LegalizeReform history
Building Safety Act 2022
22 versions
· 2022-04-28
2026-01-27
Building Safety Act 2022
2024-07-24
Building Safety Act 2022
2024-04-25
Building Safety Act 2022
2024-04-06
Building Safety Act 2022
2024-01-16
Building Safety Act 2022
Changes on 2024-01-16
@@ -8,19 +8,19 @@
- (1) This Act has 6 Parts, and contains provisions intended to secure the safety of people in or about buildings and to improve the standard of buildings.
- (2) [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) contains provision about the building safety regulator and its functions in relation to buildings in England.
- (3) [Part 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-01) amends the Building Act 1984.
- (4) Amendments made by [Part 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-01)—
- (2) [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) contains provision about the building safety regulator and its functions in relation to buildings in England.
- (3) [Part 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-16) amends the Building Act 1984.
- (4) Amendments made by [Part 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-16)—
- (a) provide that the regulator is the building control authority in relation to higher-risk buildings in England, and
- (b) require the regulator (for England) and the Welsh Ministers (for Wales) to establish and maintain registers of building control approvers and building inspectors.
- (5) [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) is about occupied higher-risk buildings in England, and imposes duties on accountable persons.
- (6) [Part 5](https://www.legislation.gov.uk/ukpga/2022/30/part/5/2024-01-01) contains further provisions, including—
- (5) [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) is about occupied higher-risk buildings in England, and imposes duties on accountable persons.
- (6) [Part 5](https://www.legislation.gov.uk/ukpga/2022/30/part/5/2024-01-16) contains further provisions, including—
- (a) provisions about remediation and redress;
@@ -34,7 +34,7 @@
- (f) provision about housing complaints.
- (7) [Part 6](https://www.legislation.gov.uk/ukpga/2022/30/part/6/2024-01-01) contains general provisions.
- (7) [Part 6](https://www.legislation.gov.uk/ukpga/2022/30/part/6/2024-01-16) contains general provisions.
## Part 2 — The regulator and its functions
@@ -44,9 +44,9 @@
##### 2
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) “*the regulator*” means the Health and Safety Executive.
- (2) [Schedule 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/1/2024-01-01) contains amendments of provisions of the Health and Safety at Work etc Act 1974 that relate to the regulator.
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) “*the regulator*” means the Health and Safety Executive.
- (2) [Schedule 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/1/2024-01-16) contains amendments of provisions of the Health and Safety at Work etc Act 1974 that relate to the regulator.
#### The regulator: objectives and regulatory principles
@@ -64,21 +64,21 @@
- (b) regulatory activities should be targeted only at cases in which action is needed.
- (3) The duty in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/3/2/2024-01-01) is subject to any other requirement affecting the exercise of the function.
- (4) In [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/3/2/2024-01-01) “*excepted function*” means—
- (3) The duty in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/3/2/2024-01-16) is subject to any other requirement affecting the exercise of the function.
- (4) In [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/3/2/2024-01-16) “*excepted function*” means—
- (a) a function under any of sections 4 to 6, or
- (b) a function of the regulator under the Health and Safety at Work etc Act 1974 so far as relating to any such function.
- (5) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) “*building function*” means—
- (5) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) “*building function*” means—
- (a) any function of the regulator under, or under an instrument made under, this Act or the Building Act 1984;
- (b) any prescribed function of the regulator;
- (c) any function of the regulator under the Health and Safety at Work etc Act 1974 so far as relating to a function within [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/3/5/a/2024-01-01) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/3/5/b/2024-01-01).
- (c) any function of the regulator under the Health and Safety at Work etc Act 1974 so far as relating to a function within [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/3/5/a/2024-01-16) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/3/5/b/2024-01-16).
#### Duty to facilitate building safety: higher-risk buildings
@@ -86,27 +86,27 @@
- (1) The regulator must provide such assistance and encouragement to relevant persons as it considers appropriate with a view to facilitating their securing the safety of people in or about higher-risk buildings in relation to building safety risks as regards those buildings.
- (2) The assistance and encouragement that must be provided under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/1/2024-01-01) includes, in particular, assistance and encouragement with a view to facilitating securing the safety of disabled people in or about higher-risk buildings in relation to building safety risks as regards those buildings.
- (2) The assistance and encouragement that must be provided under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/1/2024-01-16) includes, in particular, assistance and encouragement with a view to facilitating securing the safety of disabled people in or about higher-risk buildings in relation to building safety risks as regards those buildings.
- (3) For this purpose “*relevant persons*” means—
- (a) residents of higher-risk buildings within the meaning of [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01),
- (a) residents of higher-risk buildings within the meaning of [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16),
- (b) owners of residential units in such buildings,
- (c) persons who are accountable persons within the meaning of [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01), and
- (c) persons who are accountable persons within the meaning of [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16), and
- (d) persons upon whom duties are imposed by virtue of paragraph 5B of Schedule 1 to the Building Act 1984 (dutyholders).
- (4) In subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/1/2024-01-01) and [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/2/2024-01-01)—
- (4) In subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/1/2024-01-16) and [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/2/2024-01-16)—
- “*building safety risk*” has the meaning given by section 62;
- “*disabled*”: see section 30;
- “*higher-risk building*” means—a higher-risk building within the meaning of [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) (see section 65), ora higher-risk building within the meaning of the Building Act 1984.
- (5) [Parts 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-01) and [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) confer further functions on the regulator in relation to higher-risk buildings.
- “*higher-risk building*” means—a higher-risk building within the meaning of [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) (see section 65), ora higher-risk building within the meaning of the Building Act 1984.
- (5) [Parts 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-16) and [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) confer further functions on the regulator in relation to higher-risk buildings.
#### Duty to keep safety and standard of buildings under review
@@ -138,9 +138,9 @@
- (1) This section applies to regulations under—
- (a) [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01), or
- (b) any provision of [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) except section 62, 65 or 68.
- (a) [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16), or
- (b) any provision of [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) except section 62, 65 or 68.
- (2) The regulator may at any time make proposals to the Secretary of State for the making of regulations.
@@ -194,7 +194,7 @@
- (e) providing guidance to the public (or a section of the public) about ways of assessing the competence of persons in the built environment industry;
- (f) carrying out analysis and research in connection with a function mentioned in any of [paragraphs (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/10/2/a/2024-01-01) to [(e)](https://www.legislation.gov.uk/ukpga/2022/30/section/10/2/e/2024-01-01).
- (f) carrying out analysis and research in connection with a function mentioned in any of [paragraphs (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/10/2/a/2024-01-16) to [(e)](https://www.legislation.gov.uk/ukpga/2022/30/section/10/2/e/2024-01-16).
#### Residents’ panel
@@ -214,19 +214,19 @@
- (b) a body that represents, supports or promotes the interests of any description of disabled people that includes residents of higher-risk buildings, or
- (c) a member of a body within paragraph [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/11/3/b/2024-01-01).
- (c) a member of a body within paragraph [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/11/3/b/2024-01-16).
- (4) The committee is to give advice to the regulator about such matters connected with the regulator’s building functions and relating to higher-risk buildings as the regulator may specify.
- (5) The regulator must consult the committee before issuing or revising any of the following—
- (a) guidance to residents of higher-risk buildings about any of their rights or obligations under [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) or regulations made under that Part;
- (a) guidance to residents of higher-risk buildings about any of their rights or obligations under [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) or regulations made under that Part;
- (b) guidance relating to any duty under regulations made under section 89 to give information or documents to residents of higher-risk buildings or owners of residential units in such buildings;
- (c) guidance relating to any of sections 91 to 93 or 95 or regulations made under any of those sections (engagement with residents etc, and residents’ duties).
- (6) If the committee has not been established at a time when the regulator has prepared guidance to which [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/11/5/2024-01-01) applies—
- (6) If the committee has not been established at a time when the regulator has prepared guidance to which [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/11/5/2024-01-16) applies—
- (a) that subsection has effect as if it did not require the committee to be consulted before the guidance is issued, and
@@ -234,13 +234,13 @@
- (7) See also—
- (a) section 17[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/17/3/2024-01-01) (duty to consult committee about regulator’s strategic plan);
- (b) section 94[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/94/2/2024-01-01) (duty to consult committee about regulator’s complaints system).
- (a) section 17[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/17/3/2024-01-16) (duty to consult committee about regulator’s strategic plan);
- (b) section 94[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/94/2/2024-01-16) (duty to consult committee about regulator’s complaints system).
- (8) In this section—
- “*higher-risk building*” has the same meaning as in [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) (see section 65);
- “*higher-risk building*” has the same meaning as in [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) (see section 65);
- “*relevant person*” means— an owner of a residential unit in a higher-risk building, a body that represents, supports or promotes— the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or the interests of any description of persons that includes a description of such residents or owners, or a member of a body within paragraph (b).
@@ -266,7 +266,7 @@
- (b) enabling the relevant authority to facilitate the exercise by the regulator of a relevant function.
- (2) The regulator may, for a purpose mentioned in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/1/a/2024-01-01) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/1/b/2024-01-01) of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/1/2024-01-01), direct a relevant authority to do anything specified in the direction.
- (2) The regulator may, for a purpose mentioned in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/1/a/2024-01-16) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/1/b/2024-01-16) of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/1/2024-01-16), direct a relevant authority to do anything specified in the direction.
- (3) The direction may specify the way in which, and the time by which, the thing is to be done.
@@ -280,11 +280,11 @@
- (6) Before giving a direction, the regulator must—
- (a) make a written request under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/1/2024-01-01) for the authority to do the thing, and
- (a) make a written request under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/1/2024-01-16) for the authority to do the thing, and
- (b) have regard to any written representations made by the authority in the period specified in the request.
- (7) A request under [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/6/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/6/a/2024-01-01) must—
- (7) A request under [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/6/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/13/6/a/2024-01-16) must—
- (a) state that the regulator may seek consent to give a direction under this section if the request is not complied with,
@@ -296,7 +296,7 @@
- “*relevant authority*” means a local authority or fire and rescue authority;
- “*relevant function*” means— a function of the regulator relating to— the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of this Act), or higher-risk building work (as defined by [section 91ZA](#p00106) of the Building Act 1984), or in the case of a local authority, a function of the regulator relating to the regulation of any work for which the regulator is the building control authority by virtue of [section 91ZB](#p00107) of the Building Act 1984.
- “*relevant function*” means— a function of the regulator relating to— the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) of this Act), or higher-risk building work (as defined by [section 91ZA](#p00106) of the Building Act 1984), or in the case of a local authority, a function of the regulator relating to the regulation of any work for which the regulator is the building control authority by virtue of [section 91ZB](#p00107) of the Building Act 1984.
- (9) A direction or consent under this section must be in writing.
@@ -314,7 +314,7 @@
- “*FSO authorised person*” means a person authorised as mentioned in article 25(1)(e) of the Regulatory Reform (Fire Safety) Order 2005;
- “*relevant function*” means a function of the regulator relating to— the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of this Act), or higher-risk building work (as defined by [section 91ZA](#p00106) of the Building Act 1984).
- “*relevant function*” means a function of the regulator relating to— the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) of this Act), or higher-risk building work (as defined by [section 91ZA](#p00106) of the Building Act 1984).
#### Provision of assistance etc: supplementary
@@ -406,7 +406,7 @@
- (8) If the committee mentioned in section 11 has not been established at the time the first plan is prepared—
- (a) [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/17/3/2024-01-01) has effect as if it did not require the committee to be consulted before the plan is submitted, and
- (a) [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/17/3/2024-01-16) has effect as if it did not require the committee to be consulted before the plan is submitted, and
- (b) the committee must be consulted in relation to the first approved plan as soon as reasonably practicable.
@@ -436,13 +436,13 @@
- (b) must relate to the remainder of the period to which the current plan relates (or to such other period as the Secretary of State and the regulator may agree).
- (5) Section 17[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/17/3/2024-01-01) to [(6)](https://www.legislation.gov.uk/ukpga/2022/30/section/17/6/2024-01-01) apply in relation to a revised plan.
- (5) Section 17[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/17/3/2024-01-16) to [(6)](https://www.legislation.gov.uk/ukpga/2022/30/section/17/6/2024-01-16) apply in relation to a revised plan.
- (6) If approved, the revised plan replaces the current plan.
- (7) In this section—
- “*current plan*” means the first plan mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/18/2/2024-01-01) or [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/18/3/2024-01-01) (as the case may be);
- “*current plan*” means the first plan mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/18/2/2024-01-16) or [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/18/3/2024-01-16) (as the case may be);
- “*plan*” means a strategic plan as defined by section 17.
@@ -478,9 +478,9 @@
- (ii) the interests of persons including any description of such residents or owners.
- (2) A statement under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/20/1/2024-01-01) must, in particular, include information about the regulator’s engagement with residents of higher-risk buildings who are disabled.
- (3) A statement under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/20/1/2024-01-01) may be published by including it in the regulator’s annual report.
- (2) A statement under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/20/1/2024-01-16) must, in particular, include information about the regulator’s engagement with residents of higher-risk buildings who are disabled.
- (3) A statement under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/20/1/2024-01-16) may be published by including it in the regulator’s annual report.
- (4) In this section—
@@ -540,9 +540,9 @@
##### 22
- (1) The regulator may authorise a person in relation to specified paragraphs of [Schedule 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-01) (investigatory powers), for the purposes of any specified relevant building function.
- (2) A person may be authorised in relation to a paragraph of [the Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/1/2024-01-01) only if they appear to the regulator to be suitably qualified to exercise any power conferred by virtue of that paragraph or do anything else mentioned in that paragraph.
- (1) The regulator may authorise a person in relation to specified paragraphs of [Schedule 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-16) (investigatory powers), for the purposes of any specified relevant building function.
- (2) A person may be authorised in relation to a paragraph of [the Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/1/2024-01-16) only if they appear to the regulator to be suitably qualified to exercise any power conferred by virtue of that paragraph or do anything else mentioned in that paragraph.
- (3) An authorisation—
@@ -550,13 +550,13 @@
- (b) may be varied or revoked by an instrument in writing.
- (4) When exercising or seeking to exercise a power conferred by virtue of [Schedule 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-01), an authorised officer must if asked produce the authorisation (including any instrument varying it) or a duly authenticated copy.
- (4) When exercising or seeking to exercise a power conferred by virtue of [Schedule 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-16), an authorised officer must if asked produce the authorisation (including any instrument varying it) or a duly authenticated copy.
- (5) In this section—
- “*authorised officer*” means a person in respect of whom an authorisation under this section is in force;
- “*relevant building function*” means any function of the regulator under, or under an instrument made under— [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of this Act (higher-risk buildings), or the Building Act 1984;
- “*relevant building function*” means any function of the regulator under, or under an instrument made under— [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) of this Act (higher-risk buildings), or the Building Act 1984;
- “*specified*” means specified in the authorisation.
@@ -574,9 +574,9 @@
- “*relevant building function*” has the meaning given by that section.
- (4) A person guilty of an offence under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/23/1/2024-01-01) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (5) A person guilty of an offence under [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/23/2/2024-01-01) is liable on summary conviction to a fine.
- (4) A person guilty of an offence under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/23/1/2024-01-16) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (5) A person guilty of an offence under [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/23/2/2024-01-16) is liable on summary conviction to a fine.
#### Provision of false or misleading information to regulator
@@ -594,7 +594,7 @@
- (2) In this section—
- “*building enactment*” means any provision of, or of an instrument made under— [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) or [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of this Act, or the Building Act 1984;
- “*building enactment*” means any provision of, or of an instrument made under— [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) or [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) of this Act, or the Building Act 1984;
- “*enforcement action*” means action taken with a view to, or in connection with— securing compliance with a building enactment or a requirement imposed by virtue of such an enactment, or the imposition of a sanction in respect of a contravention of any such enactment or requirement.
@@ -614,7 +614,7 @@
- (2) A prescribed person may, before the end of a period prescribed for the purposes of this subsection, give a notice to the regulator requiring it to carry out a review of the decision in accordance with this section.
- (3) A notice under [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/2/2024-01-01) must—
- (3) A notice under [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/2/2024-01-16) must—
- (a) contain prescribed information,
@@ -636,7 +636,7 @@
- (b) the regulator must, as soon as reasonably practicable after the end of that period, notify the person of that fact.
- (9) The decisions that may be prescribed under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/1/2024-01-01) are any decisions of the regulator under, or under an instrument made under, this Act or the Building Act 1984 except—
- (9) The decisions that may be prescribed under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/1/2024-01-16) are any decisions of the regulator under, or under an instrument made under, this Act or the Building Act 1984 except—
- (a) a decision made on an appeal to the regulator, or
@@ -654,7 +654,7 @@
##### 26
- (1) This section applies to a right of appeal against a decision of a kind prescribed under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/1/2024-01-01) of section 25.
- (1) This section applies to a right of appeal against a decision of a kind prescribed under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/1/2024-01-16) of section 25.
- (2) The right of appeal may be exercised only if the decision has been reviewed under that section.
@@ -672,19 +672,19 @@
##### 27
- (1) [Schedule 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-01)—
- (1) [Schedule 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-16)—
- (a) imposes duties of cooperation on the regulator and other persons, and
- (b) confers powers to share information on the regulator and other persons.
- (2) Except as provided by [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/27/3/2024-01-01), the disclosure of information under [Schedule 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-01) does not breach—
- (2) Except as provided by [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/27/3/2024-01-16), the disclosure of information under [Schedule 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-16) does not breach—
- (a) any obligation of confidence owed by the person making the disclosure, or
- (b) any other restriction on the disclosure of information (however imposed).
- (3) [Schedule 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-01) does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by the Schedule).
- (3) [Schedule 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-16) does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by the Schedule).
#### Fees and charges
@@ -714,7 +714,7 @@
- (5) In this section “*relevant function*” means —
- (a) any function of the regulator under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) or [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01), or
- (a) any function of the regulator under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) or [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16), or
- (b) any function of the regulator under the Health and Safety at Work etc Act 1974 that is a building function.
@@ -724,13 +724,13 @@
- (b) charge fees for such services at a rate agreed with the person.
- (7) Nothing in [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/28/6/2024-01-01) limits any other power of the regulator to charge for a service provided by it.
- (7) Nothing in [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/28/6/2024-01-16) limits any other power of the regulator to charge for a service provided by it.
#### Service of documents
##### 29
- (1) This section applies to a document required or authorised under this Part or [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01), or regulations under either Part, to be given to a person; but this is subject to [subsection (11)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/11/2024-01-01).
- (1) This section applies to a document required or authorised under this Part or [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16), or regulations under either Part, to be given to a person; but this is subject to [subsection (11)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/11/2024-01-16).
- (2) The document may be given by—
@@ -744,9 +744,9 @@
- (3) The document may—
- (a) in the case of a body corporate, be given in accordance with [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/2024-01-01) to an officer of the body;
- (b) in the case of a partnership, be given in accordance with [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/2024-01-01) to a partner.
- (a) in the case of a body corporate, be given in accordance with [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/2024-01-16) to an officer of the body;
- (b) in the case of a partnership, be given in accordance with [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/2024-01-16) to a partner.
- (4) For the purposes of this section, the “proper address” of a person (except an authorised officer of the regulator) is—
@@ -774,19 +774,19 @@
the document may be given by addressing it to the owner or resident of the premises (naming the premises) or the accountable person of the building (naming the building) and fixing it to a conspicuous part of the premises or building.
- (7) A document left as mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/b/2024-01-01) is treated as given when it was left.
- (8) A document sent as mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/c/2024-01-01) is treated as given 48 hours after it was sent, unless the contrary is proved.
- (9) A document sent as mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/2024-01-01)[(d)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/d/2024-01-01) is treated as given 24 hours after it was sent, unless the contrary is proved.
- (10) A document fixed as mentioned in [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/6/2024-01-01) is treated as given 48 hours after it was fixed.
- (11) This section does not apply to the giving of a document for which other provision is made by or under this Part or [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (7) A document left as mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/b/2024-01-16) is treated as given when it was left.
- (8) A document sent as mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/c/2024-01-16) is treated as given 48 hours after it was sent, unless the contrary is proved.
- (9) A document sent as mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/2024-01-16)[(d)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/2/d/2024-01-16) is treated as given 24 hours after it was sent, unless the contrary is proved.
- (10) A document fixed as mentioned in [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/29/6/2024-01-16) is treated as given 48 hours after it was fixed.
- (11) This section does not apply to the giving of a document for which other provision is made by or under this Part or [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
- (12) In this section—
- “*accountable person*” has the same meaning as in [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) (see section 72);
- “*accountable person*” has the same meaning as in [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) (see section 72);
- “*agreed*” means agreed in writing;
@@ -800,9 +800,9 @@
##### 30
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01)—
- “*building*” (except in section 28[(6)](https://www.legislation.gov.uk/ukpga/2022/30/section/28/6/2024-01-01)) means any permanent or temporary building in England except a building of a prescribed description;
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16)—
- “*building*” (except in section 28[(6)](https://www.legislation.gov.uk/ukpga/2022/30/section/28/6/2024-01-16)) means any permanent or temporary building in England except a building of a prescribed description;
- “*building function*” has the meaning given by section 3;
@@ -832,15 +832,15 @@
- “*the regulator*” has the meaning given by section 2;
- “*resident*” and “resident of a higher-risk building” have the same meaning as in Part 4 (see section 71[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/3/2024-01-01) and [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/4/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/4/c/2024-01-01));
- “*resident*” and “resident of a higher-risk building” have the same meaning as in Part 4 (see section 71[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/3/2024-01-16) and [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/4/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/4/c/2024-01-16));
- “*residential unit*” means— a dwelling, or any other unit of living accommodation;
- “*standard*”: any reference to the standard of a building is to its standard from a technical perspective.
- (2) In [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/30/1/2024-01-01), in the definition of “local authority”, “*relevant unitary authority*” means a council for a county in England so far as it is the council for an area for which there are no district councils.
- (3) The Secretary of State may by regulations provide that in any prescribed provision of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) a reference to a building includes any of the following—
- (2) In [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/30/1/2024-01-16), in the definition of “local authority”, “*relevant unitary authority*” means a council for a county in England so far as it is the council for an area for which there are no district councils.
- (3) The Secretary of State may by regulations provide that in any prescribed provision of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) a reference to a building includes any of the following—
- (a) any other structure or erection of any kind (whether temporary or permanent);
@@ -854,7 +854,7 @@
##### 31
In the Building Act 1984 after [section 120C](#p00683) (inserted by [Schedule 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/2024-01-01)) insert—
In the Building Act 1984 after [section 120C](#p00683) (inserted by [Schedule 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/2024-01-16)) insert—
> (120D)
> (1) This section applies for the purposes of this Act as it applies in relation to England.
@@ -1204,13 +1204,13 @@
- (3) In section 47(4)(b) (time when initial notice ceases to be in force) for “below”, in the first place it occurs, substitute “(final certificates) and [section 53A](#p00149) (lapse of initial notice)”.
