Building Safety Act 2022

2022 Chapter 30

An Act to make provision about the safety of people in or about buildings and the standard of buildings, to amend the Architects Act 1997, and to amend provision about complaints made to a housing ombudsman.

[28th April 2022]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1Introduction

I981Overview of Act

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 contains provision about the building safety regulator and its functions in relation to buildings in England.

3

Part 3 amends the Building Act 1984.

4

Amendments made by Part 3—

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 is about occupied higher-risk buildings in England, and imposes duties on accountable persons.

6

Part 5 contains further provisions, including—

a

provisions about remediation and redress;

b

provision requiring a new homes ombudsman scheme to be established;

c

powers to make provision about construction products;

d

further provision about fire safety;

e

provision about the regulation of architects;

f

provision about housing complaints.

7

Part 6 contains general provisions.

Part 2The regulator and its functions

The regulator and its general functions

I651 I6892The building safety regulator

I6511

In this Part “the regulator” means the Health and Safety Executive.

I689 I2122

Schedule 1 contains amendments of provisions of the Health and Safety at Work etc Act 1974 that relate to the regulator.

I3561

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.

I3562

The assistance and encouragement that must be provided under subsection (1) 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.

I3563

For this purpose “relevant persons” means—

a

residents of higher-risk buildings within the meaning of Part 4,

b

owners of residential units in such buildings,

c

persons who are accountable persons within the meaning of Part 4, and

d

persons upon whom duties are imposed by virtue of paragraph 5B of Schedule 1 to the Building Act 1984 (dutyholders).

I3564

In subsections (1) and (2)—

“building safety risk” has the meaning given by section 62;
“disabled”: see section 30;
“higher-risk building” means—
1. a
  a higher-risk building within the meaning of Part 4 (see section 65), or
2. b
  a higher-risk building within the meaning of the Building Act 1984.

I6175

Parts 3 and 4 confer further functions on the regulator in relation to higher-risk buildings.

I126 I4835Duty to keep safety and standard of buildings under review

The regulator must keep under review—

a

the safety of people in or about buildings in relation to risks as regards buildings, and

b

the standard of buildings.

I190 I3396Facilitating improvement in competence of industry and building inspectors

1

The regulator must provide such assistance and encouragement as it considers appropriate to—

a

persons in the built environment industry, and

b

registered building inspectors,

with a view to facilitating their improving the competence of persons in that industry or members of that profession (as the case may be).

2

For the meaning of “the built environment industry” and “registered building inspector” see section 30.

I27Proposals and consultation relating to regulations

1

This section applies to regulations under—

a

this Part, or

b

any provision of Part 4 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.

3

Before making a proposal, the regulator must consult such persons as it considers appropriate.

4

Before making regulations, other than regulations proposed by the regulator, the Secretary of State must consult—

a

the regulator, and

b

such other persons as the Secretary of State considers appropriate.

I123 I1388Duty to establish system for giving of building safety information

1

The regulator must make arrangements for a person to establish and operate a voluntary occurrence reporting system.

2

A “voluntary occurrence reporting system” is a system to facilitate the voluntary giving of information about building safety to the person who operates the system.

Committees

I6409Building Advisory Committee

I2851

The regulator must exercise its powers under section 11A(3) of the Health and Safety at Work etc Act 1974 to establish and maintain a committee to be known as the Building Advisory Committee, with the following function.

I2852

That function is to give advice and information to the regulator about matters connected with any of the regulator’s building functions except its functions relating to the competence of—

a

persons in the built environment industry, and

b

registered building inspectors.

I263

The Building Regulations Advisory Committee for England, established under section 14 of the Building Act 1984, is abolished.

I569 I63410Committee on industry competence

1

The regulator must exercise its powers under section 11A(3) of the Health and Safety at Work etc Act 1974 to establish and maintain a committee concerned with the competence of persons in the built environment industry (“industry competence”), with the following functions (and any other function that the regulator considers appropriate).

