protection legislation.

18

• (1) Construction products regulations may make provision for and in relation to the publication by relevant authorities of information held by them in connection with their construction product functions.

• (2) Provision under sub-paragraph (1) may include provision as to—

• (a) the circumstances in which information may or must be published (which may include circumstances in which the information could not otherwise have been lawfully published);

• (b) how, where and in what form information may or must be published.

19

• (1) Construction products regulations may make provision prohibiting the disclosure of information held by relevant authorities in connection with their construction product functions.

• (2) Provision under sub-paragraph (1) may include provision for the creation of criminal offences.

General and supplementary

20

• (1) Construction products regulations may make—

• (a) different provision for different purposes;

• (b) different provision for or in relation to different parts of the United Kingdom;

• (c) transitional, transitory, consequential and supplementary provision or savings.

• (2) The provision made by paragraphs 2 to 19 does not limit the power conferred by paragraph 1.

21

• (1) Construction products regulations may make provision by repealing, amending or re-enacting—

• (a) assimilated law (and in particular the 2011 Regulation and the 2013 Regulations);

• (b) the 2019 and 2020 Regulations;

• (c) any other enactment other than an Act.

• (2) Construction products regulations may under paragraph 20(1)(c) make consequential provision amending section 148 (liability relating to construction products), which may in particular include the omission or amendment of subsection (2)(b) and (c) of that section.

22

• (1) Where construction products regulations contain provision creating a criminal offence, the provision must have the effect that—

• (a) the offence is—

• (i) triable summarily only, or

• (ii) triable summarily or on indictment,

• (b) the offence is punishable only—

• (i) with a fine, or

• (ii) with a term of imprisonment or a fine (or both),

• (c) where the offence is triable summarily only, any fine with which the offence is punishable in Scotland or Northern Ireland does not exceed level 5 on the standard scale,

• (d) where the offence is triable summarily or on indictment, any fine with which the offence is punishable on summary conviction in Scotland or Northern Ireland does not exceed the statutory maximum, and

• (e) any term of imprisonment with which the offence is punishable on summary conviction does not exceed—

• (i) in England and Wales, the relevant period,

• (ii) in Scotland, 12 months, and

• (iii) in Northern Ireland, 6 months.

• (2) In sub-paragraph (1)(e)(i), the “relevant period” means—

• (a) in relation to an offence that is triable only summarily—

• (i) where the offence is committed before the coming into force of section 281 of the Criminal Justice Act 2003, 6 months, and

• (ii) where the offence is committed after that time, 51 weeks;

• (b) in relation to an offence that is triable summarily or on indictment—

• (i) where the offence is committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, 6 months, and

• (ii) where the offence is committed after that time, 12 months.

Procedure

23

• (1) Construction products regulations are to be made by statutory instrument.

• (2) Construction products regulations which contain provision specified in sub-paragraph (3) (with or without other provision) may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament.

• (3) The provision referred to in sub-paragraph (2) is—

• (a) the first provision to be made under paragraph 10(1) (list of safety-critical products);

• (b) provision omitting a construction product from the list of safety-critical products under paragraph 10(1);

• (c) provision creating a criminal offence;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) provision under paragraph 21(2) (consequential provision relating to liability for construction products).

• (4) A statutory instrument containing construction products regulations to which the requirements specified in sub-paragraph (2) do not apply is subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

24

In this Schedule—

• “the 2011 Regulation” means Regulation (EU) No. 305/2011 (regulation laying down harmonised conditions for the marketing of construction products);

• “the 2013 Regulations” means the Construction Products Regulations 2013 (S.I. 2013/1387);

• “the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465);

• “the 2020 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359);

• “authorised representative” means a person of a description specified in the regulations who is authorised to act on behalf of a person carrying out an activity in relation to construction products;

• “construction product” has the meaning specified in construction products regulations;

• “construction product functions”, in relation to a relevant authority, means—the authority’s functions under construction products regulations, the 2011 Regulation or the 2019 or 2020 Regulations (including functions relating to the provision or receipt of information), andany other functions of the authority relating to construction product requirements;

• “construction product requirements” means requirements imposed by or under construction products regulations, the 2011 Regulation or the 2019 or 2020 Regulations;