- (4) In section 50 (plans certificates) omit [subsection (8)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/8/2024-01-01).
- (5) In section 52 (cancellation of initial notice) omit [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/5/2024-01-01).
- (6) In section 53[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/53/2/2024-01-01) (effect of initial notice ceasing to be in force: general)—
- (a) at the end of [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/6/a/2024-01-01) insert “and”;
- (4) In section 50 (plans certificates) omit [subsection (8)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/8/2024-01-16).
- (5) In section 52 (cancellation of initial notice) omit [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/5/2024-01-16).
- (6) In section 53[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/53/2/2024-01-16) (effect of initial notice ceasing to be in force: general)—
- (a) at the end of [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/6/a/2024-01-16) insert “and”;
- (b) omit paragraph (c) and the “and” immediately before it.
@@ -1232,14 +1232,14 @@
- (8) In section 54(4)—
- (a) omit the “and” at the end of [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/8/a/2024-01-01);
- (b) after [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/8/b/2024-01-01) insert
- (a) omit the “and” at the end of [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/8/a/2024-01-16);
- (b) after [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/8/b/2024-01-16) insert
> , and
> (c) with the substitution, in subsection (2)(d), of a reference to paragraph 4A of Schedule 4 for the reference to section 53A.
- (9) [Schedule 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/2024-01-01) is amended as follows.
- (9) [Schedule 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/2024-01-16) is amended as follows.
- (10) In paragraph 1(1) for “below” substitute “(final certificates) and paragraph 4A (lapse of public body’s notice)”.
@@ -1384,7 +1384,7 @@
> (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.
- (3) In section 36[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/4/2024-01-01) (time limit for notices requiring removal or alteration of non-compliant work) for “12 months” substitute “10 years”.
- (3) In section 36[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/4/2024-01-16) (time limit for notices requiring removal or alteration of non-compliant work) for “12 months” substitute “10 years”.
#### Liability of officers of body corporate etc
@@ -1626,7 +1626,7 @@
> (5) Where the regulatory authority is the regulator, it—
> (a) may make, vary or revoke a delegation only with the consent of the Secretary of State;
> (b) must vary or revoke a delegation if directed to do so by the Secretary of State.
> (6) Section [58Z9](#p00221) of this Act (sharing of information between regulatory authorities) and Schedule [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-01) to the Building Safety Act 2022 (information sharing between regulator and other authorities) apply as if references to the regulator included references to a person to whom the regulator has delegated functions under this section.
> (6) Section [58Z9](#p00221) of this Act (sharing of information between regulatory authorities) and Schedule [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-16) to the Building Safety Act 2022 (information sharing between regulator and other authorities) apply as if references to the regulator included references to a person to whom the regulator has delegated functions under this section.
> (7) The following provisions of this Act apply as if references to the Welsh Ministers included references to a person to whom the Welsh Ministers have delegated functions under this section—
> (a) section [58Z9](#p00221) (sharing of information between regulatory authorities);
> (b) section 91B (cooperation and sharing of information between Welsh Ministers and other authorities);
@@ -1747,7 +1747,7 @@
##### 43
Schedule [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/2024-01-01) amends the Building Act 1984 so as to—
Schedule [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/2024-01-16) amends the Building Act 1984 so as to—
- (a) transfer the functions of approved inspectors to registered building control approvers, and
@@ -1792,19 +1792,19 @@
- (a) in the heading for “Secretary of State” substitute “appropriate national authority”;
- (b) in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/1/2024-01-01)—
- (b) in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/1/2024-01-16)—
- (i) for “Secretary of State” substitute “appropriate national authority”;
- (ii) for “he” substitute “it”;
- (c) in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/2/2024-01-01)—
- (c) in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/2/2024-01-16)—
- (i) for “Secretary of State” substitute “appropriate national authority”;
- (ii) for the words from “make an order” to the end substitute “make a transfer order in respect of the body in default.”;
- (d) after [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/2/2024-01-01) insert—
- (d) after [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/2/2024-01-16) insert—
> (3) The Secretary of State must consult the regulator before making an order under subsection (1) or (2).
> (4) The Secretary of State may also make a transfer order in respect of a local authority if—
@@ -1830,33 +1830,33 @@
;
- (c) in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/1/2024-01-01)—
- (i) for the words before [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/3/a/2024-01-01) substitute “The amount of any expenses certified by the appropriate national authority as having been incurred by the authority in discharging the transferred functions”;
- (ii) in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/3/a/2024-01-01) for “him” substitute “the authority”;
- (iii) in [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/3/b/2024-01-01) for the words from “him” to the end substitute “the authority from the body as a debt due to the authority”;
- (d) in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/2/2024-01-01) for “Secretary of State” substitute “appropriate national authority”.
- (c) in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/1/2024-01-16)—
- (i) for the words before [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/3/a/2024-01-16) substitute “The amount of any expenses certified by the appropriate national authority as having been incurred by the authority in discharging the transferred functions”;
- (ii) in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/3/a/2024-01-16) for “him” substitute “the authority”;
- (iii) in [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/3/b/2024-01-16) for the words from “him” to the end substitute “the authority from the body as a debt due to the authority”;
- (d) in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/4/2/2024-01-16) for “Secretary of State” substitute “appropriate national authority”.
- (4) In section 118 (variation or revocation of transfer order)—
- (a) in [subsection (1)—](https://www.legislation.gov.uk/ukpga/2022/30/section/45/1/2024-01-01)
- (a) in [subsection (1)—](https://www.legislation.gov.uk/ukpga/2022/30/section/45/1/2024-01-16)
- (i) for “Secretary of State” substitute “appropriate national authority”;
- (ii) for “an order under section 116[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/116/2/2024-01-01)” substitute “a transfer order under section 116”;
- (ii) for “an order under section 116[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/116/2/2024-01-16)” substitute “a transfer order under section 116”;
- (iii) for “he” substitute “it”;
- (b) after [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/45/1/2024-01-01) insert—
- (b) after [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/45/1/2024-01-16) insert—
> (1A) The Secretary of State must consult the regulator before making an order under subsection (1).
;
- (c) in [subsection (2)—](https://www.legislation.gov.uk/ukpga/2022/30/section/45/2/2024-01-01)
- (c) in [subsection (2)—](https://www.legislation.gov.uk/ukpga/2022/30/section/45/2/2024-01-16)
- (i) for “Secretary of State” substitute “appropriate national authority”;
@@ -2006,7 +2006,7 @@
;
- (b) in subsection (4) for “certificate under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/49/1/2024-01-01) above” substitute “plans certificate”;
- (b) in subsection (4) for “certificate under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/49/1/2024-01-16) above” substitute “plans certificate”;
- (c) after subsection (7) insert—
@@ -2015,7 +2015,7 @@
> (b) about the consequences of failing to comply with such a requirement (for example, for an initial notice to cease to have effect in whole or in part);
> (c) requiring a plans certificate stating that the condition in [subsection (1A)](#p00252)[(a)](#p00253)[(ii)](#p00254) is met to include prescribed information about the further plans that the registered building control approver considers need to be provided.
- (3) In [paragraph 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/paragraph/2/2024-01-01) of [Schedule 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/2024-01-01) (public body’s plans certificates)—
- (3) In [paragraph 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/paragraph/2/2024-01-16) of [Schedule 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/2024-01-16) (public body’s plans certificates)—
- (a) for sub-paragraph (1) substitute—
@@ -2046,11 +2046,11 @@
- (1) Section 52 of the Building Act 1984 (cancellation of initial notice) is amended in accordance with this section.
- (2) In [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/1/2024-01-01)—
- (a) omit the “or” after [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/2/b/2024-01-01);
- (b) after [paragraph (c)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/2/c/2024-01-01), insert—
- (2) In [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/1/2024-01-16)—
- (a) omit the “or” after [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/2/b/2024-01-16);
- (b) after [paragraph (c)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/2/c/2024-01-16), insert—
> (d) the registered building control approver is given a disciplinary order under section [58U](#p00198)[(2)](#p00199)[(b)](#p00201) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates,
> (e) the registered building control approver is given a disciplinary order under section [58U](#p00198)[(2)](#p00199)[(c)](#p00202) (suspension of registration) or an order under section [58V](#p00204) (interim suspension for suspected serious contravention), or
@@ -2060,16 +2060,16 @@
- (c) for “approved inspector shall” substitute “registered building control approver, or in the case of paragraph (e) the person shown in the initial notice as the registered building control approver, must”.
- (3) For [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/3/2024-01-01) substitute—
- (3) For [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/3/2024-01-16) substitute—
> (3) If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work to which the notice relates that—
> (a) the registered building control approver is no longer willing or able to carry out the registered building control approver’s functions with respect to any of that work, or
> (b) a prescribed circumstance exists,
> the person must cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the registered building control approver.
- (4) In [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/4/2024-01-01), after “subsection” insert “(1) or”.
- (5) After [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/5/2024-01-01) insert—
- (4) In [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/4/2024-01-16), after “subsection” insert “(1) or”.
- (5) After [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/5/2024-01-16) insert—
> (5A) If, at a time when an initial notice is in force, it appears to the local authority concerned that a condition in subsection [(5B)](#p00267) is satisfied, the authority must cancel the initial notice by notice in the prescribed form given to—
> (a) the person shown in the initial notice as the registered building control approver, and
@@ -2081,7 +2081,7 @@
> (d) the registered building control approver has their registration cancelled under section [58Z6](#p00217)[(2)](#p00218) (serious contravention notices);
> (e) a prescribed circumstance exists.
- (6) After [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/6/2024-01-01) insert—
- (6) After [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/50/6/2024-01-16) insert—
> (7) Before cancelling an initial notice under subsection [(5A)](#p00266) based on a condition in subsection [(5B)](#p00267)[(a)](#p00268), [(b)](#p00269) or [(e)](#p00271), the local authority must—
> (a) give the person shown in the initial notice as the registered building control approver a notice in the prescribed form at least seven days before the day on which the initial notice is to be cancelled, and
@@ -2192,7 +2192,7 @@
- (3) In section 47 of the Building Act 1984 (giving and acceptance of initial notice)—
- (a) in [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/4/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/4/b/2024-01-01), after sub-paragraph [(ia)](#p00243) (inserted by section 46) insert—
- (a) in [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/4/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/4/b/2024-01-16), after sub-paragraph [(ia)](#p00243) (inserted by section 46) insert—
> (ib) it is cancelled by a notice under section [53D](#p00289), or
@@ -2204,20 +2204,20 @@
- (4) In section 55 of the Building Act 1984 (appeals)—
- (a) in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/1/2024-01-01)—
- (i) omit the “or” after [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/4/a/2024-01-01);
- (ii) after [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/4/b/2024-01-01) insert
- (a) in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/1/2024-01-16)—
- (i) omit the “or” after [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/4/a/2024-01-16);
- (ii) after [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/4/b/2024-01-16) insert
> or
> (c) a transfer certificate and a transfer report,
;
- (b) in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/2/2024-01-01)(a), after “notice” insert “, report”;
- (c) in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/2/2024-01-01)(b), after “notice” insert “, report”.
- (b) in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/2/2024-01-16)(a), after “notice” insert “, report”;
- (c) in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/2/2024-01-16)(b), after “notice” insert “, report”.
#### Information gathering
@@ -2286,7 +2286,7 @@
> (4) The regulator may delegate functions under subsection [(1)](#p00307) only with the consent of the Secretary of State.
> (5) The regulator may revoke a delegation of functions to a person by giving a written notice to the person.
> (6) The regulator may revoke a delegation under subsection [(5)](#p00309) only with the consent of the Secretary of State.
> (7) Schedule [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-01) to the Building Safety Act 2022 (information sharing) applies as if references to the regulator included references to a person to whom the regulator has delegated functions under subsection [(1)](#p00307)[(b)](#p00308).
> (7) Schedule [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-16) to the Building Safety Act 2022 (information sharing) applies as if references to the regulator included references to a person to whom the regulator has delegated functions under subsection [(1)](#p00307)[(b)](#p00308).
- (2) In section 55 of the Building Act 1984 (appeals), after subsection (3) insert—
@@ -2328,17 +2328,17 @@
##### 55
[Schedule 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/2024-01-01) contains—
[Schedule 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/2024-01-16) contains—
- (a) minor amendments of the Building Act 1984, and
- (b) amendments consequential on provision made by [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-01).
- (b) amendments consequential on provision made by [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-16).
#### Appeals
##### 56
[Schedule 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/2024-01-01) makes provision about appeals under the Building Act 1984, including provision providing for—
[Schedule 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/2024-01-16) makes provision about appeals under the Building Act 1984, including provision providing for—
- (a) certain appeals to be made to the regulator instead of the Secretary of State,
@@ -2350,7 +2350,7 @@
##### 57
In the Building Act 1984 after [section 105A](#p00694) (inserted by [paragraph 29](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/paragraph/29/2024-01-01) of [Schedule 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/2024-01-01)) insert—
In the Building Act 1984 after [section 105A](#p00694) (inserted by [paragraph 29](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/paragraph/29/2024-01-16) of [Schedule 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/2024-01-16)) insert—
> (105B)
> (1) The appropriate national authority may by regulations make provision authorising a relevant authority—
@@ -2469,13 +2469,13 @@
##### 61
- (1) [This Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) contains provisions about the management of building safety risks as regards occupied higher-risk buildings.
- (2) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01)—
- (1) [This Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) contains provisions about the management of building safety risks as regards occupied higher-risk buildings.
- (2) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16)—
- (a) sections 62 to 64 define “building safety risk” and make related provision;
- (b) sections 65 to 70 define “higher-risk building”, make related provision, and confer power to modify [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) as it applies in relation to any description of higher-risk building;
- (b) sections 65 to 70 define “higher-risk building”, make related provision, and confer power to modify [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) as it applies in relation to any description of higher-risk building;
- (c) sections 71 to 75 contain other key definitions, including—
@@ -2499,9 +2499,9 @@
- (h) sections 95 to 97 impose duties on residents and make provision for the enforcement of those duties;
- (i) section 98 to 101 contain provisions about the enforcement of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01);
- (j) section 102 and [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01) provide for the appointment of a special measures manager, to undertake duties under [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) in place of an accountable person, and make further provision in connection with that appointment;
- (i) section 98 to 101 contain provisions about the enforcement of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16);
- (j) section 102 and [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16) provide for the appointment of a special measures manager, to undertake duties under [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) in place of an accountable person, and make further provision in connection with that appointment;
- (k) sections 103 to 107 contain provisions about appeals;
@@ -2509,7 +2509,7 @@
- (m) sections 112 to 114 provide for certain terms to be implied into leases, and contain other provisions affecting the relationship between landlord and tenant or affecting commonholds;
- (n) section 115 contains definitions applying for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (n) section 115 contains definitions applying for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
### Meaning of “building safety risk”
@@ -2517,7 +2517,7 @@
##### 62
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) “*building safety risk*” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building—
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) “*building safety risk*” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building—
- (a) the spread of fire;
@@ -2525,7 +2525,7 @@
- (c) any other prescribed matter.
- (2) Before making regulations under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/c/2024-01-01), the Secretary of State must consult—
- (2) Before making regulations under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/c/2024-01-16), the Secretary of State must consult—
- (a) the regulator, and
@@ -2543,11 +2543,11 @@
- (1) The regulator may recommend that the Secretary of State makes regulations under section 62.
- (2) The regulator may make a recommendation to prescribe a matter under section 62[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/c/2024-01-01) for any higher-risk building only if it considers that if the matter occurred as regards a higher-risk building it would have the potential to cause a major incident.
- (3) The regulator may make a recommendation to prescribe a matter under section 62[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/c/2024-01-01) for a description of higher-risk building only if it considers that if the matter occurred as regards a higher-risk building of that description it would have the potential to cause a major incident.
- (4) The regulator may make a recommendation to prescribe a matter under section 62[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/c/2024-01-01) for a description of building that is not a higher-risk building only if—
- (2) The regulator may make a recommendation to prescribe a matter under section 62[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/c/2024-01-16) for any higher-risk building only if it considers that if the matter occurred as regards a higher-risk building it would have the potential to cause a major incident.
- (3) The regulator may make a recommendation to prescribe a matter under section 62[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/c/2024-01-16) for a description of higher-risk building only if it considers that if the matter occurred as regards a higher-risk building of that description it would have the potential to cause a major incident.
- (4) The regulator may make a recommendation to prescribe a matter under section 62[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/c/2024-01-16) for a description of building that is not a higher-risk building only if—
- (a) it considers that—
@@ -2555,11 +2555,11 @@
- (ii) the risk of the matter occurring is greater for that description of buildings than it is for buildings that are not of that description, and
- (iii) [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) should apply (with or without modifications) in relation to buildings of that description, and
- (b) it also recommends that buildings of that description should be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) (and, if section 69[(2)](#p00091)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/69/2/b/2024-01-01) applies, makes a recommendation of the kind mentioned there).
- (5) The regulator may make a recommendation to make regulations that would result in a matter ceasing to be prescribed under section 62[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/c/2024-01-01) only if—
- (iii) [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) should apply (with or without modifications) in relation to buildings of that description, and
- (b) it also recommends that buildings of that description should be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) (and, if section 69[(2)](#p00091)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/69/2/b/2024-01-16) applies, makes a recommendation of the kind mentioned there).
- (5) The regulator may make a recommendation to make regulations that would result in a matter ceasing to be prescribed under section 62[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/1/c/2024-01-16) only if—
- (a) where the matter is prescribed for any higher-risk building, it considers that if the matter occurred as regards a higher-risk building it would not have the potential to cause a major incident;
@@ -2575,7 +2575,7 @@
- (c) the reasons for that decision.
- (8) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) “*major incident*” means an incident resulting in—
- (8) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) “*major incident*” means an incident resulting in—
- (a) a significant number of deaths, or
@@ -2593,7 +2593,7 @@
##### 65
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) “*higher-risk building*” means a building in England that—
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) “*higher-risk building*” means a building in England that—
- (a) is at least 18 metres in height or has at least 7 storeys, and
@@ -2609,13 +2609,13 @@
- (c) provide that “*higher-risk building*” does not include a building of a prescribed description.
- (4) Regulations made by virtue of [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/3/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/3/a/2024-01-01) may in particular define “building” so as to provide that it includes—
- (4) Regulations made by virtue of [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/3/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/3/a/2024-01-16) may in particular define “building” so as to provide that it includes—
- (a) any other structure or erection of any kind (whether temporary or permanent);
- (b) any vehicle, vessel or other movable object of any kind, in such circumstances as may be prescribed.
- (5) The Secretary of State may by regulations amend this section (other than [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/2/2024-01-01) or [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/65/5/2024-01-01)).
- (5) The Secretary of State may by regulations amend this section (other than [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/2/2024-01-16) or [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/65/5/2024-01-16)).
- (6) For the meaning of “residential unit” see section 115.
@@ -2631,7 +2631,7 @@
- (2) But the regulator need not be consulted if—
- (a) the regulations give effect to a recommendation made by the regulator under section 63[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/63/4/2024-01-01) or 69, or
- (a) the regulations give effect to a recommendation made by the regulator under section 63[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/63/4/2024-01-16) or 69, or
- (b) the Secretary of State has under section 70 asked the regulator for advice about the description of building in question.
@@ -2639,7 +2639,7 @@
##### 67
- (1) This section applies if the Secretary of State proposes to make regulations under section 65 that would result in a description of building (including anything within [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/4/2024-01-01) of that section) becoming a higher-risk building for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (1) This section applies if the Secretary of State proposes to make regulations under section 65 that would result in a description of building (including anything within [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/4/2024-01-16) of that section) becoming a higher-risk building for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
- (2) The Secretary of State must ask the regulator under section 70[(1)](#p00096) for advice about the description of building, except where the regulations would give effect to a recommendation under section 69[(2)](#p00091).
@@ -2663,7 +2663,7 @@
##### 68
- (1) The Secretary of State may make regulations modifying [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) as it applies in relation to a prescribed description of higher-risk building.
- (1) The Secretary of State may make regulations modifying [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) as it applies in relation to a prescribed description of higher-risk building.
- (2) Before making the regulations, the Secretary of State must consult—
@@ -2671,7 +2671,7 @@
- (b) such other persons as the Secretary of State considers appropriate.
- (3) But the regulator need not be consulted if the regulations give effect to a recommendation under section 63[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/63/4/2024-01-01), 69 or 70.
- (3) But the regulator need not be consulted if the regulations give effect to a recommendation under section 63[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/63/4/2024-01-16), 69 or 70.
#### Recommendations about definition of “higher-risk building” etc
@@ -2683,21 +2683,21 @@
- (b) that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and
- (c) that [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) should apply (with or without modifications) in relation to buildings of that description.
- (c) that [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) should apply (with or without modifications) in relation to buildings of that description.
- (2) The regulator must—
- (a) recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01),
- (b) if it considers that regulations under section 68 should be made modifying [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) as it applies in relation to that description of building, make a recommendation to the Secretary of State to that effect, and
- (c) give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under [paragraph (a)](#p00092) and any recommendation under [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/69/2/b/2024-01-01).
- (3) [Subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/69/4/2024-01-01) applies if—
- (a) recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16),
- (b) if it considers that regulations under section 68 should be made modifying [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) as it applies in relation to that description of building, make a recommendation to the Secretary of State to that effect, and
- (c) give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under [paragraph (a)](#p00092) and any recommendation under [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/69/2/b/2024-01-16).
- (3) [Subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/69/4/2024-01-16) applies if—
- (a) following a recommendation under [subsection (2)](#p00091)[(a)](#p00092) the Secretary of State decides not to make regulations under section 65 giving effect to the recommendation, or
- (b) following a recommendation under [subsection (2)](#p00091)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/69/2/b/2024-01-01) the Secretary of State decides not to make regulations under section 68 giving effect to the recommendation.
- (b) following a recommendation under [subsection (2)](#p00091)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/69/2/b/2024-01-16) the Secretary of State decides not to make regulations under section 68 giving effect to the recommendation.
- (4) The Secretary of State must publish a document setting out—
@@ -2707,7 +2707,7 @@
- (c) the reasons for that decision.
- (5) If the regulator considers that [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) should not apply in relation to a particular description of higher-risk building, it must recommend to the Secretary of State that buildings of that description should cease to be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (5) If the regulator considers that [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) should not apply in relation to a particular description of higher-risk building, it must recommend to the Secretary of State that buildings of that description should cease to be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
- (6) For the meaning of “major incident” see section 63.
@@ -2715,7 +2715,7 @@
##### 70
- (1) [Subsections (2)](#p00097) to [(6)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/6/2024-01-01) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (1) [Subsections (2)](#p00097) to [(6)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/6/2024-01-16) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
- (2) The regulator must consider whether the following conditions are met—
@@ -2723,25 +2723,25 @@
- (b) the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident;
- (c) the third condition is that buildings of that description should be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (c) the third condition is that buildings of that description should be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
- (3) The regulator must—
- (a) if the conditions mentioned in [subsection (2)](#p00097) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01);
- (a) if the conditions mentioned in [subsection (2)](#p00097) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16);
- (b) otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes.