2

The functions are—

a

monitoring industry competence;

b

advising the regulator in relation to industry competence;

c

advising persons in the built environment industry in relation to industry competence;

d

facilitating persons in the built environment industry to improve industry competence;

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) to (e).

the committee must be consulted in relation to the issued guidance as soon as reasonably practicable.

7

a

section 17(3) (duty to consult committee about regulator’s strategic plan);

b

section 94(2) (duty to consult committee about regulator’s complaints system).

8

In this section—

“higher-risk building” has the same meaning as in Part 4 (see section 65);
“relevant person” means—
1. a
  an owner of a residential unit in a higher-risk building,
2. b
  a body that represents, supports or promotes—
  1. i
    the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or
  2. ii
    the interests of any description of persons that includes a description of such residents or owners, or
3. c
  a member of a body within paragraph (b).

specify a reasonable period for the authority to make any representations as to why it should not do the thing requested.

8

In this section—

“relevant authority” means a local authority or fire and rescue authority;
“relevant function” means—
1. a
  a function of the regulator relating to—
  1. i
    the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or
  2. ii
    higher-risk building work (as defined by section 91ZA of the Building Act 1984), or
2. b
  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 of the Building Act 1984.

9

A direction or consent under this section must be in writing.

I51 I9214FSO authorised persons: assistance etc to regulator

1

An FSO authorised person may at the request of the regulator do anything for the purpose of—

a

facilitating the exercise by the regulator of a relevant function, or

b

enabling FSO authorised persons to facilitate the exercise by the regulator of a relevant function.

2

In this section—

“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—
1. a
  the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or
2. b
  higher-risk building work (as defined by section 91ZA of the Building Act 1984).

I423 I58315Provision of assistance etc: supplementary

1

This section supplements sections 13 and 14.

2

A relevant authority must ensure that any of its staff involved in providing relevant assistance to the regulator have the appropriate skills, knowledge, experience and behaviours.

3

For this purpose “relevant assistance” means anything done by the authority pursuant to a request or direction, for the purpose of facilitating the exercise by the regulator of a relevant function.

4

The Secretary of State may by regulations make provision about the reimbursement by the regulator of expenditure incurred by relevant authorities in complying with requests or directions.

5

The Secretary of State may pay a relevant authority such amount as the Secretary of State considers appropriate in respect of things done by the relevant authority in complying with a request or direction.

6

The Secretary of State may by regulations make further provision in relation to requests and directions, including in particular provision about—

a

things done by a relevant authority in connection with a request or direction;

b

things done by an FSO authorised person in connection with a request.

7

In this section—

“direction” means a direction given under section 13;
“FSO authorised person” has the meaning given by section 14;
“relevant authority” has the meaning given by section 13;
“relevant function” has the meaning given by section 13;
“request” means a request made under section 13 or 14.

I236 I916Guidance about the provision of assistance

1

The regulator may issue guidance to—

a

relevant authorities about their functions under section 13;

b

FSO authorised persons about their functions under section 14.

2

The regulator may revise or withdraw any issued guidance.

3

A relevant authority must have regard to any guidance under this section when exercising its functions under section 13.

4

An FSO authorised person must have regard to any guidance under this section when exercising their functions under section 14.

5

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

6

In this section—

“FSO authorised person” has the meaning given by section 14;
“relevant authority” has the meaning given by section 13.

I17 I48118Revised strategic plans

1

This section supplements section 17.

2

A report under this section must not contain personal data.

I613 I65620Statement of regulator’s engagement with residents etc

1

The regulator must, at least once each financial year, publish a statement about its engagement with—

a

the committee mentioned in section 11 (residents’ panel),

b

residents of higher-risk buildings,

c

owners of residential units in higher-risk buildings, and

d

bodies that represent, support or promote—

i

the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or

ii

the interests of persons including any description of such residents or owners.

2

A statement under subsection (1) 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) may be published by including it in the regulator’s annual report.