• “construction products regulations” has the meaning given in paragraph 1(2);

• “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “EU harmonised standard” means a harmonised standard adopted at any time by a standardisation body of the European Union;

• “international standard” means a standard adopted by an international standardising body (which for these purposes has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 16 April 1994, as modified from time to time);

• “local authority” means—a county or district council in England,a London borough council,the Common Council of the City of London,the Council of the Isles of Scilly,a county or county borough council in Wales,a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, anda district council in Northern Ireland;

• references to the “marketing” of products are to making them available on the market in the United Kingdom;

• “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;

• “relevant authority” means—the Secretary of State or other Minister of the Crown, anda local authority (including, in England, Wales and Scotland, a local authority in its capacity as a local weights and measures authority);

• “requirement” includes a prohibition or restriction;

• “safety-critical products” has the meaning given in paragraph 10;

• “technical assessment” means a documented assessment of the performance of a construction product.

Overview of Act

The building safety regulator

Committee on industry competence

Duty to facilitate building safety: higher-risk buildings

Duty to keep safety and standard of buildings under review

Facilitating improvement in competence of industry and building inspectors

Proposals and consultation relating to regulations

Duty to establish system for giving of building safety information

Building Advisory Committee

Committee on industry competence

Residents’ panel

Committees: power to amend or repeal

Local authorities and fire and rescue authorities: assistance etc to regulator

FSO authorised persons: assistance etc to regulator

Provision of assistance etc: supplementary

Guidance about the provision of assistance

Strategic plan

Revised strategic plans

Annual report about information provided under mandatory reporting requirements

Statement of regulator’s engagement with residents etc

Interpretation of Part 2

Authorised officers

Authorised officers: offences

Provision of false or misleading information to regulator

Review by regulator of certain decisions made by it

Right of appeal: requirement for review before appeal

Cooperation and information sharing

Fees and charges

Service of documents

Interpretation of Part 2

Higher-risk buildings etc

Building control authorities

Building regulations

Dutyholders and general duties

Industry competence

Lapse of building control approval etc

Determination of certain applications by Secretary of State or Welsh Ministers

Compliance and stop notices

Breach of building regulations

Liability of officers of body corporate etc

Revocation etc of certain provision made under section 2(2) of ECA 1972

Regulation of building control profession

Transfer of approved inspectors’ functions to registered building control approvers

Functions exercisable only through, or with advice of, registered building inspectors

Default powers of appropriate national authority

Higher-risk building work: registered building control approvers

Higher-risk building work: public bodies

Insurance: removal of requirements

Plans certificates

Annual limit on service charges

New initial notices

Information gathering

Amendment of the Government of Wales Act 2006

Functions under Part 3 of Building Act 1984

Minor and consequential amendments

Appeals

Fees and charges

Levy on applications for building control approval etc

Crown application

Application to Parliament

Overview of Part

Meaning of “building safety risk”

Recommendations about regulations under section 62

Advice about regulations under section 62

Meaning of “higher-risk building” etc

Regulations under section 65: procedure

Regulations under section 65: additional procedure in certain cases

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

Recommendations about definition of “higher-risk building” etc

Advice about definition of “higher-risk building” etc

Meaning of “occupied” higher-risk building etc

Meaning of “accountable person”

Meaning of “principal accountable person”

Part of building for which an accountable person is responsible

Determinations by the tribunal

Requirement for completion certificate before occupation

Occupation: registration requirement

Registration of higher-risk buildings

Occupied building: duty to apply for building assessment certificate

Applications for building assessment certificates

Building assessment certificates

Duty to display building assessment certificate etc

Assessment of building safety risks

Management of building safety risks

Safety case report

Notification and provision of report to the regulator

Mandatory reporting requirements

Keeping information about higher-risk buildings

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

Provision of information etc on change in accountable person

Residents’ engagement strategy

Requests for further information

Complaints procedure operated by principal accountable person

Complaints procedure operated by the regulator

Duties on residents and owners

Contravention notices

Access to premises

Duty on regulator to enforce Part

Compliance notices

Compliance notices: supplementary

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

Special measures

Appeals against compliance notice etc

Appeals against decisions of the regulator made under this Part

Appeals against decisions of the regulator made under regulations

Appeals: supplementary

Enforcement of decisions of the First-tier and Upper Tribunal

Guidance

Cooperation and coordination

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

Building safety directors of resident management companies

Implied terms in leases and recovery of safety related costs

Provision of building safety information

Commonholds

Interpretation of Part 4

Meaning of “relevant building”