- (4) Where the regulator—
- (a) makes a recommendation under [subsection (3)](#p00098)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/3/a/2024-01-01), and
- (b) considers that regulations under section 68 should be made modifying [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) as it applies in relation to buildings of the specified description,
- (a) makes a recommendation under [subsection (3)](#p00098)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/3/a/2024-01-16), and
- (b) considers that regulations under section 68 should be made modifying [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) as it applies in relation to buildings of the specified description,
it must make a recommendation to the Secretary of State to that effect.
- (5) The regulator must give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under [subsection (3)](#p00098) and any recommendation under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/4/2024-01-01).
- (6) If, following a recommendation under [subsection (3)](#p00098)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/3/a/2024-01-01), the Secretary of State decides not to make regulations under section 65 giving effect to the recommendation, the Secretary of State must publish a document setting out—
- (5) The regulator must give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under [subsection (3)](#p00098) and any recommendation under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/4/2024-01-16).
- (6) If, following a recommendation under [subsection (3)](#p00098)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/3/a/2024-01-16), the Secretary of State decides not to make regulations under section 65 giving effect to the recommendation, the Secretary of State must publish a document setting out—
- (a) the regulator’s recommendation,
@@ -2749,7 +2749,7 @@
- (c) the reasons for that decision.
- (7) If requested, the regulator must provide advice to the Secretary of State as to whether higher-risk buildings of a specified description should cease to be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (7) If requested, the regulator must provide advice to the Secretary of State as to whether higher-risk buildings of a specified description should cease to be higher-risk buildings for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
- (8) In this section “*specified*” means specified by the Secretary of State in the request.
@@ -2759,7 +2759,7 @@
##### 71
- (1) The following provisions apply for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (1) The following provisions apply for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
- (2) A higher-risk building is “occupied” if there are residents of more than one residential unit in the building.
@@ -2771,7 +2771,7 @@
- (b) amend the definition of a “resident” of a higher-risk building;
- (c) define, for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01), the meaning of being a “resident” of a residential unit.
- (c) define, for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16), the meaning of being a “resident” of a residential unit.
- (5) See—
@@ -2783,21 +2783,21 @@
##### 72
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) an “accountable person” for a higher-risk building is—
- (a) a person who holds a legal estate in possession in any part of the common parts (subject to [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/2/2024-01-01)), or
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) an “accountable person” for a higher-risk building is—
- (a) a person who holds a legal estate in possession in any part of the common parts (subject to [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/2/2024-01-16)), or
- (b) a person who does not hold a legal estate in any part of the building but who is under a relevant repairing obligation in relation to any part of the common parts.
[This subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/72/1/2024-01-01) is subject to [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/5/2024-01-01) (special rule for commonhold land).
- (2) A person (“the estate owner”) who holds a legal estate in possession in the common parts of a higher-risk building or any part of them (“the relevant common parts”) is not an accountable person for the building by virtue of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/1/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/1/a/2024-01-01) if—
[This subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/72/1/2024-01-16) is subject to [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/5/2024-01-16) (special rule for commonhold land).
- (2) A person (“the estate owner”) who holds a legal estate in possession in the common parts of a higher-risk building or any part of them (“the relevant common parts”) is not an accountable person for the building by virtue of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/1/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/1/a/2024-01-16) if—
- (a) each long lease of which the estate owner is lessor provides that a particular person, who does not hold a legal estate in any part of the building, is under a relevant repairing obligation in relation to all of the relevant common parts, or
- (b) all repairing obligations relating to the relevant common parts which would otherwise be obligations of the estate owner are functions of an RTM company.
- (3) [Subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/4/2024-01-01) applies where—
- (3) [Subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/4/2024-01-16) applies where—
- (a) under a lease, a person (“the estate owner”) holds a legal estate in possession in the common parts of a higher-risk building or any part of them (“the relevant common parts”), and
@@ -2805,11 +2805,11 @@
- (4) For the purposes of this section and section 73—
- (a) the legal estate in possession in so much of the relevant common parts as are within [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/3/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/3/b/2024-01-01) is treated as held by the landlord (instead of the estate owner), and
- (b) if (and so far as) the landlord’s actual legal estate in those common parts is held under a lease, the legal estate in possession mentioned in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/4/a/2024-01-01) is treated as held under that lease (and, accordingly, [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/3/2024-01-01) and [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/72/4/2024-01-01) may apply in relation to it).
- (5) Where a higher-risk building is on commonhold land, the commonhold association is the accountable person for the building for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (a) the legal estate in possession in so much of the relevant common parts as are within [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/3/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/3/b/2024-01-16) is treated as held by the landlord (instead of the estate owner), and
- (b) if (and so far as) the landlord’s actual legal estate in those common parts is held under a lease, the legal estate in possession mentioned in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/4/a/2024-01-16) is treated as held under that lease (and, accordingly, [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/3/2024-01-16) and [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/72/4/2024-01-16) may apply in relation to it).
- (5) Where a higher-risk building is on commonhold land, the commonhold association is the accountable person for the building for the purposes of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
- (6) For the purposes of this section—
@@ -2825,13 +2825,13 @@
- “*RTM company*” has the same meaning as in Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage).
- (7) The Secretary of State may by regulations amend this section (other than [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/72/7/2024-01-01)).
- (7) The Secretary of State may by regulations amend this section (other than [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/72/7/2024-01-16)).
#### Meaning of “principal accountable person”
##### 73
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) the “principal accountable person” for a higher-risk building is—
- (1) In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) the “principal accountable person” for a higher-risk building is—
- (a) in relation to a building with one accountable person, that person;
@@ -2839,7 +2839,7 @@
- (i) holds a legal estate in possession in the relevant parts of the structure and exterior of the building, or
- (ii) is within section 72[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/1/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/1/b/2024-01-01) because of a relevant repairing obligation (within the meaning of that section) in relation to the relevant parts of the structure and exterior of the building.
- (ii) is within section 72[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/1/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/72/1/b/2024-01-16) because of a relevant repairing obligation (within the meaning of that section) in relation to the relevant parts of the structure and exterior of the building.
- (2) For the purposes of this section—
@@ -2847,13 +2847,13 @@
- (b) the reference to “*possession*” does not include the receipt of rents and profits or the right to receive the same.
- (3) [Subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/b/2024-01-01) is subject to section 75[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/2/2024-01-01) (powers of tribunal where more than one accountable person is within [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/b/2024-01-01)).
- (3) [Subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/b/2024-01-16) is subject to section 75[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/2/2024-01-16) (powers of tribunal where more than one accountable person is within [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/b/2024-01-16)).
#### Part of building for which an accountable person is responsible
##### 74
In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01), any reference to the part of a higher-risk building for which an accountable person is responsible is to such part of the building (including all of it) as is determined by or in accordance with regulations.
In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16), any reference to the part of a higher-risk building for which an accountable person is responsible is to such part of the building (including all of it) as is determined by or in accordance with regulations.
#### Determinations by the tribunal
@@ -2867,7 +2867,7 @@
- (c) the part of the building for which any accountable person for the building is responsible.
- (2) Where, on an application under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/1/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/1/b/2024-01-01), it appears to the tribunal that there is more than one accountable person within section 73[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/b/2024-01-01), the principal accountable person is such one of those accountable persons as the tribunal considers appropriate.
- (2) Where, on an application under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/1/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/1/b/2024-01-16), it appears to the tribunal that there is more than one accountable person within section 73[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/1/b/2024-01-16), the principal accountable person is such one of those accountable persons as the tribunal considers appropriate.
- (3) In this section “*interested person*” means—
@@ -2877,7 +2877,7 @@
- (c) a person who is under a relevant repairing obligation in relation to any part of the common parts (or who claims to be under such an obligation).
- (4) In [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/3/2024-01-01) “*relevant repairing obligation*” and “*common parts*” have the same meaning as in section 72.
- (4) In [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/3/2024-01-16) “*relevant repairing obligation*” and “*common parts*” have the same meaning as in section 72.
### Registration and certificates
@@ -2913,7 +2913,7 @@
- “*relevant part*” of a building, in relation to a residential unit, means a part of the building containing the residential unit;
- “*relevant residential unit*” means— in the case of works within [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/a/2024-01-01), any residential unit in the building; in the case of works within [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/b/2024-01-01), any additional residential unit; in the case of works within [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/c/2024-01-01), any residential unit in the building except one that existed before the works began.
- “*relevant residential unit*” means— in the case of works within [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/a/2024-01-16), any residential unit in the building; in the case of works within [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/b/2024-01-16), any additional residential unit; in the case of works within [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/76/1/c/2024-01-16), any residential unit in the building except one that existed before the works began.
#### Occupation: registration requirement
@@ -2975,7 +2975,7 @@
- (2) The principal accountable person for the building must make the application within the period of 28 days beginning with the day on which the direction is given.
- (3) A person who, without reasonable excuse, contravenes [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/79/2/2024-01-01) commits an offence.
- (3) A person who, without reasonable excuse, contravenes [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/79/2/2024-01-16) commits an offence.
- (4) A person guilty of an offence under this section is liable—
@@ -2993,7 +2993,7 @@
- (1) An application under section 79 must be accompanied by—
- (a) a copy of the most recent safety case report for the building unless a copy of that report has been provided under section 86[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/86/2/2024-01-01);
- (a) a copy of the most recent safety case report for the building unless a copy of that report has been provided under section 86[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/86/2/2024-01-16);
- (b) prescribed information about the mandatory occurrence reporting system operated by the principal accountable person;
@@ -3037,11 +3037,11 @@
- (a) must give a building assessment certificate if satisfied that all relevant duties are being complied with;
- (b) if not so satisfied, must (subject to [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/81/4/2024-01-01)) refuse the application and notify the principal accountable person of the refusal.
- (b) if not so satisfied, must (subject to [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/81/4/2024-01-16)) refuse the application and notify the principal accountable person of the refusal.
- (4) If the regulator considers that a contravention of a relevant duty can be remedied promptly—
- (a) the regulator may give a notice under [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/81/4/2024-01-01) to the principal accountable person containing a brief description of the contravention and specifying a period for remedying the contravention, and
- (a) the regulator may give a notice under [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/81/4/2024-01-16) to the principal accountable person containing a brief description of the contravention and specifying a period for remedying the contravention, and
- (b) if it does so, and the contravention is remedied within that period, it may give a building assessment certificate (instead of refusing the application).
@@ -3053,7 +3053,7 @@
- (c) section 85 (duties relating to safety case report);
- (d) section 87[(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/87/5/2024-01-01) (duties relating to mandatory occurrence reporting system);
- (d) section 87[(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/87/5/2024-01-16) (duties relating to mandatory occurrence reporting system);
- (e) section 89 (provision of information to regulator, residents etc);
@@ -3077,15 +3077,15 @@
- (b) the most recent building assessment certificate relating to the building;
- (c) any relevant compliance notice (see [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/5/2024-01-01)).
- (c) any relevant compliance notice (see [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/5/2024-01-16)).
- (2) Where a special measures order is in force in relation to an occupied higher-risk building—
- (a) [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/1/2024-01-01) has effect as if [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/1/b/2024-01-01) were omitted, and
- (a) [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/1/2024-01-16) has effect as if [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/1/b/2024-01-16) were omitted, and
- (b) the principal accountable person for the building must ensure that no building assessment certificate relating to the building is displayed in the building.
- (3) A person who, without reasonable excuse, contravenes [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/1/2024-01-01) or [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/2/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/2/b/2024-01-01) commits an offence.
- (3) A person who, without reasonable excuse, contravenes [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/1/2024-01-16) or [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/2/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/82/2/b/2024-01-16) commits an offence.
- (4) A person guilty of an offence under this section is liable—
@@ -3117,7 +3117,7 @@
- (c) at the direction of the regulator, within a period specified in the direction.
- (3) An assessment under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/83/1/2024-01-01) or [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/83/2/2024-01-01) must be suitable and sufficient for the purposes of enabling the accountable person to comply with their duties under section 84.
- (3) An assessment under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/83/1/2024-01-16) or [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/83/2/2024-01-16) must be suitable and sufficient for the purposes of enabling the accountable person to comply with their duties under section 84.
- (4) In this section “*the relevant time*” means—
@@ -3193,15 +3193,15 @@
- (2) The information that may be prescribed is information that relates to a building safety risk as regards the part of the building for which an accountable person is responsible.
- (3) In [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/87/1/2024-01-01) “*specified*” means specified in a direction given and published by the regulator.
- (4) A person who, without reasonable excuse, contravenes [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/87/1/2024-01-01) commits an offence and is liable on summary conviction to a fine.
- (3) In [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/87/1/2024-01-16) “*specified*” means specified in a direction given and published by the regulator.
- (4) A person who, without reasonable excuse, contravenes [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/87/1/2024-01-16) commits an offence and is liable on summary conviction to a fine.
- (5) The principal accountable person for an occupied higher-risk building must establish and operate an effective mandatory occurrence reporting system which complies with prescribed requirements.
- (6) A “mandatory occurrence reporting system” is a system for the giving of information to accountable persons for the building for the purpose of enabling them to comply with [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/87/1/2024-01-01).
- (7) Information provided by a person under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/87/1/2024-01-01) is not admissible in evidence against that person in criminal proceedings except—
- (6) A “mandatory occurrence reporting system” is a system for the giving of information to accountable persons for the building for the purpose of enabling them to comply with [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/87/1/2024-01-16).
- (7) Information provided by a person under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/87/1/2024-01-16) is not admissible in evidence against that person in criminal proceedings except—
- (a) in proceedings for an offence under section 24 or this section,
@@ -3227,7 +3227,7 @@
- (3) Where an accountable person does not hold prescribed information or a copy of a prescribed document, they must obtain it except where it is not practicable to do so.
- (4) The Secretary of State may by regulations make provision as to when the duties in [subsections (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/88/1/2024-01-01) to [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/88/3/2024-01-01) apply.
- (4) The Secretary of State may by regulations make provision as to when the duties in [subsections (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/88/1/2024-01-16) to [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/88/3/2024-01-16) apply.
#### Provision of information etc to the regulator, residents and other persons
@@ -3257,7 +3257,7 @@
- (3) The regulations may make exceptions to any duty imposed under the regulations.
- (4) Subject to [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/89/5/2024-01-01), the regulations may provide that the disclosure of information under this section does not breach—
- (4) Subject to [subsection (5)](https://www.legislation.gov.uk/ukpga/2022/30/section/89/5/2024-01-16), the regulations may provide that the disclosure of information under this section does not breach—
- (a) any obligation of confidence owed by the accountable person in relation to that information;
@@ -3289,7 +3289,7 @@
- (4) The outgoing person must give prescribed information to the regulator in the prescribed way, as soon as reasonably practicable after the relevant time.
- (5) Subject to [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/90/6/2024-01-01), regulations made by the Secretary of State under this section may provide that the disclosure of information under this section does not breach—
- (5) Subject to [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/90/6/2024-01-16), regulations made by the Secretary of State under this section may provide that the disclosure of information under this section does not breach—
- (a) any obligation of confidence owed by the outgoing person in relation to that information;
@@ -3297,7 +3297,7 @@
- (6) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).
- (7) A person who, without reasonable excuse, contravenes [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/90/2/2024-01-01) or [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/90/4/2024-01-01) commits an offence and is liable—
- (7) A person who, without reasonable excuse, contravenes [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/90/2/2024-01-16) or [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/90/4/2024-01-16) commits an offence and is liable—
- (a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
@@ -3325,7 +3325,7 @@
- (a) is about the management of the building, and
- (b) is made in connection with the performance of a duty of the accountable person under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (b) is made in connection with the performance of a duty of the accountable person under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
- (3) The strategy must include information about—
@@ -3349,7 +3349,7 @@
- (c) any prescribed person.
- (5) The duty under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/91/4/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/91/4/a/2024-01-01) does not apply in relation to a resident if the accountable person—
- (5) The duty under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/91/4/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/91/4/a/2024-01-16) does not apply in relation to a resident if the accountable person—
- (a) is not aware of the resident, and
@@ -3391,9 +3391,9 @@
- (b) the form in which information must be given under this section (and may in particular require that the information is given in an accessible form).
- (4) The Secretary of State may by regulations provide that in prescribed circumstances an accountable person is not required by [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/92/2/2024-01-01) to provide a copy of a document or some or all of the information requested.
- (5) Subject to [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/92/6/2024-01-01), the regulations may provide that the disclosure of information under this section does not breach—
- (4) The Secretary of State may by regulations provide that in prescribed circumstances an accountable person is not required by [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/92/2/2024-01-16) to provide a copy of a document or some or all of the information requested.
- (5) Subject to [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/92/6/2024-01-16), the regulations may provide that the disclosure of information under this section does not breach—
- (a) any obligation of confidence owed by the person making the disclosure, or
@@ -3419,7 +3419,7 @@
- (4) In this section—
- “*relevant complaint*” means a complaint relating to— a building safety risk as regards the building, or the performance by an accountable person for the building of any duty under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01);
- “*relevant complaint*” means a complaint relating to— a building safety risk as regards the building, or the performance by an accountable person for the building of any duty under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16);
- “*the relevant time*” has the meaning given by section 85.
@@ -3447,7 +3447,7 @@
- (a) a building safety risk as regards an occupied higher-risk building,
- (b) the performance by an accountable person for an occupied higher-risk building of any duty under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01), or
- (b) the performance by an accountable person for an occupied higher-risk building of any duty under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16), or
- (c) the performance by a special measures manager of any function conferred on the manager by a special measures order.
@@ -3471,7 +3471,7 @@
- (c) must comply with a request, made by the appropriate accountable person, for information reasonably required for the purposes of a duty under section 83 or 84.
- (3) For the purposes of [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/2/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/2/b/2024-01-01) a person “interferes” with a relevant safety item if they, without reasonable excuse—
- (3) For the purposes of [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/2/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/2/b/2024-01-16) a person “interferes” with a relevant safety item if they, without reasonable excuse—
- (a) damage it,
@@ -3489,7 +3489,7 @@
##### 96
- (1) This section applies where it appears to the appropriate accountable person that a relevant person has contravened or is contravening a duty under section 95[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/2/2024-01-01).
- (1) This section applies where it appears to the appropriate accountable person that a relevant person has contravened or is contravening a duty under section 95[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/2/2024-01-16).
- (2) The appropriate accountable person may give a contravention notice to the relevant person.
@@ -3503,9 +3503,9 @@
- (d) contains an explanation of the steps that the appropriate accountable person may take under this section if the notice is not complied with.
- (4) Where it appears to the appropriate accountable person that the relevant person has contravened or is contravening the duty under section 95[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/2/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/2/b/2024-01-01), the contravention notice may require the relevant person to pay to the appropriate accountable person a sum specified in the notice.
- (5) A sum may be specified in a contravention notice under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/96/4/2024-01-01) only if—
- (4) Where it appears to the appropriate accountable person that the relevant person has contravened or is contravening the duty under section 95[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/2/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/2/b/2024-01-16), the contravention notice may require the relevant person to pay to the appropriate accountable person a sum specified in the notice.
- (5) A sum may be specified in a contravention notice under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/96/4/2024-01-16) only if—
- (a) it is necessary to repair or replace the relevant safety item as a result of the contravention, and
@@ -3531,17 +3531,17 @@
- (b) prohibit a relevant person from doing a specified thing;
- (c) where a contravention notice requires a sum to be paid under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/96/4/2024-01-01), require a relevant person to pay to the appropriate accountable person a specified sum.
- (c) where a contravention notice requires a sum to be paid under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/96/4/2024-01-16), require a relevant person to pay to the appropriate accountable person a specified sum.
“Specified” here means specified in the order.
- (9) A sum specified in an order under [subsection (8)](https://www.legislation.gov.uk/ukpga/2022/30/section/96/8/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/96/8/c/2024-01-01) may not exceed the sum specified in the contravention notice.
- (9) A sum specified in an order under [subsection (8)](https://www.legislation.gov.uk/ukpga/2022/30/section/96/8/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/96/8/c/2024-01-16) may not exceed the sum specified in the contravention notice.
- (10) In this section—
- “*appropriate accountable person*” has the same meaning as in section 95;
- “*relevant person*” means a person who is subject to the duties under section 95 (see [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/1/2024-01-01) of that section).
- “*relevant person*” means a person who is subject to the duties under section 95 (see [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/95/1/2024-01-16) of that section).
#### Access to premises
@@ -3557,11 +3557,11 @@
- (ii) determining whether a duty under section 95 (duties on residents and owners) has been contravened,
- (c) the request is within [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/97/2/2024-01-01), and
- (c) the request is within [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/97/2/2024-01-16), and
- (d) entry to the premises is not given.
- (2) A request is within [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/97/2/2024-01-01) if it—
- (2) A request is within [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/97/2/2024-01-16) if it—
- (a) is in writing,
@@ -3571,7 +3571,7 @@
- (d) requests access to the premises at a reasonable time, and
- (e) is made at least 48 hours before the time mentioned in [paragraph (d)](https://www.legislation.gov.uk/ukpga/2022/30/section/97/2/d/2024-01-01).
- (e) is made at least 48 hours before the time mentioned in [paragraph (d)](https://www.legislation.gov.uk/ukpga/2022/30/section/97/2/d/2024-01-16).
- (3) The accountable person may apply to the county court for an order—
@@ -3581,7 +3581,7 @@
- (4) The county court—
- (a) may make an order under [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/97/3/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/97/3/a/2024-01-01) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/97/3/b/2024-01-01) if satisfied that it is necessary to do so for the purpose mentioned in the request;
- (a) may make an order under [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/97/3/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/97/3/a/2024-01-16) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/97/3/b/2024-01-16) if satisfied that it is necessary to do so for the purpose mentioned in the request;
- (b) must, if it does so, specify a date on which, or in a period within which, the accountable person or authorised person may enter the relevant premises for that purpose.
@@ -3597,7 +3597,7 @@
##### 98
The regulator must enforce the provisions of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) and regulations made under it.
The regulator must enforce the provisions of [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) and regulations made under it.
#### Compliance notices
@@ -3611,13 +3611,13 @@
- (b) a notice requiring the accountable person to remedy the contravention or the matters giving rise to it within a specified period.
- (3) A notice of a kind mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/99/2/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/99/2/a/2024-01-01) may specify any steps relating to—
- (3) A notice of a kind mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/99/2/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/99/2/a/2024-01-16) 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](https://www.legislation.gov.uk/ukpga/2022/30/section/99/4/2024-01-01) applies (an “urgent action notice”).
- (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](https://www.legislation.gov.uk/ukpga/2022/30/section/99/4/2024-01-16) applies (an “urgent action notice”).
- (5) A person who, without reasonable excuse, contravenes a compliance notice commits an offence.