4

In this section—

“annual report” means the report made under paragraph 10(3) of Schedule 2 to the Health and Safety at Work etc Act 1974;
“higher-risk building” means—
1. a
  a higher-risk building within the meaning of Part 4, or
2. b
  a higher-risk building within the meaning of the Building Act 1984.

I609 I14621Report on certain safety-related matters

1

Before the end of the period of three years beginning when this section comes into force, the regulator must—

a

carry out a cost-benefit analysis of making regular inspections of, and testing and reporting on, the condition of electrical installations in relevant buildings;

b

consider what further provision under the Building Act 1984, or in guidance under that Act, may be made about—

i

stairs and ramps in relevant buildings,

ii

emergency egress of disabled persons from relevant buildings, and

iii

automatic water fire suppression systems in relevant buildings,

with a view to improving the safety of persons in or about relevant buildings, and carry out a cost-benefit analysis of the making of that provision.

2

Before the end of that period, the regulator must—

a

prepare one or more reports about the analysis mentioned in subsection (1) (which may also contain recommendations), and

b

give them to the Secretary of State.

3

The Secretary of State must publish any report received under subsection (2).

4

In this section “cost-benefit analysis” means—

a

an analysis of the costs together with an analysis of the benefits that will arise if the things mentioned in subsection (1)(a) are done or the provision mentioned in subsection (1)(b) is made, and

b

an estimate of those costs and of those benefits (subject to subsection (5)).

5

If, in the opinion of the regulator—

a

the costs or benefits cannot reasonably be estimated, or

b

it is not reasonably practicable to produce an estimate,

the cost-benefit analysis need not estimate them, but must include a statement of the regulator’s opinion and an explanation of it.

6

In this section—

“electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer’s side of the electricity supply meter;
“relevant building” means a residential building or any other kind of building that the regulator considers appropriate.

Enforcement

I32 I26622Authorised officers

1

The regulator may authorise a person in relation to specified paragraphs of Schedule 2 (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 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—

a

must be in writing;

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, 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—
1. a
  Part 4 of this Act (higher-risk buildings), or
2. b
  the Building Act 1984;
“specified” means specified in the authorisation.

I563 I59123Authorised officers: offences

1

A person who intentionally obstructs a person who is an authorised officer exercising a relevant building function commits an offence.

2

A person who, with intent to deceive, impersonates an authorised officer commits an offence.

3

In this section—

“authorised officer” means a person in respect of whom an authorisation under section 22 is in force;
“relevant building function” has the meaning given by that section.

4

A person guilty of an offence under subsection (1) 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) is liable on summary conviction to a fine.

I455 I17924Provision of false or misleading information to regulator

1

A person commits an offence if they provide false or misleading information to the regulator—

a

in purported compliance with a building enactment or a requirement imposed by virtue of such an enactment,

b

in connection with an application made to the regulator under a building enactment, or

c

for the purpose of avoiding enforcement action being taken or continued,

and the person knows that, or is reckless as to whether, the information is false or misleading.

2

In this section—

“building enactment” means any provision of, or of an instrument made under—
1. a
  Part 2 or 4 of this Act, or
2. b
  the Building Act 1984;
“enforcement action” means action taken with a view to, or in connection with—
1. a
  securing compliance with a building enactment or a requirement imposed by virtue of such an enactment, or
2. b
  the imposition of a sanction in respect of a contravention of any such enactment or requirement.

i

give a compliance notice under section 99 of this Act;

ii

give a notice under section 35B, 35C or 36 of the Building Act 1984 (notices in respect of contraventions of building regulations etc);

iii

make a disciplinary order under section 58I or 58U, or an order under section 58J or 58V, of that Act (misconduct of registered building inspector or building control approver);

iv

give a notice under section 58Z4 or 58Z5, or act under section 58Z6 or 58Z7, of that Act (contravention of operational standards rules).

I247 I21626Right of appeal: requirement for review before appeal

b

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

3

Schedule 3 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).