119A

• (1) For the purposes of section 119 (and this section) a lease (the “new lease”) is a “connected replacement lease” if—

• (a) the new lease is a lease of a single dwelling in a relevant building,

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

• (c) the new lease was granted on or after 14 February 2022,

• (d) the new lease replaces—

• (i) one other lease, which is a qualifying lease (whether under section 119(2) or (3A)), or

• (ii) two or more other leases, at least one of which is a qualifying lease (whether under section 119(2) or (3A)), and

• (e) there is continuity in the property let.

• (2) For the purposes of subsection (1)(d), the new lease replaces another lease if—

• (a) the term of the new lease begins during the term of the other lease, and the new lease is granted in substitution of the other lease, or

• (b) the term of the new lease begins at the end of the term of the other lease (regardless of when the lease is granted).

• (3) For the purposes of subsection (2)(a), the circumstances in which the new lease is granted in substitution of another lease include circumstances where—

• (a) the new lease is granted by way of a surrender and regrant of the other lease (including a deemed surrender and regrant, whether deemed under an enactment or otherwise);

• (b) the new lease is granted under—

• (i) section 24 of the Landlord and Tenant Act 1954 (renewed business leases),

• (ii) section 14 of, or Schedule 1 to, the Leasehold Reform Act 1967 (extension of leases of houses), or

• (iii) section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (extension of leases of flats),

in a case where that provision of that Act applies by virtue of the other lease.

• (4) For the purposes of subsection (1)(e) there is continuity in the property let if—

• (a) the newly let property is exactly the same as the already let property,

• (b) the newly let property consists of some or all of the already let property, together with other property (whether or not that other property was previously let) (a “property combination”), or

• (c) the newly let property consists of some, but not all, of the already let property (but no other property) (a “property reduction”).

• (5) But there is no continuity in the property let by virtue of a property reduction if, as respects any lease in the relevant chain of qualifying leases, there was continuity in the property let by virtue of a property combination.

• (6) For that purpose, the “relevant” chain of qualifying leases is the chain of qualifying leases of which the new lease would be part were it a connected replacement lease.

• (7) For the purposes of subsection (1)(e) there is also continuity in the property let if the new lease is granted to rectify any error in the lease, or any lease, which the new lease replaces.

• (8) Where a dwelling is at any time on or after 14 February 2022 let under two or more leases to which subsection (1)(a) and (b) apply, any of the leases which is superior to any of the other leases is not a connected replacement lease.

• (9) For the purposes of sections 122 to 124 and Schedule 8, all of the leases in a chain of qualifying leases are to be treated as a single qualifying lease which has a term that—

• (a) began when the term of the initial qualifying lease in that chain began, and

• (b) ends when the term of the current connected replacement lease in that chain ends.

• (10) The Secretary of State may by regulations make provision about the meaning of “connected replacement lease” (including provision changing the meaning).

• (11) The provision that may be made in regulations under this section includes—

• (a) provision which amends this section;

• (b) provision which has retrospective effect.

• (12) Provision in regulations under this section made by virtue of section 168(2)(a) (consequential provision etc) may (in particular) amend this Act.

• (13) In this section—

• “already let property”, in relation to a new lease, means the property let by the lease or leases which the new lease replaces;

• “chain of qualifying leases” means—an initial qualifying lease which is the preceding qualifying lease in relation to a connected replacement lease (the “first replacement lease”),the first replacement lease, andany other connected replacement lease if the preceding qualifying lease in relation to it is—the first replacement lease, orany other connected replacement lease which is in the chain of qualifying leases;and a chain of qualifying leases may accordingly consist of different leases at different times (if further connected replacement leases are granted);

• “current connected replacement lease”, in relation to a particular time, means a connected replacement lease during the term of which that time falls;

• “initial qualifying lease” means a lease which is a qualifying lease under section 119(2);

• “new lease” has the meaning given in subsection (1);

• “newly let property” means the property let by the new lease;

• “preceding qualifying lease”, in relation to the new lease, means—in a case within subsection (1)(d)(i), the lease which the new lease replaces;in a case within subsection (1)(d)(ii), a lease which—the new lease replaces, andis a qualifying lease.