@@ -3631,7 +3631,7 @@
- (7) In this section—
- “*relevant requirement*” means any requirement on an accountable person under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) except one that is prescribed for the purposes of this section;
- “*relevant requirement*” means any requirement on an accountable person under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) except one that is prescribed for the purposes of this section;
- “*specified*” means specified in the notice.
@@ -3651,7 +3651,7 @@
- (d) the extension of any period specified in a compliance notice for the doing of a thing.
- (3) [Subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/100/4/2024-01-01) applies where the regulator has given a compliance notice to an accountable person for a higher-risk building.
- (3) [Subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/100/4/2024-01-16) 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—
@@ -3673,11 +3673,11 @@
- (b) the contravention places one or more people in or about the building at critical risk.
- (2) In [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/101/1/2024-01-01)—
- (2) In [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/101/1/2024-01-16)—
- “*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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) except one that is prescribed for the purposes of this section.
- “*relevant requirement*” means any requirement on an accountable person under, or under regulations made under, [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) except one that is prescribed for the purposes of this section.
- (3) A person guilty of an offence under this section is liable—
@@ -3693,7 +3693,7 @@
##### 102
[Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01) provides for the appointment of a special measures manager, to undertake duties under [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) in place of an accountable person, and makes further provision in connection with that appointment.
[Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16) provides for the appointment of a special measures manager, to undertake duties under [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) in place of an accountable person, and makes further provision in connection with that appointment.
### Appeals etc
@@ -3709,17 +3709,17 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/1/2024-01-01) is made and the compliance notice is not an urgent action notice—
- (3) Where an appeal under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/1/2024-01-16) 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)](https://www.legislation.gov.uk/ukpga/2022/30/section/99/2/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/99/2/a/2024-01-01) is treated as extended by the period—
- (b) the specified period mentioned in section 99[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/99/2/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/99/2/a/2024-01-16) 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)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/1/2024-01-01) is made and the compliance notice is an urgent action notice—
- (4) Where an appeal under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/1/2024-01-16) 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
@@ -3727,9 +3727,9 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/3/2024-01-01) and [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/4/2024-01-01) apply to such an application as they apply to an appeal under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/1/2024-01-01).
- (7) In this section “*urgent action notice*” has the meaning given by section 99[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/99/4/2024-01-01).
- (6) [Subsections (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/3/2024-01-16) and [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/4/2024-01-16) apply to such an application as they apply to an appeal under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/1/2024-01-16).
- (7) In this section “*urgent action notice*” has the meaning given by section 99[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/99/4/2024-01-16).
#### Appeals against decisions of the regulator made under this Part
@@ -3737,13 +3737,13 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/78/1/2024-01-01);
- (b) to remove a building from the register under section 78[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/78/3/2024-01-01);
- (c) to refuse an application for a building assessment certificate under section 81[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/81/3/2024-01-01);
- (d) to give a direction under section 83[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/83/2/2024-01-01).
- (a) not to register a building on an application under section 78[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/78/1/2024-01-16);
- (b) to remove a building from the register under section 78[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/78/3/2024-01-16);
- (c) to refuse an application for a building assessment certificate under section 81[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/81/3/2024-01-16);
- (d) to give a direction under section 83[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/83/2/2024-01-16).
- (2) An affected person may appeal the decision.
@@ -3757,17 +3757,17 @@
- (4) In this section “*an affected person*” means—
- (a) in relation to a decision of the regulator mentioned in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/a/2024-01-01) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/b/2024-01-01) of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/2024-01-01), 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)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/c/2024-01-01) of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/2024-01-01), an accountable person for the higher-risk building;
- (c) in relation to a decision of the regulator mentioned in [paragraph (d)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/d/2024-01-01) of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/2024-01-01), the accountable person subject to the direction.
- (a) in relation to a decision of the regulator mentioned in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/a/2024-01-16) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/b/2024-01-16) of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/2024-01-16), 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)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/c/2024-01-16) of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/2024-01-16), an accountable person for the higher-risk building;
- (c) in relation to a decision of the regulator mentioned in [paragraph (d)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/d/2024-01-16) of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/104/1/2024-01-16), 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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01).
- (1) This section applies in relation to a prescribed decision of the regulator made under regulations made under [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16).
- (2) A prescribed person may appeal to the tribunal against the decision.
@@ -3777,7 +3777,7 @@
##### 106
- (1) This section applies in relation to an appeal to the tribunal under section 103[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/1/2024-01-01), 104 or 105.
- (1) This section applies in relation to an appeal to the tribunal under section 103[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/1/2024-01-16), 104 or 105.
- (2) The tribunal—
@@ -3793,15 +3793,15 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/106/4/2024-01-01) “*the appeal period*” means the period beginning with the making of the appeal and ending with the final determination or withdrawal of the appeal.
- (5) In [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/106/4/2024-01-16) “*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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) is enforceable with the permission of the county court in the same way as an order of that court.
- (2) [Subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/107/1/2024-01-01) 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)).
- (1) A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) is enforceable with the permission of the county court in the same way as an order of that court.
- (2) [Subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/107/1/2024-01-16) 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
@@ -3821,7 +3821,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/108/1/2024-01-01)—
- (3) Where in any proceedings it is alleged that a person has contravened a provision mentioned in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/108/1/2024-01-16)—
- (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
@@ -3837,15 +3837,15 @@
##### 109
- (1) [Subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/109/2/2024-01-01) 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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01), each accountable person must so far as possible—
- (1) [Subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/109/2/2024-01-16) 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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16), 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)](https://www.legislation.gov.uk/ukpga/2022/30/section/109/4/2024-01-01)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.
- (3) [Subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/109/4/2024-01-16)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.
@@ -3860,12 +3860,12 @@
> (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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of the Building Safety Act 2022 or regulations made under that Part;
> - “*building safety obligation*” means an obligation of an accountable person under [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) 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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/8/2024-01-01)[(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/8/3/2024-01-01) of Schedule [7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01)) 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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) 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.
- (3) After subsection (2D) (inserted by paragraph [8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/8/2024-01-16)[(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/8/3/2024-01-16) of Schedule [7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16)) 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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) 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
@@ -3903,7 +3903,7 @@
##### 112
- (1) The Landlord and Tenant Act 1985 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/112/2/2024-01-01) to [(6)](https://www.legislation.gov.uk/ukpga/2022/30/section/112/6/2024-01-01).
- (1) The Landlord and Tenant Act 1985 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/112/2/2024-01-16) to [(6)](https://www.legislation.gov.uk/ukpga/2022/30/section/112/6/2024-01-16).
- (2) After section 30B insert—
@@ -3934,10 +3934,10 @@
> (b) any other restriction on the disclosure of information (however imposed).
> (8) Subsections [(2)](#p00483)[(b)](#p00484) and [(4)](#p00489)[(b)](#p00490) 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)](#p00483)[(b)](#p00484) and [(4)](#p00489)[(b)](#p00490)).
> (9) In this section—
> - “*building safety duties*”— in relation to an accountable person, means any duties of the accountable person under [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) 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;
> - “*building safety duties*”— in relation to an accountable person, means any duties of the accountable person under [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) 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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of the Building Safety Act 2022 (see section 71[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/3/2024-01-01) and [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/4/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/4/c/2024-01-01) of that Act);
> - “*resident*” and “resident of a higher-risk building” have the same meaning as in [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) of the Building Safety Act 2022 (see section 71[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/3/2024-01-16) and [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/4/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/71/4/c/2024-01-16) 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.
@@ -3954,7 +3954,7 @@
> (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/84/2/2024-01-01);
> (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/84/2/2024-01-16);
> (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;
@@ -4005,8 +4005,8 @@
> - “*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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-01) of [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01) to the Building Safety Act 2022;
> - “*special measures order*” has the meaning given in paragraph [1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-01) of [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01) to that Act.
> - “*special measures manager*” has the meaning given in paragraph [1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-16) of [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16) to the Building Safety Act 2022;
> - “*special measures order*” has the meaning given in paragraph [1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-16) of [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16) to that Act.
- (3) After section 20E (inserted by section 133) insert—
@@ -4023,7 +4023,7 @@
> - “*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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01) to the Building Safety Act 2022 (including any appeals in relation to such proceedings).
> - “*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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16) 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;
@@ -4060,7 +4060,7 @@
##### 113
- (1) The Landlord and Tenant Act 1987 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/113/2/2024-01-01) to [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/113/4/2024-01-01).
- (1) The Landlord and Tenant Act 1987 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/113/2/2024-01-16) to [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/113/4/2024-01-16).
- (2) After section 47 insert—
@@ -4072,7 +4072,7 @@
> 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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01) to the Building Safety Act 2022) is in force.
> (b) a special measures order (within the meaning of Schedule [7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16) 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;
@@ -4085,7 +4085,7 @@
> (2) Where a landlord fails to give a notice to a tenant in accordance with subsection [(1)](#p00503), 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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01) to the Building Safety Act 2022) is in force.
> (b) a special measures order (within the meaning of Schedule [7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16) to the Building Safety Act 2022) is in force.
> (4) The requirement to give a notice to a tenant under subsection [(1)](#p00503) 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;
@@ -4102,7 +4102,7 @@
> - “*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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01) to that Act.
> - “*special measures manager*” has the meaning given in paragraph 1 of Schedule [7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16) to that Act.
- (4) In section 53(2)(b) (regulations and orders), after “42A” insert “or 49A”.
@@ -4126,17 +4126,17 @@
- (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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of the Building Safety Act 2022, or regulations made under that Part of the Act, in relation to each commonhold unit.
> (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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) 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)](https://www.legislation.gov.uk/ukpga/2022/30/section/114/1/2024-01-01);
- (b) the existing subsection becomes [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/114/1/2024-01-16);
- (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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of the Building Safety Act 2022, or regulations made under that Part of that Act, in relation to the common parts.
> (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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) 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—
@@ -4164,7 +4164,7 @@
> (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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of the Building Safety Act 2022, or regulations made under that Part of that Act;
> - “*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](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) 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—
@@ -4180,7 +4180,7 @@
##### 115
In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01)—
In [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16)—
- “*accountable person*” has the meaning given by section 72;
@@ -4222,9 +4222,9 @@
- “*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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-01) of [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01);
- “*special measures order*” has the meaning given by [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-01) of [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01);
- “*special measures manager*” has the meaning given by [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-16) of [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16);
- “*special measures order*” has the meaning given by [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-16) of [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16);
- “*the tribunal*” means the First-tier Tribunal.
@@ -4236,13 +4236,13 @@
##### 116
- (1) Sections 117 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01) make provision in connection with the remediation of relevant defects in relevant buildings.
- (1) Sections 117 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16) 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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01) contain protections for tenants in respect of costs connected with relevant defects, and impose liabilities on certain landlords;
- (b) section 122 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16) 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;
@@ -4254,7 +4254,7 @@
##### 117
- (1) This section applies for the purposes of sections 119 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01).
- (1) This section applies for the purposes of sections 119 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16).
- (2) “*Relevant building*” means a self-contained building, or self-contained part of a building, in England that contains at least two dwellings and—
@@ -4288,7 +4288,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/117/5/2024-01-01) “*relevant services*” means services provided by means of pipes, cables or other fixed installations.
- (6) In subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/117/5/2024-01-16) “*relevant services*” means services provided by means of pipes, cables or other fixed installations.
#### Section 117: height of buildings and number of storeys
@@ -4304,19 +4304,19 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/118/2/2024-01-01) “*ground level*”, in relation to a building, means—
- (4) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/118/2/2024-01-16) “*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)](https://www.legislation.gov.uk/ukpga/2022/30/section/118/3/2024-01-01) 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.
- (5) For the purposes of subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/118/3/2024-01-16) 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 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01).
- (1) This section applies for the purposes of sections 122 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16).
- (2) A lease is a “qualifying lease” if—
@@ -4334,7 +4334,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/a/2024-01-01) and [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/b/2024-01-01) apply, any of those leases which is superior to any of the other leases is not a “qualifying lease”.
- (3) Where a dwelling was at the qualifying time let under two or more leases to which subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/a/2024-01-16) and [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/b/2024-01-16) 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”.
@@ -4344,7 +4344,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/2024-01-01);
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/2024-01-16);
- (d) “*service charge*” has the meaning given by section 18 of the Landlord and Tenant Act 1985.
@@ -4352,7 +4352,7 @@
##### 120
- (1) This section applies for the purposes of sections 122 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01).
- (1) This section applies for the purposes of sections 122 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16).
- (2) “*Relevant defect*”, in relation to a building, means a defect as regards the building that—
@@ -4360,7 +4360,7 @@
- (b) causes a building safety risk.
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/120/2/2024-01-01) “*relevant works*” means any of the following—
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/120/2/2024-01-16) “*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;
@@ -4370,7 +4370,7 @@
“The relevant period” here means the period of 30 years ending with the time this section comes into force.
- (4) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/120/2/2024-01-01) 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.
- (4) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/120/2/2024-01-16) 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.
- (5) For the purposes of this section—
@@ -4384,9 +4384,9 @@
##### 121
- (1) For the purposes of sections 122 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01), a partnership or body corporate is associated with another person in the circumstances mentioned in subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/2/2024-01-01) to [(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/5/2024-01-01).
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/1/2024-01-01) as they apply in relation to the relevant building, as associated with the person.
- (1) For the purposes of sections 122 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16), a partnership or body corporate is associated with another person in the circumstances mentioned in subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/2/2024-01-16) to [(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/5/2024-01-16).
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/1/2024-01-16) 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*”).
@@ -4398,7 +4398,7 @@
- (b) at the qualifying time, one of them controlled the other or a third body corporate controlled both of them.
Subsections [(6)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/6/2024-01-01) to [(8)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/8/2024-01-01) set out the cases in which a body corporate is regarded as controlling another body corporate.
Subsections [(6)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/6/2024-01-16) to [(8)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/8/2024-01-16) 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—
@@ -4420,7 +4420,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/7/2024-01-01) 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.
- (9) In subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/7/2024-01-16) 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—
@@ -4436,13 +4436,13 @@
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)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/1/2024-01-01) to anyone associated with another person, subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/2/2024-01-01) to [(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/5/2024-01-01) have effect with prescribed modifications.
- (12) The Secretary of State may by regulations provide that, in relation to a prescribed reference in a provision mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/1/2024-01-16) to anyone associated with another person, subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/2/2024-01-16) to [(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/121/5/2024-01-16) have effect with prescribed modifications.
#### Remediation costs under qualifying leases etc
##### 122
[Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01)—
[Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16)—
- (a) provides that certain service charge amounts relating to relevant defects in a relevant building are not payable, and
@@ -4458,7 +4458,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/123/3/2024-01-01) the reference to a landlord under a lease includes any person who is party to the lease otherwise than as landlord or tenant.
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/123/3/2024-01-16) 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—
@@ -4492,7 +4492,7 @@
- (c) a developer in relation to the relevant building, or
- (d) a person associated with a person within any of paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/124/3/a/2024-01-01) to [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/124/3/c/2024-01-01).
- (d) a person associated with a person within any of paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/124/3/a/2024-01-16) to [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/124/3/c/2024-01-16).
- (4) An order may—
@@ -4516,7 +4516,7 @@
- “*specified*” means specified in the order.
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/117/3/2024-01-01), be a relevant building.
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/117/3/2024-01-16), be a relevant building.
#### Meeting remediation costs of insolvent landlord
@@ -4532,9 +4532,9 @@
- (a) to make such contributions to the company’s assets as the court considers to be just and equitable, or
- (b) to make such payments to a specified person as the court considers to be just and equitable for the purpose of meeting costs incurred or to be incurred in remedying relevant defects mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/125/1/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/125/1/b/2024-01-01).
Section 124[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/124/4/2024-01-01) applies for the purposes of this section.
- (b) to make such payments to a specified person as the court considers to be just and equitable for the purpose of meeting costs incurred or to be incurred in remedying relevant defects mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/125/1/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/125/1/b/2024-01-16).
Section 124[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/124/4/2024-01-16) applies for the purposes of this section.
- (3) An order may be made where proceedings for the winding up of the company were commenced before (as well as after) the coming into force of this section.
@@ -4596,15 +4596,15 @@
- (f) whether persons with whom an eligible person contracts are members of a scheme.
In paragraph [(e)](https://www.legislation.gov.uk/ukpga/2022/30/section/126/4/e/2024-01-01) “*conduct*” includes conduct occurring before the coming into force of this section.
- (5) The descriptions of persons prescribed by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/126/4/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/126/4/c/2024-01-01) may in particular be prescribed by reference to—
In paragraph [(e)](https://www.legislation.gov.uk/ukpga/2022/30/section/126/4/e/2024-01-16) “*conduct*” includes conduct occurring before the coming into force of this section.
- (5) The descriptions of persons prescribed by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/126/4/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/126/4/c/2024-01-16) 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)](https://www.legislation.gov.uk/ukpga/2022/30/section/126/4/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/126/4/c/2024-01-01) 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.
- (6) The membership conditions that may be prescribed by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/126/4/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/126/4/c/2024-01-16) 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).
@@ -4818,7 +4818,7 @@
- (b) a third body corporate controls both of them.
Subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/131/2/2024-01-01) to [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/131/4/2024-01-01) set out the cases in which a body corporate is regarded as controlling another body corporate.
Subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/131/2/2024-01-16) to [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/131/4/2024-01-16) 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—
@@ -4840,9 +4840,9 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/section/131/3/2024-01-01) 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)](https://www.legislation.gov.uk/ukpga/2022/30/section/131/2/2024-01-01) to [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/131/4/2024-01-01) whether one body corporate (X) controls another, X is treated as possessing—
- (5) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/131/3/2024-01-16) 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)](https://www.legislation.gov.uk/ukpga/2022/30/section/131/2/2024-01-16) to [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/131/4/2024-01-16) 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
@@ -4972,7 +4972,7 @@
- (2) In section 1(5) of the Defective Premises Act 1972, for “the Limitation Act 1939, the Law Reform (Limitation of Actions, &c.) Act 1954 and the Limitation Act 1963” substitute “the Limitation Act 1980”.
- (3) The amendment made by [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/135/1/2024-01-01) in relation to an action by virtue of section 1 of the Defective Premises Act 1972 is to be treated as always having been in force.
- (3) The amendment made by [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/135/1/2024-01-16) in relation to an action by virtue of section 1 of the Defective Premises Act 1972 is to be treated as always having been in force.
- (4) In a case where—
@@ -4982,7 +4982,7 @@
section 4B of the Limitation Act 1980 (inserted by subsection (1)) has effect as if it provided that the action may not be brought after the end of the initial period.
- (5) Where an action is brought that, but for [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/135/3/2024-01-01), would have been barred by the Limitation Act 1980, a court hearing the action must dismiss it in relation to any defendant if satisfied that it is necessary to do so to avoid a breach of that defendant’s Convention rights.
- (5) Where an action is brought that, but for [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/135/3/2024-01-16), would have been barred by the Limitation Act 1980, a court hearing the action must dismiss it in relation to any defendant if satisfied that it is necessary to do so to avoid a breach of that defendant’s Convention rights.
- (6) Nothing in this section applies in relation to a claim which, before this section came into force, was settled by agreement between the parties or finally determined by a court or arbitration (whether on the basis of limitation or otherwise).
@@ -4998,9 +4998,9 @@
##### 136
- (1) The Secretary of State must make arrangements for there to be a scheme, to be known as the “new homes ombudsman scheme”, which meets the conditions in section 137[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/137/1/2024-01-01).
- (2) Examples of arrangements under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/136/1/2024-01-01) are arrangements—
- (1) The Secretary of State must make arrangements for there to be a scheme, to be known as the “new homes ombudsman scheme”, which meets the conditions in section 137[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/137/1/2024-01-16).
- (2) Examples of arrangements under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/136/1/2024-01-16) are arrangements—
- (a) with another person under which that other person agrees to establish and maintain the new homes ombudsman scheme in accordance with the terms of the arrangements,
@@ -5012,7 +5012,7 @@
- (a) give financial assistance (by way of grant, loan, guarantee or in any other form) to a person for the establishment or maintenance of the new homes ombudsman scheme;
- (b) make payments to such a person (otherwise than as financial assistance) in accordance with arrangements under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/136/1/2024-01-01).
- (b) make payments to such a person (otherwise than as financial assistance) in accordance with arrangements under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/136/1/2024-01-16).
- (4) Before making arrangements under subsection (1), the Secretary of State must consult—
@@ -5032,13 +5032,13 @@
##### 137
- (1) The conditions referred to in section 136[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/136/1/2024-01-01) are that—
- (1) The conditions referred to in section 136[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/136/1/2024-01-16) are that—
- (a) membership of the scheme is open to all developers,
- (b) the scheme enables qualifying complainants to have complaints against members of the scheme investigated and determined by an independent individual, and
- (c) the scheme contains the provisions required by [Schedule 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/2024-01-01).
- (c) the scheme contains the provisions required by [Schedule 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/2024-01-16).
- (2) A “qualifying complainant” is a person who, at the time the complaint is made, is a relevant owner of a home which, at that time, is a new build home.
@@ -5050,9 +5050,9 @@
- (6) In this section, “*redress scheme*” means a scheme under which complaints may be made to, and investigated and determined by, an independent person.
- (7) [Schedule 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/2024-01-01) contains further provision about the new homes ombudsman scheme.
- (8) [Schedule 10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/10/2024-01-01) contains amendments connected with the establishment of the new homes ombudsman scheme.
- (7) [Schedule 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/2024-01-16) contains further provision about the new homes ombudsman scheme.
- (8) [Schedule 10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/10/2024-01-16) contains amendments connected with the establishment of the new homes ombudsman scheme.
#### “Relevant owner”, “new build home” and “developer”
@@ -5086,7 +5086,7 @@
- (b) there is a person who is, or was, a developer in relation to the home, and
- (c) no more than two years have elapsed since the first acquisition, by any person, of a relevant interest in land that includes the home from the person mentioned in [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/5/b/2024-01-01).
- (c) no more than two years have elapsed since the first acquisition, by any person, of a relevant interest in land that includes the home from the person mentioned in [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/5/b/2024-01-16).
- (6) “*Relevant interest*” means—
@@ -5116,13 +5116,13 @@
- (iii) the conversion of, or carrying out of any other works to, an existing building so as to alter the number of homes contained in it,
with a view to granting, or disposing of, a relevant interest in land that includes the home or, in a case falling within [sub-paragraph (iii)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/a/iii/2024-01-01), any of the homes, or
with a view to granting, or disposing of, a relevant interest in land that includes the home or, in a case falling within [sub-paragraph (iii)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/a/iii/2024-01-16), any of the homes, or
- (b) who is of a description specified in regulations made by the relevant national authority.
- (8) Regulations under [subsection (7)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/b/2024-01-01) may, among other things, specify a description of persons by reference to a connection with a person mentioned in [subsection (7)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/a/2024-01-01).