I4228Fees and charges

1

The Secretary of State may by regulations make provision authorising the regulator—

a

to charge fees, and

b

the document is to be given to the person as the owner of any premises, a resident of any premises, or the accountable person of a higher-risk building, and

b

the person’s name and proper address is not known, despite reasonable steps having been taken to ascertain it,

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)(b) is treated as given when it was left.

8

A document sent as mentioned in subsection (2)(c) is treated as given 48 hours after it was sent, unless the contrary is proved.

9

A document sent as mentioned in subsection (2)(d) is treated as given 24 hours after it was sent, unless the contrary is proved.

10

A document fixed as mentioned in subsection (6) 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.

12

In this section—

“accountable person” has the same meaning as in Part 4 (see section 72);
“agreed” means agreed in writing;
“authorised officer” means a person in respect of whom an authorisation under section 22 is in force;
“giving”: references to giving include similar expressions (such as serving);
“specified” means specified in writing.

I25230Interpretation of Part 2

1

In this Part—

“building” (except in section 28(6)) means any permanent or temporary building in England except a building of a prescribed description;
“building function” has the meaning given by section 3;
“the built environment industry” means—
1. a
  persons carrying on, for business purposes, activities connected with the design, construction, management or maintenance of buildings, and
2. b
  employees of such persons;
and references to a person “in” the industry are to any such person or employee;
“contravention” includes a failure to comply;
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“disabled”: a person is disabled if the person has a physical or mental impairment which has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities;
“financial year” means a year ending with 31 March;
“fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in England;
“local authority” means—
1. a
  a district council or relevant unitary authority,
2. b
  a London borough council,
3. c
  the Common Council of the City of London,
4. d
  the Sub-Treasurer of the Inner Temple,
5. e
  the Under Treasurer of the Middle Temple, or
6. f
  the Council of the Isles of Scilly;
“maximum summary term for either-way offences”, with reference to imprisonment for an offence, means—
1. a
  if the offence is committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;
2. b
  if the offence is committed after that time, 12 months;
“owner” has the meaning given by section 115;
“personal data” has the same meaning as in the Data Protection Act 2018;
“prescribed” means prescribed by regulations made by the Secretary of State;
“registered building inspector” has the meaning given by section 58A of the Building Act 1984;
“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) and (4)(c));
“residential unit” means—
1. a
  a dwelling, or
2. b
  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), 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 a reference to a building includes any of the following—

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.