• (14) The definitions in section 119(4) also apply for the purposes of this section.

Building industry schemes

Building industry schemes: supplementary

Prohibition on development for prescribed persons

Building control prohibitions

Building liability orders

Building liability orders: associates

Order for information in connection with building liability order

Service charges in respect of remediation works

Duties relating to work to dwellings etc

Limitation periods

Establishment of the new homes ombudsman scheme

The new homes ombudsman scheme

“Relevant owner”, “new build home” and “developer”

Regulations under section 138

Power to require persons to join scheme and to provide information

Register of members

Developers’ code of practice

Amendment of the Government of Wales Act 2006

New build home warranties

New build home warranties: financial penalties

Construction products

Liability relating to construction products: general definitions

Liability relating to construction products

Liability for past defaults relating to cladding products

Liability relating to construction products: limitation in England and Wales

Liability relating to construction products: limitation in Scotland

Costs contribution orders made by courts

Costs contribution orders made by the Secretary of State

Costs contribution orders: assessments

Amendment of Regulatory Reform (Fire Safety) Order 2005

Architects: discipline and continuing professional development

Architects: Appeals Committee

Architects Registration Board: fees and discharge of functions by a committee

Housing complaints made to a housing ombudsman

Liability of officers of body corporate etc

Review of regulatory regime

Financial provisions

Crown application

Application to Parliament

Power of Secretary of State to make consequential provision

Power of Welsh Ministers to make consequential provision

Regulations

Extent

Commencement and transitional provision

Short title

Entry to non-domestic premises without warrant

Entry to non-domestic premises with warrant

Entry to domestic premises (with warrant)

Power to require information, documents etc

Retention of evidence etc

Offence of failing to provide information, documents etc

Interpretation

Saving for material subject to legal professional privilege

Interpretation

Local authorities, fire and rescue authorities etc

Ombudsmen

Secretary of State

Police

Public authorities

Parliamentary Commissioner Act 1967 (c. 13)

Freedom of Information Act 2000 (c. 36)

Sustainable and Secure Buildings Act 2004 (c. 22)

The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)

Introduction

Transfer from Secretary of State to the regulator

Transfer from magistrates’ court to the tribunal: England

Enforcement

Appeal: local authority decision not to consider application etc

Introductory

Interpretation

No service charge payable for defect for which landlord or associate responsible

No service charge payable if landlord meets contribution condition

No service charge payable where lease below certain value

Limit on service charge in other cases

Paragraph 5: the permitted maximum

Annual limit on service charges

No service charge payable for cladding remediation

No service charge payable for legal or professional services relating to liability for relevant defects

Paragraphs 2 to 4, 8 and 9: supplementary

No increase in service charge for other tenants

Recovery of service charge amounts from landlords

Presumption: qualifying lease

Presumptions relating to landlord under qualifying lease

Information from tenants

Information from landlords

Anti-avoidance

Appointment of the new homes ombudsman

Membership

Fees

Complaints under the scheme: subject matter and procedure

Complaints under the scheme: investigation and determination

Enforcement of determinations

Making of recommendations

Predecessor schemes

Complaints about the scheme

Co-operation

Provision of information

Reports

Introductory

Editorial notes

[^key-0034196dc343ffe92b460b8f6aba0eae]: Sch. 11 para. 15 in force at Royal Assent, see s. 170(3)(d)

[^key-0068e9dcb4b2c81317b9a5aaee10096e]: S. 7 in force at Royal Assent, see s. 170(1)(c)

[^key-00a7685151cd072823a2de8f1a41a1ca]: Sch. 1 para. 1 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-00df2855290f863a672effa9667cdf86]: S. 32 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(f) (with reg. 4)