- (9) In [subsection (7)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/b/2024-01-01), “*the relevant national authority*” means—
- (8) Regulations under [subsection (7)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/b/2024-01-16) may, among other things, specify a description of persons by reference to a connection with a person mentioned in [subsection (7)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/a/2024-01-16).
- (9) In [subsection (7)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/b/2024-01-16), “*the relevant national authority*” means—
- (a) in relation to homes in England, the Secretary of State,
@@ -5132,9 +5132,9 @@
- (d) in relation to homes in Northern Ireland, the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly.
- (10) Before making regulations under [subsection (7)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/b/2024-01-01), the relevant national authority must consult each other person who is the relevant national authority in relation to regulations under that subsection.
- (11) If no Northern Ireland department has been designated for the purposes of this section then, for the purposes of subsection [(10)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/10/2024-01-01), “*the relevant national authority*” in relation to homes in Northern Ireland is the Executive Office in Northern Ireland.
- (10) Before making regulations under [subsection (7)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/b/2024-01-16), the relevant national authority must consult each other person who is the relevant national authority in relation to regulations under that subsection.
- (11) If no Northern Ireland department has been designated for the purposes of this section then, for the purposes of subsection [(10)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/10/2024-01-16), “*the relevant national authority*” in relation to homes in Northern Ireland is the Executive Office in Northern Ireland.
- (12) “*Home*” means a private residence.
@@ -5144,21 +5144,21 @@
##### 139
- (1) The power to make regulations under section 138(7)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/6/b/2024-01-01) is exercisable—
- (1) The power to make regulations under section 138(7)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/6/b/2024-01-16) is exercisable—
- (a) in the case of regulations made by the Secretary of State or the Welsh Ministers, by statutory instrument, and
- (b) in the case of regulations made by a Northern Ireland department, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ([S.I. 1979/1573 (N.I. 12))](https://www.legislation.gov.uk/nisi/1979/1573).
(For regulations under section 138(7)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/6/b/2024-01-01) made by the Scottish Ministers, see section 27 of the [Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)](https://www.legislation.gov.uk/asp/2010/10)).
- (2) Regulations under section 138(7)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/6/b/2024-01-01)—
(For regulations under section 138(7)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/6/b/2024-01-16) made by the Scottish Ministers, see section 27 of the [Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)](https://www.legislation.gov.uk/asp/2010/10)).
- (2) Regulations under section 138(7)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/6/b/2024-01-16)—
- (a) may make different provision for different purposes;
- (b) may contain consequential, supplementary, incidental, transitional or saving provision.
- (3) Regulations under section 138(7)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/6/b/2024-01-01)—
- (3) Regulations under section 138(7)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/6/b/2024-01-16)—
- (a) if made by the Secretary of State, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;
@@ -5176,15 +5176,15 @@
- (a) require persons who are developers, or developers of a specified description, to become members of the new homes ombudsman scheme;
- (b) require persons who are required to become members of the scheme under [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/a/2024-01-01) to remain members of the scheme for a period specified in the regulations (even if they are no longer developers);
- (b) require persons who are required to become members of the scheme under [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/a/2024-01-16) to remain members of the scheme for a period specified in the regulations (even if they are no longer developers);
- (c) require members of the scheme to inform persons of a specified description of the scheme;
- (d) make provision for civil sanctions to be imposed in respect of a breach of a requirement imposed by regulations under [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/a/2024-01-01), [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/b/2024-01-01) or [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/c/2024-01-01);
- (d) make provision for civil sanctions to be imposed in respect of a breach of a requirement imposed by regulations under [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/a/2024-01-16), [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/b/2024-01-16) or [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/c/2024-01-16);
- (e) make provision for the investigation of suspected breaches of such a requirement.
In [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/2024-01-01), “*developer*” has the meaning given in section 138 and “*specified*” means specified in the regulations.
In [this subsection](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/2024-01-16), “*developer*” has the meaning given in section 138 and “*specified*” means specified in the regulations.
- (2) Before making regulations under subsection (1), the Secretary of State must consult—
@@ -5194,9 +5194,9 @@
- (c) the relevant Northern Ireland department.
- (3) Provision made by virtue of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/a/2024-01-01) may provide for exceptions to the requirement to become a member of the scheme.
- (4) Provision made by virtue of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/a/2024-01-01) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/b/2024-01-01) may require persons who are members of the new homes ombudsman scheme to—
- (3) Provision made by virtue of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/a/2024-01-16) may provide for exceptions to the requirement to become a member of the scheme.
- (4) Provision made by virtue of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/a/2024-01-16) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/b/2024-01-16) may require persons who are members of the new homes ombudsman scheme to—
- (a) obtain a certificate confirming their membership of the scheme;
@@ -5204,19 +5204,19 @@
- (c) produce a copy of the certificate, on request, in accordance with the regulations.
- (5) Provision made for the imposition of a civil sanction by virtue of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/2024-01-01)[(d)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/d/2024-01-01) must include—
- (5) Provision made for the imposition of a civil sanction by virtue of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/2024-01-16)[(d)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/d/2024-01-16) must include—
- (a) provision for appeals to a court or tribunal against the imposition of the sanction, and
- (b) such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.
- (6) Provision made by virtue of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/2024-01-01)[(d)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/d/2024-01-01) or [(e)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/e/2024-01-01) may—
- (6) Provision made by virtue of [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/2024-01-16)[(d)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/d/2024-01-16) or [(e)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/1/e/2024-01-16) may—
- (a) confer functions on a person (including functions involving the exercise of a discretion);
- (b) require a person on whom functions are so conferred to have regard to any relevant guidance issued by the Secretary of State relating to the exercise of those functions.
- (7) The Secretary of State may make payments to a person on whom functions are conferred by virtue of [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/6/2024-01-01).
- (7) The Secretary of State may make payments to a person on whom functions are conferred by virtue of [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/30/section/140/6/2024-01-16).
- (8) In this section, “*the relevant Northern Ireland department*” means—
@@ -5288,7 +5288,7 @@
- (a) the kinds of defect which the developer must agree to remedy;
- (b) the circumstances in which the developer must agree to remedy a defect (including the minimum duration of the period mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/144/3/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/144/3/a/2024-01-01));
- (b) the circumstances in which the developer must agree to remedy a defect (including the minimum duration of the period mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/144/3/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/144/3/a/2024-01-16));
- (c) the developer agreeing to meet prescribed costs incurred by a person occupying a new build home, where works to remedy a defect are carried out;
@@ -5320,7 +5320,7 @@
##### 145
- (1) The Secretary of State may by regulations make provision for and in connection with the imposition of a financial penalty in cases where the Secretary of State, or a person designated by the Secretary of State, is satisfied beyond reasonable doubt that a person has, without reasonable excuse, failed to comply with section 144[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/144/2/2024-01-01).
- (1) The Secretary of State may by regulations make provision for and in connection with the imposition of a financial penalty in cases where the Secretary of State, or a person designated by the Secretary of State, is satisfied beyond reasonable doubt that a person has, without reasonable excuse, failed to comply with section 144[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/144/2/2024-01-16).
- (2) The regulations may include provision—
@@ -5344,7 +5344,7 @@
##### 146
[Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-01) contains provision for regulations relating to construction products.
[Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-16) contains provision for regulations relating to construction products.
### Liability relating to construction products
@@ -5360,7 +5360,7 @@
- “*the 2019 Regulations*” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 ([S.I. 2019/465](https://www.legislation.gov.uk/uksi/2019/465));
- “*construction products regulations*” means regulations under paragraph [1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/1/2024-01-01) of [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-01);
- “*construction products regulations*” means regulations under paragraph [1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/1/2024-01-16) of [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-16);
- “*construction product requirement*” means a requirement under— construction products regulations, the 2011 Regulation, or the 2019 Regulations;
@@ -5386,7 +5386,7 @@
- (c) a person manufactures a construction product that is inherently defective.
- (3) Condition B is that, after Condition A is met, the construction product referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/a/2024-01-01), [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/b/2024-01-01) or [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/c/2024-01-01) is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
- (3) Condition B is that, after Condition A is met, the construction product referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/a/2024-01-16), [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/b/2024-01-16) or [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/c/2024-01-16) is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
- (4) Condition C is that, when those works are completed—
@@ -5394,19 +5394,19 @@
- (b) in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
- (5) Condition D is that the facts referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/a/2024-01-01), [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/b/2024-01-01) or [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/c/2024-01-01) were the cause, or one of the causes, of the building or dwelling being unfit for habitation.
- (6) The person referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/a/2024-01-01), [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/b/2024-01-01) or [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/c/2024-01-01) is liable to pay damages to a person with a relevant interest in relation to the relevant building for personal injury, damage to property or economic loss suffered by that person as a result of the facts referred to in subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/4/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/4/a/2024-01-01) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/4/b/2024-01-01).
- (5) Condition D is that the facts referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/a/2024-01-16), [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/b/2024-01-16) or [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/c/2024-01-16) were the cause, or one of the causes, of the building or dwelling being unfit for habitation.
- (6) The person referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/a/2024-01-16), [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/b/2024-01-16) or [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/c/2024-01-16) is liable to pay damages to a person with a relevant interest in relation to the relevant building for personal injury, damage to property or economic loss suffered by that person as a result of the facts referred to in subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/4/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/4/a/2024-01-16) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/4/b/2024-01-16).
- (7) A term of an agreement which purports to exclude or restrict, or has the effect of excluding or restricting, any liability arising under this section is void.
- (8) For the purposes of section 10B(1) of the Limitation Act 1980 and section 18ZD(1) of the Prescription and Limitation (Scotland) Act 1973, the right of action that a person has by virtue of this section is to be regarded as having accrued—
- (a) in a case where the works referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/3/2024-01-01) are carried out in the construction of the relevant building, when the construction is completed, and
- (a) in a case where the works referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/3/2024-01-16) are carried out in the construction of the relevant building, when the construction is completed, and
- (b) in any other case, when the works are completed.
- (9) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/a/2024-01-01) “construction product”—
- (9) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/a/2024-01-16) “construction product”—
- (a) in relation to a construction product requirement under construction products regulations, has the meaning specified in those regulations;
@@ -5414,7 +5414,7 @@
- (c) in relation to a construction product requirement under the 2019 Regulations, has the meaning specified in the 2011 Regulation as it had effect immediately before IP completion day.
- (10) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/b/2024-01-01) and [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/c/2024-01-01) “*construction product*” has the meaning specified in the 2011 Regulation.
- (10) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/b/2024-01-16) and [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/148/2/c/2024-01-16) “*construction product*” has the meaning specified in the 2011 Regulation.
#### Liability for past defaults relating to cladding products
@@ -5546,7 +5546,7 @@
- “*construction product*”— in relation to a construction product requirement under construction products regulations, has the meaning specified in those regulations; in relation to a construction product requirement under the 2011 Regulation, has the meaning specified in the 2011 Regulation (or, in Northern Ireland, in the 2011 Regulation as having effect in EU law from time to time); in relation to a construction product requirement under the 2019 Regulations, has the meaning specified in the 2011 Regulation as it had effect immediately before IP completion day; in relation to a construction product requirement under the 2020 Regulations, has the meaning given by regulation 2 of those Regulations;
- “*construction products regulations*” means regulations under paragraph 1 of [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-01);
- “*construction products regulations*” means regulations under paragraph 1 of [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-16);
- “*construction product requirement*”, in England and Wales or Scotland, means a requirement under— construction products regulations, the 2011 Regulation, or the 2019 Regulations;
@@ -5890,21 +5890,21 @@
- (1) The Architects Act 1997 is amended as follows.
- (2) In section 3 (the register), after [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/157/2/2024-01-01) insert—
- (2) In section 3 (the register), after [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/157/2/2024-01-16) insert—
> (2A) The Register shall show disciplinary orders made in relation to a registered person for such period as may be prescribed.
- (3) In section 9 (competence to practise)—
- (a) in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/157/1/2024-01-01), in the words after [paragraph (c)](https://www.legislation.gov.uk/ukpga/2022/30/section/157/3/c/2024-01-01), after “practical experience” insert “or undertaken such recent training”,
- (b) after [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/157/1/2024-01-01) insert—
- (a) in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/157/1/2024-01-16), in the words after [paragraph (c)](https://www.legislation.gov.uk/ukpga/2022/30/section/157/3/c/2024-01-16), after “practical experience” insert “or undertaken such recent training”,
- (b) after [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/157/1/2024-01-16) insert—
> (1A) Before prescribing recent practical experience or training for the purposes of subsection (1), the Board shall consult the bodies representative of architects which are incorporated by royal charter and such other professional and educational bodies as it thinks appropriate.
, and
- (c) after [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/157/2/2024-01-01) insert—
- (c) after [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/157/2/2024-01-16) insert—
> (3) Where the Board decides that the name of a person to whom paragraph (b) of subsection (1) applies is by virtue of that subsection to be removed from Part 1 of the Register—
> (a) the person shall be entitled to apply to the Board within a prescribed period for an extension of time to gain the prescribed experience or undertake the prescribed training or to otherwise satisfy the Board of the person’s competence to practise, and
@@ -6032,7 +6032,7 @@
##### 160
- (1) Schedule 2 to the Housing Act 1996 is amended in accordance with [subsections (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/160/2/2024-01-01) and [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/160/3/2024-01-01).
- (1) Schedule 2 to the Housing Act 1996 is amended in accordance with [subsections (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/160/2/2024-01-16) and [(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/160/3/2024-01-16).
- (2) In paragraph 7 (determinations by housing ombudsman)—
@@ -6054,7 +6054,7 @@
##### 161
- (1) Where an offence under [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) or [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) committed by a body corporate—
- (1) Where an offence under [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) or [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) committed by a body corporate—
- (a) is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
@@ -6062,9 +6062,9 @@
that person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.
- (2) In [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/161/1/2024-01-01) “*director*”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
- (3) [Subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/161/1/2024-01-01) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference—
- (2) In [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/161/1/2024-01-16) “*director*”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
- (3) [Subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/161/1/2024-01-16) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference—
- (a) in the case of a partnership, to a partner;
@@ -6104,13 +6104,13 @@
- (b) the adequacy and effectiveness of—
- (i) provision made by or under [Parts 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) and [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of this Act, and
- (i) provision made by or under [Parts 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) and [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) of this Act, and
- (ii) provision made by or under the Building Act 1984 (except [section 105C](#p00318)) that applies in relation to England,
- (c) the effectiveness of the regulation of construction products in the United Kingdom,
- (d) such matters connected with any of the matters mentioned in [paragraphs (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/162/1/a/2024-01-01) to [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/162/1/c/2024-01-01) as the person considers appropriate, and
- (d) such matters connected with any of the matters mentioned in [paragraphs (a)](https://www.legislation.gov.uk/ukpga/2022/30/section/162/1/a/2024-01-16) to [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/162/1/c/2024-01-16) as the person considers appropriate, and
- (e) any other matter specified in the appointment.
@@ -6130,7 +6130,7 @@
- “*building function*” has the meaning given by section 3;
- “*independent*” means appearing to the Secretary of State to be independent of— the Secretary of State, the regulator, the profession of registered building inspectors, the built environment industry (as defined by section 30), persons carrying on activities connected with the manufacture, importation, marketing or supply of construction products (as defined by [paragraph 24](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/24/2024-01-01) of [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-01)), and local authorities (as so defined);
- “*independent*” means appearing to the Secretary of State to be independent of— the Secretary of State, the regulator, the profession of registered building inspectors, the built environment industry (as defined by section 30), persons carrying on activities connected with the manufacture, importation, marketing or supply of construction products (as defined by [paragraph 24](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/24/2024-01-16) of [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-16)), and local authorities (as so defined);
- “*the regulator*” has the meaning given by section 2.
@@ -6150,21 +6150,21 @@
- (1) The following provisions, and any provision made under them, bind the Crown—
- (a) [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01);
- (b) [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) except sections 99, 100 and 103 (compliance notices);
- (c) sections 116 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01) (remediation of certain defects);
- (d) sections 136 to 142 and [Schedule 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/2024-01-01) (new homes ombudsman scheme);
- (a) [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16);
- (b) [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) except sections 99, 100 and 103 (compliance notices);
- (c) sections 116 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16) (remediation of certain defects);
- (d) sections 136 to 142 and [Schedule 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/2024-01-16) (new homes ombudsman scheme);
- (e) sections 144 and 145 (new build home warranties);
- (f) section 161.
- (2) No contravention by the Crown of a provision mentioned in[subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/164/1/2024-01-01) makes the Crown criminally liable.
- (3) [Subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/164/2/2024-01-01) does not affect the criminal liability of persons in the service of the Crown.
- (2) No contravention by the Crown of a provision mentioned in[subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/164/1/2024-01-16) makes the Crown criminally liable.
- (3) [Subsection (2)](https://www.legislation.gov.uk/ukpga/2022/30/section/164/2/2024-01-16) does not affect the criminal liability of persons in the service of the Crown.
#### Application to Parliament
@@ -6172,17 +6172,17 @@
- (1) The following provisions do not apply in relation to the Parliamentary Estate—
- (a) sections 99, 100 and 103 (compliance notices under [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01));
- (b) [paragraphs 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2024-01-01) to [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/3/2024-01-01) of [Schedule 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-01) (powers of entry of authorised officers).
- (2) If the Palace of Westminster (or any part of it) is a higher-risk building within the meaning of [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01), for the purposes of that Part the accountable persons for the building are the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons, acting jointly.
- (3) No contravention by a Corporate Officer of a provision made by or under [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) or [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) makes the Corporate Officer criminally liable.
- (4) [Subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/165/3/2024-01-01) does not affect the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).
- (5) In [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/165/3/2024-01-01) “*Corporate Officer*” means—
- (a) sections 99, 100 and 103 (compliance notices under [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16));
- (b) [paragraphs 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2024-01-16) to [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/3/2024-01-16) of [Schedule 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-16) (powers of entry of authorised officers).
- (2) If the Palace of Westminster (or any part of it) is a higher-risk building within the meaning of [Part 4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16), for the purposes of that Part the accountable persons for the building are the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons, acting jointly.
- (3) No contravention by a Corporate Officer of a provision made by or under [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) or [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) makes the Corporate Officer criminally liable.
- (4) [Subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/165/3/2024-01-16) does not affect the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).
- (5) In [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/165/3/2024-01-16) “*Corporate Officer*” means—
- (a) the Corporate Officer of the House of Lords,
@@ -6210,7 +6210,7 @@
##### 167
- (1) The Welsh Ministers may by regulations make provision, in relation to Wales, that is consequential on [Part 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-01) or section 156.
- (1) The Welsh Ministers may by regulations make provision, in relation to Wales, that is consequential on [Part 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-16) or section 156.
- (2) The regulations may amend, repeal or revoke provision made by or under—
@@ -6238,13 +6238,13 @@
- (1) This section applies to regulations under any provision of this Act except—
- (a) section 138[(7)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/b/2024-01-01) (new homes ombudsman scheme: meaning of “developer”),
- (a) section 138[(7)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/138/7/b/2024-01-16) (new homes ombudsman scheme: meaning of “developer”),
- (b) section 167 (power of Welsh Ministers to make consequential provision),
- (c) section 170 (commencement and transitional provision), and
- (d) [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-01) (construction products regulations).
- (d) [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-16) (construction products regulations).
- (2) A power to make regulations includes power to make—
@@ -6260,15 +6260,15 @@
- (6) A statutory instrument containing (whether alone or with other provision)—
- (a) regulations under section 12, 62, 65[(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/5/2024-01-01), 68, 71, 72, 74, 119A, 123, 126, 128, 129 or 140 or [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/6/2024-01-01) of [Schedule 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-01) or [paragraph 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2024-01-01)[(12)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/12/2024-01-01), [13](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/13/2024-01-01)[(10)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/13/10/2024-01-01) or [15](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/15/2024-01-01)[(4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/15/4/2024-01-01) of [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-01)or paragraph [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/2024-01-01)[(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/5/2024-01-01), [12](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/12/2024-01-01) or [15](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/15/2024-01-01) of [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01),
- (b) regulations made by virtue of section 65[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/3/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/3/c/2024-01-01),
- (c) regulations under section 89 (except regulations only making provision of a kind mentioned in section 89[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/89/2/2024-01-01)),
- (d) regulations under section 90 (except regulations only making provision of a kind mentioned in section 90[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/90/3/2024-01-01) or [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/90/4/2024-01-01)),
- (e) regulations under section 92 (except regulations only making provision of a kind mentioned in section 92[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/92/3/2024-01-01)),
- (a) regulations under section 12, 62, 65[(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/5/2024-01-16), 68, 71, 72, 74, 119A, 123, 126, 128, 129 or 140 or [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/6/2024-01-16) of [Schedule 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-16) or [paragraph 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2024-01-16)[(12)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/12/2024-01-16), [13](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/13/2024-01-16)[(10)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/13/10/2024-01-16) or [15](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/15/2024-01-16)[(4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/15/4/2024-01-16) of [Schedule 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/2024-01-16)or paragraph [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/2024-01-16)[(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/5/2024-01-16), [12](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/12/2024-01-16) or [15](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/15/2024-01-16) of [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16),
- (b) regulations made by virtue of section 65[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/3/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/65/3/c/2024-01-16),
- (c) regulations under section 89 (except regulations only making provision of a kind mentioned in section 89[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/89/2/2024-01-16)),
- (d) regulations under section 90 (except regulations only making provision of a kind mentioned in section 90[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/90/3/2024-01-16) or [(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/90/4/2024-01-16)),
- (e) regulations under section 92 (except regulations only making provision of a kind mentioned in section 92[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/92/3/2024-01-16)),
- (f) regulations under sections 153 to 155, or
@@ -6286,13 +6286,13 @@
- (2) The following provisions extend to England and Wales, Scotland and Northern Ireland—
- (a) [Part 1](https://www.legislation.gov.uk/ukpga/2022/30/part/1/2024-01-01);
- (b) [paragraphs 87](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/paragraph/87/2024-01-01) and [88](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/paragraph/88/2024-01-01) of [Schedule 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/2024-01-01) (and section 55 so far as relating to those paragraphs);
- (c) sections 136 to 143 and [Schedule 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/2024-01-01) (new homes ombudsman scheme);
- (d) section 146 and [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-01) (construction products);
- (a) [Part 1](https://www.legislation.gov.uk/ukpga/2022/30/part/1/2024-01-16);
- (b) [paragraphs 87](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/paragraph/87/2024-01-16) and [88](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/paragraph/88/2024-01-16) of [Schedule 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/2024-01-16) (and section 55 so far as relating to those paragraphs);
- (c) sections 136 to 143 and [Schedule 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/2024-01-16) (new homes ombudsman scheme);
- (d) section 146 and [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-16) (construction products);
- (e) sections 152 to 155 (costs contribution orders);
@@ -6300,9 +6300,9 @@
- (g) this Part except section 161, 164 and 167.
