Part 4Higher-risk buildings

Registration and certificates

76Requirement for completion certificate before occupation

(1)

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

(a)

the construction of a higher-risk building;

(b)

the creation of additional residential units in such a building;

(c)

works to a building that cause it to become a higher-risk building.

(2)

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

(3)

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

(4)

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

(a)

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

(b)

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

(5)

In this section—

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

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

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

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

relevant residential unit” means—

(a)

in the case of works within subsection (1)(a), any residential unit in the building;

(b)

in the case of works within subsection (1)(b), any additional residential unit;

(c)

in the case of works within subsection (1)(c), any residential unit in the building except one that existed before the works began.