[^key-00f80d4d509f3ff83427d27c0f703daf]: Sch. 5 para. 9 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 6

[^key-014c6fdd69720bc129634585475b9caa]: S. 49 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(v)

[^key-01d0d787a4601cf0696351b93086389c]: S. 153 in force at 28.6.2022, see s. 170(3)(e)

[^key-01d594f387105cabc121b45ad36be56f]: Sch. 6 para. 27 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

[^key-02700e97f85b49417883fe6e350b595f]: S. 16 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(e)

[^key-02781bb2d63a52e2768b8f63fb704a8e]: Sch. 6 para. 16 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

[^key-028d3a6a01a6464f90e763311b1cc8f3]: Sch. 5 para. 40(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xiii)

[^key-0358218fef2fe6452defa6bfc1c70e02]: Sch. 5 para. 41 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-044422a247a3a6f30ec2763df0ee9221]: S. 57 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xvi)

[^key-04a44109e50caffacb8d107379a257a7]: Sch. 8 para. 12 in force at 28.6.2022, see s. 170(3)(a)

[^key-050c4d84959300910cfe7f620b8e8ce6]: S. 46 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-061f0428b052e1c41024468ffc5c5b1e]: Sch. 5 para. 49 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-0685f0cc17be0fc0e1ee2875c4a6f179]: S. 18 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-069b0b1908a91d0c7550f0e799bef2f8]: S. 157 in force at 28.6.2022, see s. 170(3)(f)

[^key-07207da9de05630516f075544b3278ee]: Sch. 5 para. 19 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-0744162b50731f99a88b698d9584387f]: S. 74 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z2)

[^key-0754ed4760281dd5d18045d2c4ca4352]: S. 34 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

[^key-07c1b7e51695c1a3e3c345ba1139141c]: Sch. 6 para. 3 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

[^key-08332b1072d4feb5e85f046b7e9aa4f2]: S. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-085dc2c996acdc3b46cba37c00e40f50]: S. 168 in force at Royal Assent, see s. 170(1)(h)

[^key-08a4b2d7052cd2a13af497b40eb2d644]: Sch. 5 para. 14(3)(a)(4)(a)(5)-(8) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(vii) (with regs. 3, 4)

[^key-08be48275a2fe3b752c7597b1a5fb7b9]: S. 9(3) in force at 1.4.2023 in so far as not already in force by S.I. 2023/362, reg. 2(1)(d)

[^key-08d4071329918bd3c551f3fde3a65578]: Sch. 6 para. 18 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

[^key-09aba81167f859a58634ca1f3cd30088]: Sch. 5 para. 46(1)(2) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 18

[^key-0a7c547b0070647db566d9d5820a93e9]: Sch. 5 para. 62 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)

[^key-0ad753d2a50c4ecad5b97eac3d9ac51c]: S. 39 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

[^key-0b6e530e632f028ac08416e5b32fd092]: Sch. 5 para. 56 not in force at Royal Assent, see s. 170(4)(a)(iv)(c)

[^key-0b92a0cc88f513ff768e3f0f28f23632]: S. 22 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-0bae1138a1a27bbfbc9948f8426e3694]: Sch. 5 para. 25 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-0c05d81683b4a6e139cc31a171570e95]: S. 112(1) in force at 6.4.2023 for specified purposes by S.I. 2023/362, reg. 3(1)(z10)(i)

[^key-0c2f81b4c41dba43c63d62d4c0ca6493]: S. 17 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-0c427cc11b369b1497e8c5a48d566fa3]: Sch. 11 para. 11 in force at Royal Assent, see s. 170(3)(d)

[^key-0c5ceff9e7e52413b0ab0fbbb4755d90]: S. 164 not in force at Royal Assent, see s. 170(5)

[^key-0c6b413bcd3b3df1947125921a4db49c]: S. 35 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(ii)

[^key-0cdc8a82aeecd2b4d48bfef68774c9ab]: Sch. 5 para. 37 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

[^key-0d2c358bd1347cd7a9a40d3e6f59b793]: Sch. 5 para. 89 not in force at Royal Assent, see s. 170(4)(c)