- (3) Section 2[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/2/2/2024-01-01) and [Schedule 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/1/2024-01-01) (amendments of the Health and Safety at Work etc Act 1974) extend to England and Wales and Scotland.
- (4) The amendments made by [Schedule 10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/10/2024-01-01) (amendments in connection with the new homes ombudsman scheme) have the same extent as the provision amended.
- (3) Section 2[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/2/2/2024-01-16) and [Schedule 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/1/2024-01-16) (amendments of the Health and Safety at Work etc Act 1974) extend to England and Wales and Scotland.
- (4) The amendments made by [Schedule 10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/10/2024-01-16) (amendments in connection with the new homes ombudsman scheme) have the same extent as the provision amended.
- (5) Sections 147 to 149 (liability relating to construction products) extend to England and Wales and Scotland.
@@ -6322,7 +6322,7 @@
- (a) section 1;
- (b) section 2[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/2/1/2024-01-01);
- (b) section 2[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/2/1/2024-01-16);
- (c) section 7;
@@ -6334,9 +6334,9 @@
- (g) section 115;
- (h) [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/6/2024-01-01) except sections 161 and 164.
- (2) [Parts 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) and [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01), except the provisions mentioned in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/1/2024-01-01), come into force—
- (h) [this Part](https://www.legislation.gov.uk/ukpga/2022/30/part/6/2024-01-16) except sections 161 and 164.
- (2) [Parts 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) and [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16), except the provisions mentioned in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/1/2024-01-16), come into force—
- (a) for the purposes of making regulations, on the day on which this Act is passed;
@@ -6344,35 +6344,35 @@
- (3) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
- (a) sections 116 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01);
- (a) sections 116 to 125 and [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16);
- (b) section 134;
- (c) section 135;
- (d) section 146 and [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-01);
- (d) section 146 and [Schedule 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-16);
- (e) sections 147 to 155;
- (f) sections 157 to 159.
- (4) As regards [Part 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-01) and section 156—
- (4) As regards [Part 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-16) and section 156—
- (a) the following provisions come into force on such day as the Welsh Ministers may by regulations appoint—
- (i) section 31 so far as relating to section 120I of the Building Act 1984;
- (ii) section 32[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/32/3/2024-01-01) so far as relating to section 91ZD of that Act;
- (ii) section 32[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/32/3/2024-01-16) so far as relating to section 91ZD of that Act;
- (iii) section 42 so far as relating to section [58Z2](#p00210) and [58Z10](#p00222) of that Act;
- (iv) [paragraph 56](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/paragraph/56/2024-01-01) of [Schedule 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/2024-01-01) (and section 55 so far as relating to that paragraph);
- (iv) [paragraph 56](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/paragraph/56/2024-01-16) of [Schedule 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/2024-01-16) (and section 55 so far as relating to that paragraph);
- (v) paragraph 77 of that Schedule so far as relating to section 120C of the Building Act 1984 (and section 55 so far as relating to that section);
- (b) the following provisions come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations appoint—
- (i) section 32 except [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/3/2024-01-01) of that section;
- (i) section 32 except [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/3/2024-01-16) of that section;
- (ii) section 33 except so far as relating to paragraph 1D(3) of Schedule 1 to the Building Act 1984;
@@ -6380,31 +6380,31 @@
- (iv) section 42 except so far as relating to section 58Z2, 58Z7 or [58Z10](#p00222) of the Building Act 1984;
- (v) section 43 and [Schedule 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/2024-01-01);
- (v) section 43 and [Schedule 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/2024-01-16);
- (vi) sections 44 to 52;
- (vii) section 53 except [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/1/2024-01-01) of that section;
- (viii) section 55 and [Schedule 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/2024-01-01) except—
- (vii) section 53 except [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/1/2024-01-16) of that section;
- (viii) section 55 and [Schedule 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/5/2024-01-16) except—
- (A) paragraphs 38 and 87 to 89 of that Schedule (and section 55 so far as relating to those paragraphs);
- (B) paragraph 77 of that Schedule so far as relating to section 120B of the Building Act 1984 (and section 55 so far as relating to that section);
- (ix) section 56 and [Schedule 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/2024-01-01) except paragraphs 7 and 29 of that Schedule (and section 56 so far as relating to those paragraphs);
- (ix) section 56 and [Schedule 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/2024-01-16) except paragraphs 7 and 29 of that Schedule (and section 56 so far as relating to those paragraphs);
- (x) section 57;
- (xi) section 156 except [subsection (8)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/8/2024-01-01) of that section so far as relating to Article 22B of the Regulatory Reform (Fire Safety) Order 2005;
- (c) subject to that, [Part 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-01) and section 156 come into force on such day as the Secretary of State may by regulations appoint.
- (xi) section 156 except [subsection (8)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/8/2024-01-16) of that section so far as relating to Article 22B of the Regulatory Reform (Fire Safety) Order 2005;
- (c) subject to that, [Part 3](https://www.legislation.gov.uk/ukpga/2022/30/part/3/2024-01-16) and section 156 come into force on such day as the Secretary of State may by regulations appoint.
- (5) The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
- (6) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
- (7) Regulations under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/4/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/4/a/2024-01-01) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/4/b/2024-01-01) may make transitional or saving provision.
- (7) Regulations under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/4/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/4/a/2024-01-16) or [(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/170/4/b/2024-01-16) may make transitional or saving provision.
- (8) The powers to make regulations under this section include power to make different provision for different purposes or for different areas.
@@ -6480,7 +6480,7 @@
In section 53 (general interpretation) at the appropriate place insert—
> - “*the building enactments*” means the provisions of, and of instruments made under—the Building Act 1984, andParts [2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01) and [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-01) of the Building Safety Act 2022;
> - “*the building enactments*” means the provisions of, and of instruments made under—the Building Act 1984, andParts [2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16) and [4](https://www.legislation.gov.uk/ukpga/2022/30/part/4/2024-01-16) of the Building Safety Act 2022;
;
@@ -6540,11 +6540,11 @@
- (b) to confer a power to enter by force (if necessary).
- (2) The warrant authorises any authorised officer to enter the premises at any time (subject to [sub-paragraph (3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/2/3/2024-01-01)) for the purposes specified in the warrant, by force (if necessary).
- (2) The warrant authorises any authorised officer to enter the premises at any time (subject to [sub-paragraph (3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/2/3/2024-01-16)) for the purposes specified in the warrant, by force (if necessary).
- (3) The warrant may limit the times at which the power of entry may be exercised.
- (4) [Sub-paragraphs (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2/2024-01-01) to [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/5/2024-01-01) of [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2024-01-01) apply in relation to the power of entry conferred by a warrant under [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/2/2024-01-01) as they apply in relation to the power of entry conferred by [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/2/1/2024-01-01) of that paragraph.
- (4) [Sub-paragraphs (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2/2024-01-16) to [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/5/2024-01-16) of [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2024-01-16) apply in relation to the power of entry conferred by a warrant under [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/2/2024-01-16) as they apply in relation to the power of entry conferred by [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/2/1/2024-01-16) of that paragraph.
#### Entry to domestic premises (with warrant)
@@ -6564,7 +6564,7 @@
- (2) The warrant—
- (a) authorises any authorised officer to enter the premises at any time (subject to [sub-paragraph (3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/3/3/2024-01-01)) for the purposes specified in the warrant, and
- (a) authorises any authorised officer to enter the premises at any time (subject to [sub-paragraph (3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/3/3/2024-01-16)) for the purposes specified in the warrant, and
- (b) confers such additional powers as may be specified in the warrant.
@@ -6574,7 +6574,7 @@
- (a) the power to enter by force (if necessary);
- (b) the powers under [sub-paragraphs (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2/2024-01-01) to [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/5/2024-01-01) of [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2024-01-01).
- (b) the powers under [sub-paragraphs (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2/2024-01-16) to [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/5/2024-01-16) of [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2024-01-16).
- (5) An additional power may be specified in the warrant only if the justice of the peace is satisfied that it is necessary to confer the power.
@@ -6600,11 +6600,11 @@
- (b) the consequences of failing to comply with the requirement.
- (6) Information provided by a person under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/4/1/2024-01-01) is not admissible in evidence against that person in criminal proceedings except—
- (6) Information provided by a person under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/4/1/2024-01-16) is not admissible in evidence against that person in criminal proceedings except—
- (a) in proceedings for an offence under section 24,
- (b) in proceedings for an offence under [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/6/2024-01-01)[(1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/6/1/2024-01-01),
- (b) in proceedings for an offence under [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/6/2024-01-16)[(1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/6/1/2024-01-16),
- (c) in proceedings for an offence of perverting the course of justice, or
@@ -6624,15 +6624,15 @@
##### 5
Anything that has been seized under [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2024-01-01)[(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/5/2024-01-01), or any document produced under [paragraph 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/4/2024-01-01), may be retained for so long as is necessary in all the circumstances.
Anything that has been seized under [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/2024-01-16)[(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/1/5/2024-01-16), or any document produced under [paragraph 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/4/2024-01-16), may be retained for so long as is necessary in all the circumstances.
#### Offence of failing to provide information, documents etc
##### 6
- (1) A person who fails without reasonable excuse to comply with a requirement under [paragraph 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/4/2024-01-01) commits an offence.
- (2) A person guilty of an offence under [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/6/2024-01-01) is liable—
- (1) A person who fails without reasonable excuse to comply with a requirement under [paragraph 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/4/2024-01-16) commits an offence.
- (2) A person guilty of an offence under [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/paragraph/6/2024-01-16) 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);
@@ -6642,9 +6642,9 @@
##### 7
- (1) In [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-01) —
- “*authorised officer*”, in relation to the exercise of any power conferred by or the doing of anything else mentioned in a paragraph of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-01) for the purpose of a relevant building function, means a person authorised under section 22 in relation to that paragraph for the purposes of that function;
- (1) In [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-16) —
- “*authorised officer*”, in relation to the exercise of any power conferred by or the doing of anything else mentioned in a paragraph of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-16) for the purpose of a relevant building function, means a person authorised under section 22 in relation to that paragraph for the purposes of that function;
- “*domestic premises*” means premises (in England or Wales) used wholly or mainly as a private dwelling;
@@ -6672,7 +6672,7 @@
##### 1
In [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-01) any reference to a function under an enactment includes a function under an instrument made under the enactment.
In [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/2024-01-16) any reference to a function under an enactment includes a function under an instrument made under the enactment.
#### Local authorities, fire and rescue authorities etc
@@ -6698,7 +6698,7 @@
- (4) A relevant person may disclose information held in connection with any of their relevant functions to another relevant person for the purposes of a relevant function of either of them.
- (5) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/2/2024-01-01)—
- (5) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/2/2024-01-16)—
- “*FSO authorised person*” has the meaning given by section 14;
@@ -6710,15 +6710,15 @@
##### 3
- (1) The regulator and a person mentioned in [sub-paragraph (4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/3/4/2024-01-01) must cooperate with each other in the exercise of—
- (1) The regulator and a person mentioned in [sub-paragraph (4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/3/4/2024-01-16) must cooperate with each other in the exercise of—
- (a) any building function of the regulator, and
- (b) any relevant function of the person.
- (2) The regulator may disclose to a person mentioned in [sub-paragraph (4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/3/4/2024-01-01) information held in connection with any of its building functions, for the purpose of any of those functions or any relevant functions of the person.
- (3) A person mentioned in [sub-paragraph (4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/3/4/2024-01-01) may disclose to the regulator information held in connection with any of their relevant functions, for the purpose of any of those functions or any building function of the regulator.
- (2) The regulator may disclose to a person mentioned in [sub-paragraph (4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/3/4/2024-01-16) information held in connection with any of its building functions, for the purpose of any of those functions or any relevant functions of the person.
- (3) A person mentioned in [sub-paragraph (4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/3/4/2024-01-16) may disclose to the regulator information held in connection with any of their relevant functions, for the purpose of any of those functions or any building function of the regulator.
- (4) The persons are—
@@ -6736,7 +6736,7 @@
- (d) the new homes ombudsman scheme.
- (6) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/3/2024-01-01) “*relevant function*” means—
- (6) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/3/2024-01-16) “*relevant function*” means—
- (a) in relation to the Regulator of Social Housing, any of its functions;
@@ -6750,7 +6750,7 @@
- (2) The Secretary of State may disclose to the regulator information held in connection with any relevant function, for the purpose of any relevant function or any building function of the regulator.
- (3) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/4/2024-01-01) “*relevant function*” means any function of the Secretary of State (whether or not under an enactment) that relates to buildings.
- (3) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/4/2024-01-16) “*relevant function*” means any function of the Secretary of State (whether or not under an enactment) that relates to buildings.
#### Police
@@ -6758,7 +6758,7 @@
- (1) The regulator may disclose to a constable information held by it in connection with any of its building functions.
- (2) A constable to whom information is disclosed in pursuance of [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/5/1/2024-01-01) must not use the information for a purpose other than—
- (2) A constable to whom information is disclosed in pursuance of [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/5/1/2024-01-16) must not use the information for a purpose other than—
- (a) a purpose relating to the prevention, detection, investigation or prosecution of an offence (whether or not under this Act);
@@ -6782,7 +6782,7 @@
- (b) any prescribed function of the public authority, so far as it relates to England.
- (3) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/6/2024-01-01) “relevant person” and “relevant function” have the meaning given in [paragraph 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/2/2024-01-01).
- (3) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/6/2024-01-16) “relevant person” and “relevant function” have the meaning given in [paragraph 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/3/paragraph/2/2024-01-16).
## Schedule 4
@@ -6804,7 +6804,7 @@
- (2) In subsection (1)—
- (a) in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/paragraph/4/2/a/2024-01-01) for “an approved inspector” substitute “a registered building control approver”;
- (a) in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/paragraph/4/2/a/2024-01-16) for “an approved inspector” substitute “a registered building control approver”;
- (b) in the words after paragraph (d) for “approved inspector” substitute “registered building control approver”.
@@ -6824,7 +6824,7 @@
##### 7
In section 51[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/1/2024-01-01) (final certificates)—
In section 51[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/51/1/2024-01-16) (final certificates)—
- (a) for “an approved inspector” substitute “a registered building control approver”;
@@ -6848,13 +6848,13 @@
- (2) In subsection (1)—
- (a) in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/paragraph/10/2/a/2024-01-01)—
- (a) in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/paragraph/10/2/a/2024-01-16)—
- (i) for “approved inspector” substitute “registered building control approver”;
- (ii) for “his” substitute “their”;
- (b) in [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/paragraph/10/2/b/2024-01-01)—
- (b) in [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/paragraph/10/2/b/2024-01-16)—
- (i) for “approved inspector” substitute “registered building control approver”;
@@ -6862,7 +6862,7 @@
- (iii) for “his” substitute “their”;
- (c) in [paragraph (c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/paragraph/10/2/c/2024-01-01) for “approved inspector” substitute “registered building control approver”.
- (c) in [paragraph (c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/4/paragraph/10/2/c/2024-01-16) for “approved inspector” substitute “registered building control approver”.
- (3) In subsection (2)(a) for “approved inspector” substitute “registered building control approver”.
@@ -6880,7 +6880,7 @@
##### 13
In section 58(3) (construction of [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-01))—
In section 58(3) (construction of [Part 2](https://www.legislation.gov.uk/ukpga/2022/30/part/2/2024-01-16))—
- (a) for “an approved inspector” substitute “a registered building control approver”;
@@ -8121,51 +8121,51 @@
- (a) section 19(4) (use of short-lived materials);
- (b) section 21[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/69/3/2024-01-01), [(4)](#p00093) and [(6)](#p00094) (provision of drainage);
- (c) section 22[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/22/4/2024-01-01) (drainage of buildings in combination);
- (d) section 24[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/24/2/2024-01-01) (provision of exits etc);
- (e) section 25[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/2/2024-01-01) and [(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/5/2024-01-01) (provision of water supply);
- (b) section 21[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/69/3/2024-01-16), [(4)](#p00093) and [(6)](#p00094) (provision of drainage);
- (c) section 22[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/22/4/2024-01-16) (drainage of buildings in combination);
- (d) section 24[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/24/2/2024-01-16) (provision of exits etc);
- (e) section 25[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/2/2024-01-16) and [(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/5/2024-01-16) (provision of water supply);
- (f) section 33(6) (tests for conformity with building regulations);
- (g) section 36[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/3/2024-01-01) (period for compliance with section 36 notice);
- (h) section 40[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/1/2024-01-01) (appeal against section 36 notice);
- (g) section 36[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/3/2024-01-16) (period for compliance with section 36 notice);
- (h) section 40[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/36/1/2024-01-16) (appeal against section 36 notice);
- (i) section 55(1) (appeal against rejection of certain notices);
- (j) section 62[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/2/2024-01-01) (disconnection of drain);
- (k) section 68[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/68/3/2024-01-01) (erection of public conveniences);
- (l) section 73[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/2/2024-01-01) (raising of chimney);
- (m) section 75[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/2/2024-01-01), in both places it occurs, and section 75[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/3/2024-01-01) (cellars etc below subsoil);
- (n) section 77[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/77/1/2024-01-01), in both places it occurs (dangerous buildings);
- (j) section 62[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/2/2024-01-16) (disconnection of drain);
- (k) section 68[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/68/3/2024-01-16) (erection of public conveniences);
- (l) section 73[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/73/2/2024-01-16) (raising of chimney);
- (m) section 75[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/2/2024-01-16), in both places it occurs, and section 75[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/3/2024-01-16) (cellars etc below subsoil);
- (n) section 77[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/77/1/2024-01-16), in both places it occurs (dangerous buildings);
- (o) section 78(7)(a) (dangerous buildings - emergency measures);
- (p) section 85[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/85/3/2024-01-01) (maintenance of entrances to courtyards);
- (p) section 85[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/85/3/2024-01-16) (maintenance of entrances to courtyards);
- (q) section 98 (power to require occupier to permit work);
- (r) section 102(1) (appeal against notice requiring works);
- (s) section 103[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/3/2024-01-01) (notification requirement as regards right of appeal);
- (t) in [Schedule 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-01), [paragraph 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/paragraph/3/2024-01-01)[(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/paragraph/3/3/2024-01-01) (application under section 8).
- (s) section 103[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/103/3/2024-01-16) (notification requirement as regards right of appeal);
- (t) in [Schedule 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-16), [paragraph 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/paragraph/3/2024-01-16)[(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/paragraph/3/3/2024-01-16) (application under section 8).
##### 10
In section 7[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/7/2/2024-01-01)(b) after “court” insert “or tribunal”.
In section 7[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/7/2/2024-01-16)(b) after “court” insert “or tribunal”.
##### 11
In section 25[(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/5/2024-01-01) after “the court”, in both places it occurs, insert “or tribunal”.
In section 25[(5)](https://www.legislation.gov.uk/ukpga/2022/30/section/25/5/2024-01-16) after “the court”, in both places it occurs, insert “or tribunal”.
##### 12
@@ -8185,7 +8185,7 @@
##### 16
In section 62[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/2/2024-01-01) after “the court” insert “or tribunal”.
In section 62[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/62/2/2024-01-16) after “the court” insert “or tribunal”.
##### 17
@@ -8193,15 +8193,15 @@
##### 18
In section 70[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/4/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/4/b/2024-01-01) after “court” insert “or tribunal”.
In section 70[(4)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/4/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/70/4/b/2024-01-16) after “court” insert “or tribunal”.
##### 19
In section 75[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/2/2024-01-01) after “court” insert “or tribunal”.
In section 75[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/75/2/2024-01-16) after “court” insert “or tribunal”.
##### 20
In section 77[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/77/1/2024-01-01) after “court” insert “or tribunal”.
In section 77[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/77/1/2024-01-16) after “court” insert “or tribunal”.
##### 21
@@ -8209,7 +8209,7 @@
##### 22
In section 83[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/83/3/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/92/3/b/2024-01-01) after “court” insert “or tribunal”.
In section 83[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/83/3/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/section/92/3/b/2024-01-16) after “court” insert “or tribunal”.
##### 23
@@ -8257,7 +8257,7 @@
##### 28
In [Schedule 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-01) in [paragraph 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/paragraph/2/2024-01-01)(b) after “court” insert “or tribunal”.
In [Schedule 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-16) in [paragraph 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/6/paragraph/2/2024-01-16)(b) after “court” insert “or tribunal”.
#### Enforcement
@@ -8302,15 +8302,15 @@
In this Schedule—
- “*special measures manager*” means a person appointed under paragraph [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/4/2024-01-01);
- “*special measures order*” means an order under paragraph [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/4/2024-01-01).
- “*special measures manager*” means a person appointed under paragraph [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/4/2024-01-16);
- “*special measures order*” means an order under paragraph [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/4/2024-01-16).
#### Notification by regulator before applying for special measures order
##### 2
- (1) This paragraph applies where the regulator proposes to make an application under paragraph [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/4/2024-01-01) for a special measures order in relation to an occupied higher-risk building.
- (1) This paragraph applies where the regulator proposes to make an application under paragraph [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/4/2024-01-16) for a special measures order in relation to an occupied higher-risk building.
- (2) The regulator must give a notice (an “initial notice”) of the proposal to—
@@ -8348,13 +8348,13 @@
- (f) state that any representations must be in writing to such postal or email address as is specified in the notice.
- (4) Where the terms specified by virtue of sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/3/2024-01-01)[(d)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/3/d/2024-01-01) include a term requiring an accountable person for the building to make payments to the special measures manager for the building, the regulator must give to the persons mentioned in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-01) a financial management proposal with the initial notice.
- (5) After the end of the period mentioned in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/3/2024-01-01)[(e)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/3/e/2024-01-01) the regulator must—
- (4) Where the terms specified by virtue of sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/3/2024-01-16)[(d)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/3/d/2024-01-16) include a term requiring an accountable person for the building to make payments to the special measures manager for the building, the regulator must give to the persons mentioned in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-16) a financial management proposal with the initial notice.
- (5) After the end of the period mentioned in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/3/2024-01-16)[(e)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/3/e/2024-01-16) the regulator must—
- (a) decide whether to make the application, and
- (b) give a notice (a “final notice”) of its decision to the persons mentioned in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-01).
- (b) give a notice (a “final notice”) of its decision to the persons mentioned in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-16).
- (6) The final notice must—
@@ -8364,11 +8364,11 @@
- (c) if the regulator intends to make the application, specify the terms of the order that the regulator intends to invite the tribunal to make (including the name and address of the person the regulator proposes to be the special measures manager for the building).
- (7) Where the terms specified by virtue of sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/6/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/6/c/2024-01-01) include a term requiring an accountable person for the building to make payments to the special measures manager for the building, the regulator must give to the persons mentioned in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-01) a financial management proposal with the final notice.
- (8) The regulator must comply with sub-paragraphs [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/5/2024-01-01) to [(7)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/7/2024-01-01) before making the application.