[^key-0d4b3941f49d18ef777c5c26fe5634b7]: Sch. 9 para. 12 not in force at Royal Assent, see s. 170(5)

[^key-0dc2000ef5375187c67373688cbf2990]: S. 28 in force at Royal Assent, see s. 170(1)(d)

[^key-0e5805c47867eb72ad8e616fdc28db86]: S. 169 in force at Royal Assent, see s. 170(1)(h)

[^key-0e7628b07cd011cb1871aab4f987392d]: Sch. 11 para. 23(3)(d) omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 11

[^key-0e9046143c15c668455cba5c05e5b92d]: Sch. 5 para. 13(2)(5)(6) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 16

[^key-0ed81324a38b166d353b0143db72894c]: S. 76 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-0ef5ea75ab98fb50017a46e4b11b6d01]: Sch. 5 para. 11(1)(2)(3) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 8

[^key-10021170cddee19dfcc686cf6fabd922]: S. 40 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(j)

[^key-10dbc0282b28b4d40ce2cf23170d11af]: Sch. 5 para. 80 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-114d60cd2ecd6e806fbcca18b522be32]: Sch. 5 para. 55(1)(4)(a)(6) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 22

[^key-117ea036446c04cb3c764482717a0860]: Sch. 5 para. 75 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 27

[^key-119ebad0b41ed95677bcc0ab618b562a]: S. 14 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-11b597e716d9b7f48bf681771838878e]: S. 112(3) in force at 6.4.2023 for specified purposes by S.I. 2023/362, reg. 3(1)(z10)(iii)

[^key-11b8ccd5c81640e91b04f83fe9f569a7]: Sch. 6 para. 8 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with regs. 6, 8)

[^key-1202e54203a5231fde2f1c434b4a1a0f]: S. 3 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(b)

[^key-12329b8465e8e2290b86acad1b11a96f]: Sch. 5 para. 57(3) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 32

[^key-1238e8877237d42c3f0b94e425bedf70]: S. 47 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xi)

[^key-1273f5284791657eccf1281babe8c713]: Sch. 5 para. 84 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-12d55c16d5deb8c96d9faa31a772ae46]: S. 44 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(ix)

[^key-12f94f1a3948b2d7f4df36b6ee4b8f63]: Sch. 5 para. 62 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-13796d5c358c0c791788f5d2a8e2d601]: S. 70 in force at Royal Assent, see s. 170(1)(f)

[^key-13da581e80624b741636253a09ab8f4b]: Sch. 6 para. 22 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

[^key-13e2328b8067a0065a83d001cbe577a7]: S. 96 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-145701ad1cbd07a9878195039548225b]: Sch. 5 para. 1 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1502b0008045678be74d3a11e7e60b2c]: Sch. 5 para. 68 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-150b3c819cc8bc8e3a9fc88a4be9f80f]: S. 112(4)(5) in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z10)(iv)

[^key-1654e4b2d55eaac66841c2f9dae51c87]: Sch. 7 para. 10 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-168a94d4fe7b4a3cbb827401fbeaa06a]: Sch. 5 para. 46(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 25

[^key-1772c8986f3c63e8bd83e2c38d3c2604]: Sch. 5 para. 88 not in force at Royal Assent, see s. 170(4)(c)

[^key-1789fdb91831064059f17514124f3d37]: Sch. 5 para. 67 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 24 (with reg. 8)

[^key-17ba83a9d4ef1a98747f0e2fbaac6f9a]: Sch. 10 para. 3 not in force at Royal Assent, see s. 170(5)

[^key-17cac59675091d45a04bdaef50899ad1]: S. 48 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-18b29078ec13428c03c34cde501f6bd6]: Sch. 5 para. 81(3) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxii)

[^key-18b67713aa6c0d817d1698f275f9408b]: Sch. 6 para. 21 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

[^key-18d22a7217360b5c39786c3d42d9ba0a]: S. 75 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z3)

[^key-18e21d6fbec0243d4610def6a824160f]: Sch. 10 para. 6 not in force at Royal Assent, see s. 170(5)

[^key-197df8e9606f3016e7b28142d4ba2de5]: Sch. 5 para. 74(1)(2) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 26

[^key-1a03fe0bb809d02998b3a5c1953ca0b9]: Sch. 5 para. 21 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1a1a84d7d1b88d2e9017013d5dcc3c6b]: Sch. 5 para. 57(1)(3) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 23

[^key-1a681a82c60af811ed1586f0bd202b5d]: Sch. 4 para. 8 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

[^key-1a8885b50303e48a1db3584ac1ce88be]: Sch. 10 para. 1 not in force at Royal Assent, see s. 170(5)

[^key-1ac37531424ca6a87760060709ab2abd]: S. 129 in force at 1.9.2022 by S.I. 2022/927, reg. 2

[^key-1aeb1bffcb6c58537fe69c92e24a03c4]: Sch. 5 para. 72 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxvii) (with reg. 4)

[^key-1aeff8e961a5467586b7ab485d0f0896]: S. 106 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(x)

[^key-1b1a7ef2cd82a9364ac38b793cf75462]: S. 77 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(q)

[^key-1b49dd6c8b15fcc263fc4519c8d7da3c]: Sch. 5 para. 28 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1b7dbbf1e3c2c1ad516e91309d5f3bfd]: Sch. 6 para. 28 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-1bdc192145949bd1e9254926c3729b31]: Sch. 5 para. 66 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)

[^key-1bfa1a2a88f228d1a46fa5032fc56739]: S. 50 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

[^key-1c1c40cf00e00c02b9733de6bee61c40]: Sch. 5 para. 40(3) in force at 6.4.2023 except in relation to W. by S.I. 2023/362, reg. 3(1)(w)(ii)

[^key-1c3d83f7e9d37b1b7f7e182d8b2c2e31]: Sch. 5 para. 77 in force at 1.4.2023 except in relation to W. by S.I. 2023/362, reg. 2(2)(b) (with reg. 5(1))

[^key-1c63c649c028dbfb8aec602d2ad112e7]: Sch. 5 para. 85 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1c78fc3f1929b7daf7d9336e276cd3e2]: S. 14 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(c)

[^key-1c838888d233bf3570f76d54fc31e4c8]: S. 167 in force at Royal Assent, see s. 170(1)(h)

[^key-1c918d8139c94b943047d91148dc4ed5]: Sch. 5 para. 40(1) in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(w)(i)

[^key-1da5bddb92924e1ecbe3ba660376fdc3]: Sch. 5 para. 54 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-1e38548424985f3dcb4d9c873656da8a]: Sch. 11 para. 23 in force at Royal Assent, see s. 170(3)(d)

[^key-1eb87abe98d4602e9997ba9a6ecb2f32]: Sch. 5 para. 90 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxvi) (with reg. 3)

[^key-1ef35bb2d184cfc2e17e1217ff4eeec3]: S. 1 in force at Royal Assent, see s. 170(1)(a)

[^key-1f0064f9851a8630bb65e016acb3ad53]: Sch. 6 para. 6 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

[^key-1f32a80a2ed380465ffd8d136aacac35]: Sch. 6 para. 10 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

[^key-1f35291a384d6ba59673714e69538577]: Sch. 6 para. 1 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)

[^key-20100b3d95b6e2ea74f663e1383fbd55]: S. 133 in force at 1.4.2023 for specified purposes by S.I. 2023/362, reg. 2(1)(g)

[^key-203182a41c4d52a4ed8ce4f3a8471222]: Sch. 5 para. 78 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 42

[^key-20591acac66b83cc470bb00ae68ce1e9]: S. 80 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-20d980140e61626fda6fc45828f41066]: S. 77 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-210199dace35c4f859563e5b1f160afb]: Sch. 5 para. 85 in force at 1.4.2023 by S.I. 2023/362, reg. 2(2)(c)

[^key-210ab93b46816c5c6be1fc7abbbe419c]: Sch. 5 para. 43 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)

[^key-21157c2a1ce8864842c4d32c6ecfe7ad]: S. 84 in force at Royal Assent for specified purposes, see s. 170(2)(a)

[^key-2175e1e2fa73651ef079d90b6de1105d]: S. 94 in force at Royal Assent for specified purposes, see s. 170(2)(a)