- (9) The duty under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-01), [(4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/4/2024-01-01), (5)(b) or [(7)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/7/2024-01-01) does not apply in relation to a person mentioned in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-01) if the regulator—
- (7) Where the terms specified by virtue of sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/6/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/6/c/2024-01-16) include a term requiring an accountable person for the building to make payments to the special measures manager for the building, the regulator must give to the persons mentioned in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-16) a financial management proposal with the final notice.
- (8) The regulator must comply with sub-paragraphs [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/5/2024-01-16) to [(7)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/7/2024-01-16) before making the application.
- (9) The duty under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-16), [(4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/4/2024-01-16), (5)(b) or [(7)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/7/2024-01-16) does not apply in relation to a person mentioned in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-16) if the regulator—
- (a) is not aware of the person, and
@@ -8376,7 +8376,7 @@
- (10) In this paragraph—
- “*financial management proposal*” has the meaning given by paragraph [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/3/2024-01-01);
- “*financial management proposal*” has the meaning given by paragraph [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/3/2024-01-16);
- “*relevant part*”, in relation to a higher-risk building, means any part of the building except premises occupied for the purposes of a business.
@@ -8386,7 +8386,7 @@
- (b) the way in which the notice must be given.
- (12) The Secretary of State may by regulations amend the list in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-01).
- (12) The Secretary of State may by regulations amend the list in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2/2024-01-16).
#### Meaning of “financial management proposal”
@@ -8482,7 +8482,7 @@
##### 7
- (1) Sub-paragraphs [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/2/2024-01-01) and [(6)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/6/2024-01-01) apply while a special measures order relating to a higher-risk building is in force.
- (1) Sub-paragraphs [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/2/2024-01-16) and [(6)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/6/2024-01-16) apply while a special measures order relating to a higher-risk building is in force.
- (2) A relevant contract has effect as if relevant rights and liabilities of an accountable person for the building arising under the contract were rights and liabilities of the special measures manager for the building.
@@ -8496,11 +8496,11 @@
- (d) it is specified for the purposes of this sub-paragraph in the special measures order or falls within a description of contracts so specified, and
- (e) the manager gives notice in writing to the parties to it stating that sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/2/2024-01-01) is to apply to it.
- (e) the manager gives notice in writing to the parties to it stating that sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/2/2024-01-16) is to apply to it.
- (4) A right or liability of an accountable person for the building under a relevant contract is a “relevant right or liability” if it relates to a function of that person under, or under regulations made under, this Part in relation to the building.
- (5) The notice under sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/3/2024-01-01)[(e)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/3/e/2024-01-01) must state which rights or liabilities under the contract are relevant rights or liabilities.
- (5) The notice under sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/3/2024-01-16)[(e)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/3/e/2024-01-16) must state which rights or liabilities under the contract are relevant rights or liabilities.
- (6) The special measures manager for the building may bring, continue or defend a relevant cause of action.
@@ -8512,7 +8512,7 @@
- (c) it is specified for the purposes of this sub-paragraph in the special measures order or falls within a description of causes of action so specified, and
- (d) the manager gives notice in writing to any person the manager considers would have an interest in the cause of action that sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/6/2024-01-01) is to apply to it.
- (d) the manager gives notice in writing to any person the manager considers would have an interest in the cause of action that sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7/6/2024-01-16) is to apply to it.
- (8) Where, by virtue of this paragraph, the special measures manager for the building is subject to a liability to pay damages in respect of anything done (or not done) before the date of their appointment by or on behalf of an accountable person for the building, that person is liable to reimburse to the manager an amount equal to the amount of damages paid by the manager.
@@ -8753,7 +8753,7 @@
##### 15
- (1) The regulator must take all reasonable steps to notify the persons mentioned in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/15/2/2024-01-01) of the making, variation or discharge of a special measures order in relation to a higher-risk building.
- (1) The regulator must take all reasonable steps to notify the persons mentioned in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/15/2/2024-01-16) of the making, variation or discharge of a special measures order in relation to a higher-risk building.
- (2) The persons are—
@@ -8777,9 +8777,9 @@
- (j) where any part of the building contains premises occupied for the purposes of a business, each responsible person (within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005) in relation to those premises.
- (3) In this paragraph “*relevant part*”, in relation to a higher-risk building, has the meaning given by paragraph [2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2024-01-01)[(10)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/10/2024-01-01).
- (4) The Secretary of State may by regulations amend the list in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/15/2/2024-01-01).
- (3) In this paragraph “*relevant part*”, in relation to a higher-risk building, has the meaning given by paragraph [2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/2024-01-16)[(10)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2/10/2024-01-16).
- (4) The Secretary of State may by regulations amend the list in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/15/2/2024-01-16).
#### Special measures order: change in accountable person etc
@@ -8809,7 +8809,7 @@
In this Schedule—
- “*commonhold building safety assessment*” has the meaning given by paragraph [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/4/2024-01-01);
- “*commonhold building safety assessment*” has the meaning given by paragraph [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/4/2024-01-16);
- “*local housing authority*” has the meaning given by section 261 of the Housing Act 2004;
@@ -8817,11 +8817,11 @@
- “*recognised tenants association*” has the meaning given by section 29 of the Landlord and Tenant Act 1985;
- “*relevant expenses*” has the meaning given by paragraph [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/3/2024-01-01);
- “*special measures manager*” has the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-01);
- “*special measures order*” has the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-01).
- “*relevant expenses*” has the meaning given by paragraph [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/3/2024-01-16);
- “*special measures manager*” has the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-16);
- “*special measures order*” has the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1/2024-01-16).
## Schedule 8
@@ -8829,7 +8829,7 @@
##### 1
- (1) In [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01)—
- (1) In [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16)—
- “*associated*”: see section 121;
@@ -8859,7 +8859,7 @@
##### 2
- (1) [This paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-01) applies in relation to a lease of any premises in a relevant building.
- (1) [This paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-16) applies in relation to a lease of any premises in a relevant building.
- (2) No service charge is payable under the lease in respect of a relevant measure relating to a relevant defect if a relevant landlord—
@@ -8867,17 +8867,17 @@
- (b) is associated with a person responsible for a relevant defect.
- (3) For the purposes of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-01) a person is “responsible for” a relevant defect if—
- (3) For the purposes of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-16) a person is “responsible for” a relevant defect if—
- (a) in the case of an initial defect, the person was, or was in a joint venture with, the developer or undertook or commissioned works relating to the defect;
- (b) in any other case, the person undertook or commissioned works relating to the defect.
- (4) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-01)—
- (4) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-16)—
- “*developer*” 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;
- “*initial defect*” means a defect which is a relevant defect by virtue of section 120[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/120/3/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/120/3/a/2024-01-01);
- “*initial defect*” means a defect which is a relevant defect by virtue of section 120[(3)](https://www.legislation.gov.uk/ukpga/2022/30/section/120/3/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/120/3/a/2024-01-16);
- “*relevant landlord*” means the landlord under the lease at the qualifying time or any superior landlord at that time.
@@ -8889,19 +8889,19 @@
- (2) The contribution condition is that the landlord group’s net worth at the qualifying time was more than N x £2,000,000,
where N is the number of relevant buildings within sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/3/2024-01-01).
where N is the number of relevant buildings within sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/3/2024-01-16).
- (3) A relevant building is within this sub-paragraph if a member of the landlord group was, at the qualifying time, a landlord under a lease of the relevant building or any part of it.
- (4) For the purposes of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/2024-01-01)—
- (4) For the purposes of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/2024-01-16)—
- (a) “*the landlord group*” means the relevant landlord and any person associated with the relevant landlord;
- (b) the net worth of the landlord group at the qualifying time is to be determined in accordance with regulations made by the Secretary of State.
- (5) The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/2/2024-01-01).
- (6) [This paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/2024-01-01) does not apply if, at the qualifying time, the relevant landlord was—
- (5) The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/2/2024-01-16).
- (6) [This paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/2024-01-16) does not apply if, at the qualifying time, the relevant landlord was—
- (a) a private registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008),
@@ -8919,7 +8919,7 @@
- (b) £175,000, in any other case.
- (2) For the purposes of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/4/2024-01-01) the value of a qualifying lease at the qualifying time is its value determined in accordance with [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/2024-01-01) and regulations made under it.
- (2) For the purposes of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/4/2024-01-16) the value of a qualifying lease at the qualifying time is its value determined in accordance with [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/2024-01-16) and regulations made under it.
#### Limit on service charge in other cases
@@ -8933,13 +8933,13 @@
does not exceed the permitted maximum.
- (2) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/5/2024-01-01) “*relevant service charge*” means a service charge under the lease in respect of a relevant measure relating to any relevant defect that—
- (2) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/5/2024-01-16) “*relevant service charge*” means a service charge under the lease in respect of a relevant measure relating to any relevant defect that—
- (a) fell due in the pre-commencement period, or
- (b) falls due after commencement.
- (3) In [sub-paragraph (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/5/2/2024-01-01) “*the pre-commencement period*” means the period—
- (3) In [sub-paragraph (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/5/2/2024-01-16) “*the pre-commencement period*” means the period—
- (a) beginning 5 years before commencement or, if later, on the day the relevant person became the tenant under the qualifying lease, and
@@ -8947,19 +8947,19 @@
“*The relevant person*” means the person who was the tenant under the qualifying lease at commencement.
- (4) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/5/2024-01-01)—
- “*commencement*” means the time [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/5/2024-01-01) comes into force;
- “*the permitted maximum*”: see [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/2024-01-01).
- (4) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/5/2024-01-16)—
- “*commencement*” means the time [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/5/2024-01-16) comes into force;
- “*the permitted maximum*”: see [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/2024-01-16).
#### Paragraph 5: the permitted maximum
##### 6
- (1) In [paragraph 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/5/2024-01-01) “*the permitted maximum*”, in relation to a qualifying lease, has the following meaning.
- (2) The permitted maximum is (subject to [sub-paragraphs (3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/3/2024-01-01) to [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/5/2024-01-01))—
- (1) In [paragraph 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/5/2024-01-16) “*the permitted maximum*”, in relation to a qualifying lease, has the following meaning.
- (2) The permitted maximum is (subject to [sub-paragraphs (3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/3/2024-01-16) to [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/5/2024-01-16))—
- (a) if the premises demised by the qualifying lease are in Greater London, £15,000;
@@ -8975,7 +8975,7 @@
- (b) the permitted maximum is the tenant’s total share (as at that time) of what would otherwise be the permitted maximum.
- (6) The Secretary of State may by regulations make provision about the determination of the value of a qualifying lease for the purposes of [paragraph 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/4/2024-01-01) and [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/2024-01-01).
- (6) The Secretary of State may by regulations make provision about the determination of the value of a qualifying lease for the purposes of [paragraph 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/4/2024-01-16) and [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/2024-01-16).
- (7) The regulations may in particular provide that, except in prescribed cases, the value of a qualifying lease at the qualifying time is to be determined by—
@@ -8983,7 +8983,7 @@
- (b) if that disposal occurred before 2022, uprating the consideration in accordance with the regulations.
- (8) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/2024-01-01) “shared ownership lease” and “total share” have the meaning given by section 7 of the Leasehold Reform, Housing and Urban Development Act 1993.
- (8) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/2024-01-16) “shared ownership lease” and “total share” have the meaning given by section 7 of the Leasehold Reform, Housing and Urban Development Act 1993.
#### Annual limit on service charges
@@ -8997,9 +8997,9 @@
does not exceed one tenth of the permitted maximum.
- (2) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/7/2024-01-01)—.
- “*the permitted maximum*” means the permitted maximum as defined by [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/2024-01-01) in relation to the lease;
- (2) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/7/2024-01-16)—.
- “*the permitted maximum*” means the permitted maximum as defined by [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/6/2024-01-16) in relation to the lease;
- “*relevant service charge*” means a service charge under a qualifying lease in respect of a relevant measure relating to any relevant defect.
@@ -9009,7 +9009,7 @@
- (1) No service charge is payable under a qualifying lease in respect of cladding remediation.
- (2) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/8/2024-01-01) “*cladding remediation*” means the removal or replacement of any part of a cladding system that—
- (2) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/8/2024-01-16) “*cladding remediation*” means the removal or replacement of any part of a cladding system that—
- (a) forms the outer wall of an external wall system, and
@@ -9021,7 +9021,7 @@
- (1) No service charge is payable under a qualifying lease in respect of legal or other professional services relating to the liability (or potential liability) of any person incurred as a result of a relevant defect.
- (2) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/9/2024-01-01) the reference to services includes services provided in connection with—
- (2) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/9/2024-01-16) the reference to services includes services provided in connection with—
- (a) obtaining legal advice,
@@ -9035,7 +9035,7 @@
##### 10
- (1) [This paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/10/2024-01-01) supplements paragraphs [2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-01) to [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/4/2024-01-01), [8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/8/2024-01-01) and [9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/9/2024-01-01) (the “relevant paragraphs”).
- (1) [This paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/10/2024-01-16) supplements paragraphs [2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-16) to [4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/4/2024-01-16), [8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/8/2024-01-16) and [9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/9/2024-01-16) (the “relevant paragraphs”).
- (2) Where a relevant paragraph provides that no service charge is payable under a lease in respect of a thing—
@@ -9047,13 +9047,13 @@
- (b) any amount payable under the lease, or met from a relevant reserve fund, is limited accordingly (and any necessary adjustment must be made by repayment, reduction of subsequent charges or otherwise).
- (3) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/10/2024-01-01)—
- (3) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/10/2024-01-16)—
- “*the relevant provisions*” means sections 18 to 30 of the Landlord and Tenant Act 1985 (service charges) and section 42 of the Landlord and Tenant Act 1987 (service charge contributions to be held on trust);
- “*relevant reserve fund*” means—a trust fund within the meaning of section 42 of the Landlord and Tenant Act 1987,an express trust of a kind mentioned in subsection (9) of that section, comprising payments made by the tenant under the lease and others, orany other fund comprising payments made by the tenant under the lease and others, and held for the purposes of meeting costs incurred or to be incurred in respect of the relevant building in question or any part of it (or in respect of that building or part and anything else).
- (4) The Secretary of State may by regulations modify the application of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/10/2024-01-01) as it applies in relation to a lease of premises that do not include a dwelling.
- (4) The Secretary of State may by regulations modify the application of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/10/2024-01-16) as it applies in relation to a lease of premises that do not include a dwelling.
#### No increase in service charge for other tenants
@@ -9061,9 +9061,9 @@
Where—
- (a) an amount (“*the original amount*”) would, apart from [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01), be payable by a tenant under a lease of premises in a relevant building, and
- (b) a greater amount would (apart from [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/11/b/2024-01-01)) be payable under the lease as a result of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01),
- (a) an amount (“*the original amount*”) would, apart from [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16), be payable by a tenant under a lease of premises in a relevant building, and
- (b) a greater amount would (apart from [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/11/b/2024-01-16)) be payable under the lease as a result of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16),
the lease has effect as if the amount payable were the original amount.
@@ -9071,23 +9071,23 @@
##### 12
- (1) The Secretary of State may by regulations make provision for and in connection with the recovery, from a prescribed relevant landlord, of any amount that is not recoverable under a lease as a result of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01).
- (2) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/12/2024-01-01) “*relevant landlord*”, in relation to a lease, means the landlord under the lease or any superior landlord.
- (1) The Secretary of State may by regulations make provision for and in connection with the recovery, from a prescribed relevant landlord, of any amount that is not recoverable under a lease as a result of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16).
- (2) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/12/2024-01-16) “*relevant landlord*”, in relation to a lease, means the landlord under the lease or any superior landlord.
#### Presumption: qualifying lease
##### 13
- (1) [This paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/13/2024-01-01) applies in relation to a lease that meets the conditions in paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/a/2024-01-01) to [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/c/2024-01-01) of section 119[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/2024-01-01).
- (2) The lease is to be treated for the purposes of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01) as a qualifying lease unless—
- (1) [This paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/13/2024-01-16) applies in relation to a lease that meets the conditions in paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/a/2024-01-16) to [(c)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/c/2024-01-16) of section 119[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/2024-01-16).
- (2) The lease is to be treated for the purposes of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16) as a qualifying lease unless—
- (a) the landlord under the lease has taken all reasonable steps (and any prescribed steps) to obtain a qualifying lease certificate from a tenant under the lease, and
- (b) no such certificate has been provided to the landlord.
- (3) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/13/2024-01-01) “*qualifying lease certificate*” means a certificate, complying with any prescribed requirements, that the condition in section 119[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/2024-01-01)[(d)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/d/2024-01-01) was met in relation to the lease at the qualifying time.
- (3) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/13/2024-01-16) “*qualifying lease certificate*” means a certificate, complying with any prescribed requirements, that the condition in section 119[(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/2024-01-16)[(d)](https://www.legislation.gov.uk/ukpga/2022/30/section/119/2/d/2024-01-16) was met in relation to the lease at the qualifying time.
- (4) The requirements that may be prescribed include requirements as to—
@@ -9101,9 +9101,9 @@
##### 14
- (1) The person who was the landlord under a qualifying lease at the qualifying time (“the relevant landlord”) is to be treated for the purposes of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01) as having met the contribution condition (as defined by paragraph [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/2024-01-01)) unless the landlord under the lease provides to the tenant under the lease a certificate, complying with any prescribed requirements, that the relevant landlord did not meet that condition.
- (2) The Secretary of State may by regulations provide that (in some or all cases) the condition in paragraph [2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-01)[(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2/2024-01-01) is to be treated for the purposes of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01) as met in relation to a lease to which paragraph [2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-01) applies unless the landlord under the lease provides to the tenant under the lease a certificate that complies with any prescribed requirements.
- (1) The person who was the landlord under a qualifying lease at the qualifying time (“the relevant landlord”) is to be treated for the purposes of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16) as having met the contribution condition (as defined by paragraph [3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/3/2024-01-16)) unless the landlord under the lease provides to the tenant under the lease a certificate, complying with any prescribed requirements, that the relevant landlord did not meet that condition.
- (2) The Secretary of State may by regulations provide that (in some or all cases) the condition in paragraph [2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-16)[(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2/2024-01-16) is to be treated for the purposes of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16) as met in relation to a lease to which paragraph [2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2/2024-01-16) applies unless the landlord under the lease provides to the tenant under the lease a certificate that complies with any prescribed requirements.
- (3) The requirements that may be prescribed include requirements as to—
@@ -9127,7 +9127,7 @@
- (1) The Secretary of State may by regulations make provision requiring a relevant landlord to give prescribed information or documents to a relevant tenant or other prescribed person.
- (2) Information or documents may be prescribed if they relate to any matter with which [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01) is concerned.
- (2) Information or documents may be prescribed if they relate to any matter with which [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16) is concerned.
- (3) The regulations may require the information or documents to be given in a prescribed way.
@@ -9145,11 +9145,11 @@
“Specified” here means specified in the order.
- (6) Nothing in sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/16/5/2024-01-01) limits the effect of regulations made by virtue of sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/16/4/2024-01-01).
- (7) Information or documents may be specified in an order under sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/16/5/2024-01-01) only if the regulations require them to be provided to the specified person.
- (8) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/16/2024-01-01)—
- (6) Nothing in sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/16/5/2024-01-16) limits the effect of regulations made by virtue of sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/16/4/2024-01-16).
- (7) Information or documents may be specified in an order under sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/16/5/2024-01-16) only if the regulations require them to be provided to the specified person.
- (8) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/16/2024-01-16)—
- “*relevant costs*” has the meaning given by section 18 of the Landlord and Tenant Act 1985 (and this applies in relation to a lease of premises that does not include a dwelling as it applies in relation to a lease of a dwelling);
@@ -9157,7 +9157,7 @@
- “*relevant lease*” means a lease of premises in a relevant building;
- “*relevant reserve fund*” has the meaning given by paragraph [10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/10/2024-01-01);
- “*relevant reserve fund*” has the meaning given by paragraph [10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/10/2024-01-16);
- “*relevant tenant*” means a tenant under a relevant lease.
@@ -9169,7 +9169,7 @@
##### 18
A covenant or agreement (whenever made) is void insofar as it purports to exclude or limit any provision made under [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-01).
A covenant or agreement (whenever made) is void insofar as it purports to exclude or limit any provision made under [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/2024-01-16).
## Schedule 9
@@ -9193,11 +9193,11 @@
- (c) a requirement to have internal procedures in place for the handling and resolution of complaints about matters in relation to which complaints may be made under the scheme.
- (3) If the scheme includes a requirement mentioned in [sub-paragraph (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/2/2/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/2/2/c/2024-01-01), it must also include a requirement to publish the procedures.
- (3) If the scheme includes a requirement mentioned in [sub-paragraph (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/2/2/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/2/2/c/2024-01-16), it must also include a requirement to publish the procedures.
##### 3
The scheme may provide for different categories of member and the provision mentioned in [paragraph 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/2/2024-01-01) (including provision about fees) may differ as between such categories.
The scheme may provide for different categories of member and the provision mentioned in [paragraph 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/2/2024-01-16) (including provision about fees) may differ as between such categories.
#### Fees
@@ -9227,7 +9227,7 @@
##### 7
The provision mentioned in [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/6/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/6/b/2024-01-01)—
The provision mentioned in [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/6/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/6/b/2024-01-16)—
- (a) must not include any requirement to pay a fee;
@@ -9247,7 +9247,7 @@
- (b) for the new homes ombudsman to require members of the scheme to provide information, and
- (c) for the new homes ombudsman to require members of the scheme to provide complainants whose complaints are determined to be well-founded with any one or more of the forms of redress in [paragraph 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/9/2024-01-01).
- (c) for the new homes ombudsman to require members of the scheme to provide complainants whose complaints are determined to be well-founded with any one or more of the forms of redress in [paragraph 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/9/2024-01-16).
##### 9
@@ -9267,9 +9267,9 @@
- (1) The scheme must include provision about the enforcement of determinations made by the new homes ombudsman.
- (2) That provision may include provision for the expulsion of a member from the scheme (and the requirement in section 137[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/137/1/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/137/1/a/2024-01-01) is not to be read as preventing the new homes ombudsman scheme from including such provision).
- (3) If provision described in [sub-paragraph (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/10/2/2024-01-01) is included in the scheme, provision must also be made about the circumstances in which an expelled member can rejoin the scheme.
- (2) That provision may include provision for the expulsion of a member from the scheme (and the requirement in section 137[(1)](https://www.legislation.gov.uk/ukpga/2022/30/section/137/1/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/section/137/1/a/2024-01-16) is not to be read as preventing the new homes ombudsman scheme from including such provision).
- (3) If provision described in [sub-paragraph (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/10/2/2024-01-16) is included in the scheme, provision must also be made about the circumstances in which an expelled member can rejoin the scheme.
#### Making of recommendations
@@ -9301,7 +9301,7 @@
- (1) The scheme may include provision about co-operation with persons who exercise functions under other redress schemes and, in particular, provision about arrangements for a person exercising functions under the scheme to do so jointly with a person exercising functions under another redress scheme, including for the making of joint determinations by the new homes ombudsman and an independent person making determinations under another redress scheme.
- (2) In [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/14/1/2024-01-01), “*redress scheme*” has the same meaning as in section 137.
- (2) In [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/9/paragraph/14/1/2024-01-16), “*redress scheme*” has the same meaning as in section 137.
#### Provision of information
@@ -9440,7 +9440,7 @@
- (1) The Secretary of State may by regulations make provision in relation to the marketing and supply of construction products in the United Kingdom.
- (2) Regulations under [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/1/2024-01-01) are called “construction products regulations”.
- (2) Regulations under [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/1/2024-01-16) are called “construction products regulations”.
#### General safety requirements
@@ -9454,13 +9454,13 @@
- (c) impose requirements in relation to the marketing or supply of construction products which are safe products.
- (2) For the purposes of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/2/2024-01-01) a construction product is a “safe product” if, under normal or reasonably foreseeable conditions of use, and taking into account any matters specified for the purposes of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/2/2024-01-01) by construction products regulations—
- (2) For the purposes of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/2/2024-01-16) a construction product is a “safe product” if, under normal or reasonably foreseeable conditions of use, and taking into account any matters specified for the purposes of [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/2/2024-01-16) by construction products regulations—
- (a) the product does not present any risk to the health or safety of persons, or
- (b) if it does, the risk is as low as it can be compatibly with using the product.
- (3) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/2/2024-01-01)—
- (3) In [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/2/2024-01-16)—
- “*use*” includes storage, transportation or packaging;
@@ -9472,13 +9472,13 @@
Construction products regulations may make provision for and in relation to—
- (a) designated standards for construction products (see [paragraph 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/4/2024-01-01));
- (b) technical assessments for construction products (see [paragraph 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/5/2024-01-01)).
- (a) designated standards for construction products (see [paragraph 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/4/2024-01-16));
- (b) technical assessments for construction products (see [paragraph 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/5/2024-01-16)).
##### 4
- (1) Provision under [paragraph 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/a/2024-01-01) (designated standards) may include provision—
- (1) Provision under [paragraph 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/a/2024-01-16) (designated standards) may include provision—
- (a) for the designation by the Secretary of State of standards prepared in accordance with the regulations or the 2011 Regulation;
@@ -9486,7 +9486,7 @@
- (c) for EU harmonised standards or international standards to be designated standards.
- (2) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/4/1/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/4/1/a/2024-01-01) may include provision as to—
- (2) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/4/1/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/4/1/a/2024-01-16) may include provision as to—
- (a) the persons by whom standards may be proposed;
@@ -9496,9 +9496,9 @@
##### 5
- (1) Provision under [paragraph 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/b/2024-01-01) (technical assessments) may include provision as to the procedure by which and persons by whom technical assessments are to be issued.
- (2) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/5/1/2024-01-01) may include provision for assessment bodies to issue technical assessments on the basis of assessment documents developed or adopted by them, and in particular provision—
- (1) Provision under [paragraph 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/b/2024-01-16) (technical assessments) may include provision as to the procedure by which and persons by whom technical assessments are to be issued.
- (2) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/5/1/2024-01-16) may include provision for assessment bodies to issue technical assessments on the basis of assessment documents developed or adopted by them, and in particular provision—
- (a) for the designation of assessment bodies by the Secretary of State;
@@ -9510,13 +9510,13 @@
Construction products regulations may—
- (a) impose requirements on persons carrying out activities in relation to construction products for which there are designated standards or technical assessments under the regulations (see [paragraph 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/2024-01-01));
- (b) confer powers on relevant authorities to impose requirements on such persons (see [paragraph 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/8/2024-01-01)).
- (a) impose requirements on persons carrying out activities in relation to construction products for which there are designated standards or technical assessments under the regulations (see [paragraph 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/2024-01-16));
- (b) confer powers on relevant authorities to impose requirements on such persons (see [paragraph 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/8/2024-01-16)).
##### 7
- (1) Provision under [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/a/2024-01-01) (imposition of requirements) may include provision for the imposition of requirements relating to—
- (1) Provision under [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/a/2024-01-16) (imposition of requirements) may include provision for the imposition of requirements relating to—
- (a) declarations of performance in respect of products which are or are to be marketed;
@@ -9544,7 +9544,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/a/2024-01-01) may include provision as to—
- (2) Provision about declarations of performance under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/a/2024-01-16) may include provision as to—
- (a) the technical documentation to be prepared in relation to a declaration of performance;
@@ -9554,13 +9554,13 @@
- (d) how a declaration of performance is to be supplied or made available.
- (3) Provision about the marking of products under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/c/2024-01-01) may include provision as to—
- (3) Provision about the marking of products under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/c/2024-01-16) 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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/2024-01-01)[(e)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/e/2024-01-01) may include provision as to—
- (4) Provision about the monitoring, assessment and verification of product performance under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/2024-01-16)[(e)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/1/e/2024-01-16) may include provision as to—
- (a) the carrying out of testing and other tasks by approved bodies;
@@ -9568,17 +9568,17 @@
- (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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/a/2024-01-01) may also be imposed on the authorised representatives of such persons.
- (5) Requirements which may be imposed on persons carrying out activities in relation to construction products under [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/a/2024-01-16) may also be imposed on the authorised representatives of such persons.
##### 8
- (1) Provision under [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/b/2024-01-01) (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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/a/2024-01-01), but
- (1) Provision under [paragraph 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/b/2024-01-16) (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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/6/a/2024-01-16), 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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/8/1/2024-01-01) may include powers by notice to—
- (2) The powers referred to in [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/8/1/2024-01-16) may include powers by notice to—
- (a) require a person to warn others of the risks attaching to a product;
@@ -9590,7 +9590,7 @@
- (e) require the recall of a product from persons to whom it has been supplied.
- (3) Provision under [sub-paragraph (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/8/2/2024-01-01) may include provision for appeals against a notice.
- (3) Provision under [sub-paragraph (2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/8/2/2024-01-16) may include provision for appeals against a notice.
##### 9
@@ -9604,15 +9604,15 @@
##### 10
- (1) For the purposes of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-01), “*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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/1/2024-01-01) if—
- (1) For the purposes of [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/2024-01-16), “*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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/1/2024-01-16) 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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/a/2024-01-01), or
- (i) designated standards under [paragraph 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/3/a/2024-01-16), or
- (ii) standards which are designated standards for the purposes of the 2011 Regulation.
@@ -9622,7 +9622,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/11/1/2024-01-01) may include provision as to—
- (2) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/11/1/2024-01-16) may include provision as to—
- (a) the persons by whom safety-critical standards may be proposed;
@@ -9634,23 +9634,23 @@
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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/13/2024-01-01));
- (b) confer powers on relevant authorities to impose requirements on such persons (see [paragraph 14](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/14/2024-01-01)).
- (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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/13/2024-01-16));
- (b) confer powers on relevant authorities to impose requirements on such persons (see [paragraph 14](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/14/2024-01-16)).
##### 13
Provision under [paragraph 12](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/a/2024-01-01) (imposition of requirements) may include any provision referred to in [paragraph 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/2024-01-01).
Provision under [paragraph 12](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/a/2024-01-16) (imposition of requirements) may include any provision referred to in [paragraph 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/7/2024-01-16).
##### 14
- (1) Provision under [paragraph 12](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/b/2024-01-01) (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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/a/2024-01-01), but
- (1) Provision under [paragraph 12](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/b/2024-01-16) (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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/12/a/2024-01-16), 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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/14/1/2024-01-01) include powers by notice to—
- (2) The powers referred to in [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/14/1/2024-01-16) include powers by notice to—
- (a) require a person to warn others of the risks attaching to a product;
@@ -9680,7 +9680,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/a/2024-01-01) may include—
- (2) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/a/2024-01-16) may include—
- (a) provision for relevant authorities to carry out, or secure the carrying out of, market surveillance and test purchases;
@@ -9688,7 +9688,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/b/2024-01-01) may include provision conferring powers on a relevant authority by notice to—
- (3) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/b/2024-01-16) 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;
@@ -9702,7 +9702,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/b/2024-01-01) may also include—
- (4) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/b/2024-01-16) may also include—
- (a) provision for—
@@ -9712,17 +9712,17 @@
- (b) provision for the forfeiture of products by court order (or, in Scotland, order of the sheriff).
- (5) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/c/2024-01-01) or [(4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/4/2024-01-01)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/4/a/2024-01-01)[(ii)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/4/a/ii/2024-01-01) may include—
- (5) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/c/2024-01-16) or [(4)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/4/2024-01-16)[(a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/4/a/2024-01-16)[(ii)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/4/a/ii/2024-01-16) 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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/5/a/2024-01-01);
- (b) in relation to England and Wales and Northern Ireland, provision for the prosecution by relevant authorities of criminal offences created under [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/5/a/2024-01-16);
- (c) provision conferring powers on relevant authorities to impose civil sanctions (including fines).
- (6) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-01)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/b/2024-01-01) or [(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/c/2024-01-01) 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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-01) may include any provision—
- (6) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-16)[(b)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/b/2024-01-16) or [(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/c/2024-01-16) 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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15/1/2024-01-16) may include any provision—
- (a) which is made by the 2013 Regulations, or
@@ -9754,7 +9754,7 @@
- (i) the resolution of disputes (including appeals).
- (3) Provision under [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/16/2024-01-01) may confer a discretion on the relevant authority.
- (3) Provision under [this paragraph](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/16/2024-01-16) may confer a discretion on the relevant authority.
#### Information
@@ -9774,7 +9774,7 @@
- (ii) other persons identified by relevant authorities.
- (2) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/17/1/2024-01-01) may include provision—
- (2) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/17/1/2024-01-16) 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);
@@ -9790,7 +9790,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/18/1/2024-01-01) may include provision as to—
- (2) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/18/1/2024-01-16) 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);
@@ -9800,7 +9800,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/19/1/2024-01-01) may include provision for the creation of criminal offences.
- (2) Provision under [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/19/1/2024-01-16) may include provision for the creation of criminal offences.
#### General and supplementary
@@ -9814,7 +9814,7 @@
- (c) transitional, transitory, consequential and supplementary provision or savings.
- (2) The provision made by [paragraphs 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/2/2024-01-01) to [19](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/19/2024-01-01) does not limit the power conferred by [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/1/2024-01-01).
- (2) The provision made by [paragraphs 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/2/2024-01-16) to [19](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/19/2024-01-16) does not limit the power conferred by [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/1/2024-01-16).
##### 21
@@ -9826,7 +9826,7 @@
- (c) any other enactment other than an Act.
- (2) Construction products regulations may under paragraph [20](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/20/2024-01-01)[(1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/20/1/2024-01-01)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/20/1/c/2024-01-01) 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.
- (2) Construction products regulations may under paragraph [20](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/20/2024-01-16)[(1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/20/1/2024-01-16)[(c)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/20/1/c/2024-01-16) 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
@@ -9856,7 +9856,7 @@
- (iii) in Northern Ireland, 6 months.
- (2) In [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/22/1/2024-01-01)[(e)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/22/1/e/2024-01-01)[(i)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/22/1/e/i/2024-01-01), the “*relevant period*” means—
- (2) In [sub-paragraph (1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/22/1/2024-01-16)[(e)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/22/1/e/2024-01-16)[(i)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/22/1/e/i/2024-01-16), the “*relevant period*” means—
- (a) in relation to an offence that is triable only summarily—
@@ -9876,27 +9876,27 @@
- (1) Construction products regulations are to be made by statutory instrument.
- (2) Construction products regulations which contain provision specified in [sub-paragraph (3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/23/3/2024-01-01) (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/23/2/2024-01-01) is—
- (a) the first provision to be made under [paragraph 10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/2024-01-01)[(1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/1/2024-01-01) (list of safety-critical products);
- (b) provision omitting a construction product from the list of safety-critical products under paragraph [10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/2024-01-01)[(1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/1/2024-01-01);
- (2) Construction products regulations which contain provision specified in [sub-paragraph (3)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/23/3/2024-01-16) (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/23/2/2024-01-16) is—
- (a) the first provision to be made under [paragraph 10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/2024-01-16)[(1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/1/2024-01-16) (list of safety-critical products);
- (b) provision omitting a construction product from the list of safety-critical products under paragraph [10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/2024-01-16)[(1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/1/2024-01-16);
- (c) provision creating a criminal offence;
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) provision under paragraph 21[(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/21/2/2024-01-01) (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/23/2/2024-01-01) do not apply is subject to annulment in pursuance of a resolution of either House of Parliament.
- (e) provision under paragraph 21[(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/21/2/2024-01-16) (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)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/23/2/2024-01-16) do not apply is subject to annulment in pursuance of a resolution of either House of Parliament.
#### Interpretation
##### 24
In [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-01)—
In [this Schedule](https://www.legislation.gov.uk/ukpga/2022/30/schedule/2/2024-01-16)—
- “*the 2011 Regulation*” means [Regulation (EU) No. 305/2011](https://www.legislation.gov.uk/european/regulation/2011/0305) (regulation laying down harmonised conditions for the marketing of construction products);
@@ -9914,7 +9914,7 @@
- “*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](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/1/2024-01-01)[(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/1/2/2024-01-01);
- “*construction products regulations*” has the meaning given in [paragraph 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/1/2024-01-16)[(2)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/1/2/2024-01-16);
- “*data protection legislation*” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
@@ -9932,7 +9932,7 @@
- “*requirement*” includes a prohibition or restriction;
- “*safety-critical products*” has the meaning given in [paragraph 10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/2024-01-01);
- “*safety-critical products*” has the meaning given in [paragraph 10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/10/2024-01-16);
- “*technical assessment*” means a documented assessment of the performance of a construction product.
@@ -12034,12 +12034,94 @@
[^key-100de76d49f401f0dfe07177ce962d80]: Word in [Sch. 11 para. 21(1)](https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/21/1) substituted (1.1.2024) by [The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424)](https://www.legislation.gov.uk/uksi/2023/1424), [reg. 1(2)](https://www.legislation.gov.uk/uksi/2023/1424/regulation/1/2), [Sch. para. 105](https://www.legislation.gov.uk/uksi/2023/1424/schedule/paragraph/105)
[^key-c81feb37656eaf3bc78298b4b2aec581]: [S. 29](https://www.legislation.gov.uk/ukpga/2022/30/section/29) applied (16.1.2024) by [The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 (S.I. 2023/907)](https://www.legislation.gov.uk/uksi/2023/907), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2023/907/regulation/1/2), [8(6)](https://www.legislation.gov.uk/uksi/2023/907/regulation/8/6); S.I. 2024/40, [reg. 2(e)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/e)
[^key-83898f2b0e4d86e7600b1c4bfdab7e7f]: [S. 79](https://www.legislation.gov.uk/ukpga/2022/30/section/79) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/a)
[^key-a939cf812fbd5e037af36ac5cc1c2db5]: [S. 80](https://www.legislation.gov.uk/ukpga/2022/30/section/80) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(b)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/b)
[^key-288427a533f29b8da213feaf35ad2639]: [S. 81](https://www.legislation.gov.uk/ukpga/2022/30/section/81) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(c)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/c)
[^key-55660c83ae80c2e08874e366ab8c2229]: [S. 82](https://www.legislation.gov.uk/ukpga/2022/30/section/82) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(d)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/d)
[^key-67adc4ebf08ef68931b9a1bc823f854a]: [S. 83](https://www.legislation.gov.uk/ukpga/2022/30/section/83) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(e)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/e)
[^key-730eee80b3a16bddc2d6364f326317a5]: [S. 84](https://www.legislation.gov.uk/ukpga/2022/30/section/84) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(f)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/f)
[^key-26328a22106a6ecfed520275846a9e5d]: [S. 85](https://www.legislation.gov.uk/ukpga/2022/30/section/85) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(g)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/g)
[^key-428f59eb651aed523e380e3e17263933]: [S. 86](https://www.legislation.gov.uk/ukpga/2022/30/section/86) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(h)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/h)
[^key-e9574eca206beb54bb2d8f895e6a90aa]: [S. 87](https://www.legislation.gov.uk/ukpga/2022/30/section/87) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(i)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/i)
[^key-3f3e0bf043a62eb81806ac25ef520c34]: [S. 88](https://www.legislation.gov.uk/ukpga/2022/30/section/88) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(j)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/j)
[^key-302205ee544f54ace3c53f0c5ca60dd1]: [S. 90](https://www.legislation.gov.uk/ukpga/2022/30/section/90) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(k)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/k)
[^key-44520c38e50438b4bfc90d6ab1ad5cb8]: [S. 91](https://www.legislation.gov.uk/ukpga/2022/30/section/91) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(l)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/l)
[^key-f8550b5e9b0d2ae185ee710c7322a525]: [S. 92](https://www.legislation.gov.uk/ukpga/2022/30/section/92) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(m)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/m)
[^key-8bb92f4fbb44f2e17f785f9e494d177d]: [S. 93](https://www.legislation.gov.uk/ukpga/2022/30/section/93) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(n)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/n)
[^key-901bc55d096fb9d9525b7f2352b120e1]: [S. 94](https://www.legislation.gov.uk/ukpga/2022/30/section/94) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(o)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/o)
[^key-e11e9c5254a22e5f288b80ad36b28b2b]: [S. 95](https://www.legislation.gov.uk/ukpga/2022/30/section/95) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(p)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/p)
[^key-4ccea24b98952628c5e90143f0b14f37]: [S. 96](https://www.legislation.gov.uk/ukpga/2022/30/section/96) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(q)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/q)
[^key-339c6c9fc2412e52c6e43ef77178ce7a]: [S. 97](https://www.legislation.gov.uk/ukpga/2022/30/section/97) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(r)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/r)
[^key-5823498ec58a619110a53c648135f33d]: [S. 98](https://www.legislation.gov.uk/ukpga/2022/30/section/98) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(s)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/s)
[^key-08e5594196c2d39f5e77c8e4d81b9cfb]: [S. 101](https://www.legislation.gov.uk/ukpga/2022/30/section/101) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(t)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/t)
[^key-2a8ce8212d82d361142eab37c0292b5d]: [S. 102](https://www.legislation.gov.uk/ukpga/2022/30/section/102) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-12fc859b3de9631e7f6df0e5cf131a42]: [S. 111](https://www.legislation.gov.uk/ukpga/2022/30/section/111) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(v)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/v)
[^key-8a5e211f934f364043a9b86c7aff668b]: [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/1) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-75820eb620265de499eaf8a197b0d9fb]: [Sch. 7 para. 2](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/2) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-503cbb71f351b864417bba5f9c39fee6]: [Sch. 7 para. 3](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/3) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-d15d53e8e26cc5101aa7431ded3e2dc2]: [Sch. 7 para. 4](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/4) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-d4f17a437de234a3b70cb757b9c63caf]: [Sch. 7 para. 5](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/5) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-2f098882dcee91c3fa7138328f56930a]: [Sch. 7 para. 6](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/6) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-b3e9fc2f805b503994250a1e40510e6d]: [Sch. 7 para. 7](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/7) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-eda3ecea507c21e29f0ea0636aabe7be]: [Sch. 7 para. 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/8) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-e9a1f070df9c7f27ac76134c178acf11]: [Sch. 7 para. 9](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/9) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-45032f586f348ed43a0b009d5c2d29f2]: [Sch. 7 para. 10](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/10) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-9964b6630ab290306fb0b1a74d6d46cd]: [Sch. 7 para. 11](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/11) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-ab642d9096ecba03ae36df5954a3ba64]: [Sch. 7 para. 12](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/12) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-44ed8e73bd3d6d7eca2905d327b8fc41]: [Sch. 7 para. 13](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/13) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-6308bafc3a91adb3745fc7d3b3ebfddb]: [Sch. 7 para. 14](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/14) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-6cba7e8aca693428f2283eadb35a58e8]: [Sch. 7 para. 15](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/15) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-f60536a5804de99f37e7e7facdb63acb]: [Sch. 7 para. 16](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/16) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-fa09b1cc2764ac03e1a8a31f704f3f8a]: [Sch. 7 para. 17](https://www.legislation.gov.uk/ukpga/2022/30/schedule/7/paragraph/17) in force at 16.1.2024 in so far as not already in force by [S.I. 2024/40](https://www.legislation.gov.uk/uksi/2024/40), [reg. 2(u)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/u)
[^key-1b71fa77d8281636ccdd0528470de088]: [S. 92(2)](https://www.legislation.gov.uk/ukpga/2022/30/section/92/2) excluded (16.1.2024) by [The Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2024 (S.I. 2024/41)](https://www.legislation.gov.uk/uksi/2024/41), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2024/41/regulation/1/1), [16](https://www.legislation.gov.uk/uksi/2024/41/regulation/16); S.I. 2024/40, [reg. 2(e)](https://www.legislation.gov.uk/uksi/2024/40/regulation/2/e)
#### Overview of Act
#### The building safety regulator
#### The regulator: objectives and regulatory principles
#### The regulator: objectives and regulatory principles
#### Duty to facilitate building safety: higher-risk buildings
#### Duty to keep safety and standard of buildings under review
@@ -13544,7 +13626,7 @@
#### Guidance about the provision of assistance
#### Revised strategic plans
#### Strategic plan
#### Authorised officers
@@ -13558,7 +13640,7 @@
#### Service of documents
#### Building control authorities
#### Higher-risk buildings etc
#### Overview of Part
@@ -13668,7 +13750,7 @@
#### Interpretation of Part 4
#### Meaning of “relevant building”
#### Remediation of certain defects
#### Building industry schemes
@@ -13690,7 +13772,7 @@
#### Limitation periods
#### The new homes ombudsman scheme
#### Establishment of the new homes ombudsman scheme
#### New build home warranties
@@ -13764,11 +13846,11 @@
#### Saving for material subject to legal professional privilege
#### Local authorities, fire and rescue authorities etc
#### Freedom of Information Act 2000 (c. 36)
#### No service charge payable for cladding remediation
#### Interpretation
#### Parliamentary Commissioner Act 1967 (c. 13)
#### Annual limit on service charges
#### Membership
@@ -13792,4 +13874,4 @@
#### Reports
#### General safety requirements
#### Introductory
2024-01-01
Building Safety Act 2022
2023-10-01
Building Safety Act 2022
2023-09-05
Building Safety Act 2022
2023-07-04
Building Safety Act 2022
2023-06-29
Building Safety Act 2022
2023-04-06
Building Safety Act 2022
2023-04-01
Building Safety Act 2022
2023-02-09
Building Safety Act 2022
2022-12-09
Building Safety Act 2022
2022-12-01
Building Safety Act 2022
2022-10-01
Building Safety Act 2022
2022-09-01
Building Safety Act 2022
2022-07-28
Building Safety Act 2022
2022-07-20
Building Safety Act 2022
2022-06-28
Building Safety Act 2022
2022-05-28
Building Safety Act 2022
2022-04-28
Building Safety Act 2022
original version
Text at this date