Part 3Building Act 1984

Building control authorities and building regulations

I533 I424 I51831Higher-risk buildings etc

In the Building Act 1984 after section 120C (inserted by Schedule 5) insert—

Higher-risk buildings etc
120DMeaning of “higher-risk building”: England
1
This section applies for the purposes of this Act as it applies in relation to England.
2
“Higher-risk building” means a building in England that—
a
is at least 18 metres in height or has at least 7 storeys, and
b
is of a description specified in regulations made by the Secretary of State.
3
The Secretary of State may by regulations make provision supplementing this section.
4
The regulations may in particular—
a
define “building” or “storey” for the purposes of this section;
b
make provision about how the height of a building is to be determined for those purposes;
c
provide that “higher-risk building” does not include a building of a specified description.
5
Regulations made by virtue of subsection (4)(a) may in particular define “building” so as to provide that it includes—
a
any other structure or erection of any kind (whether temporary or permanent);
b
any vehicle, vessel or other movable object of any kind, in such circumstances as may be specified.
6
The Secretary of State may by regulations amend this section (other than subsection (1) or (3) or this subsection).
7
For the meaning of “higher-risk building work” see section 91ZA.
120ERegulations under section 120D: procedure
1
Before making regulations under section 120D, the Secretary of State must consult—
a
the regulator, and
b
such other persons as the Secretary of State considers appropriate.
2
But the regulator need not be consulted if—
a
the regulations give effect to a recommendation made by the regulator under section 120G, or
b
the Secretary of State has under section 120H asked the regulator for advice about the description of building in question.
120FRegulations under section 120D: additional procedure in certain cases
1
This section applies if the Secretary of State proposes to make regulations under section 120D that would result in a description of building (including anything within subsection (5) of that section) becoming a higher-risk building for the purposes of this Act as it applies in relation to England.
2
The Secretary of State must ask the regulator under section 120H (1) for advice about the description of building, except where the regulations would give effect to a recommendation under section 120G (2).
3
The Secretary of State must carry out a cost-benefit analysis and publish it.
4
In this section “cost-benefit analysis” means—
a
an analysis of the costs together with an analysis of the benefits that will arise if the regulations are made, and
b
an estimate of those costs and of those benefits (subject to subsection (5)).
5
If, in the opinion of the Secretary of State—
a
the costs or benefits cannot reasonably be estimated, or
b
it is not reasonably practicable to produce an estimate,
the cost-benefit analysis need not estimate them, but must include a statement of the Secretary of State’s opinion and an explanation for it.
120GRecommendations about regulations under section 120D
1
Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers—
a
that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description,
b
that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and
c
that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England.
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 Act, and
b
give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation.
3
If, following a recommendation, the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out—
a
the regulator’s recommendation,
b
the Secretary of State’s decision not to make the regulations, and
c
the reasons for that decision.
4
If the regulator considers that a particular description of higher-risk building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England, it must make a recommendation to the Secretary of State to that effect.
5
In this section—
“building safety risk” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building—
a
the spread of fire;
b
structural failure;
c
any other matter prescribed by regulations under section 62 of the Building Safety Act 2022 in relation to all buildings, or in relation to a description of building that includes the building;
“major incident” means an incident resulting in—
a
a significant number of deaths, or
b
serious injury to a significant number of people.
120HAdvice about regulations under section 120D
1
Subsections (2) to (5) 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 Act as it applies in relation to England.
2
The regulator must consider whether the following conditions are met—
a
the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description;
b
the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident;
c
the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England.
3
The regulator must—
a
if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England;
b
otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes.
4
The regulator must give the Secretary of State a statement of its assessment of the issues it considered in relation to the recommendation under subsection (3).
5
If, following a recommendation under subsection (3)(a), the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out—
a
the regulator’s recommendation,
b
the Secretary of State’s decision not to make the regulations, and
c
the reasons for that decision.
6
If requested, the regulator must provide advice to the Secretary of State as to whether a specified description of building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England.
7
In this section—
“building safety risk” has the meaning given by section 120G;
“major incident” has the meaning given by that section;
“specified” means specified in the request.
120IHigher-risk buildings and higher-risk building work: Wales
1
This section applies for the purposes of this Act as it applies in relation to Wales.
2
“Higher-risk building” means a building of a description specified in regulations made by the Welsh Ministers.
3
“Higher-risk building work” means any work relating to a higher-risk building or a proposed higher-risk building, including—
a
any work relating to a building that is not a higher-risk building that causes it to become such a building, and
b
any work relating to a higher-risk building that causes it to cease to be such a building.
4
The Welsh Ministers may by regulations define “building” for the purposes of this section.
5
The regulations may in particular provide that “building” 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 specified.

I121 I322 I432Building control authorities

I7761

The Building Act 1984 is amended as follows.

2

In section 91—

a

in subsection (1) before paragraph (a) insert—

za
subsection (3) of this section and regulations under section 91ZD,

b

in subsection (2) for the words from “sections” to the end substitute

—
a
subsection (3) of this section,
b
sections 5(3), 48(1) and 53(2), and
c
regulations under section 91ZD.

c

after that subsection insert—

3
In cases where section 91ZA or 91ZB provides that the regulator is the building control authority, it is the duty of the regulator (and not the local authority in question)—
a
to carry Part 1 of this Act into execution, and
b
to enforce building regulations.

d

in the heading at the end insert “and the regulator”.

I769 I8263

After that section insert—

91ZAThe regulator: building control authority for higher-risk buildings in England
1
The regulator is the building control authority in relation to any higher-risk building in England or any proposed such building.
2
This includes the regulator being the building control authority as regards—
a
any work relating to a building in England that is not a higher-risk building that causes it to become such a building, and
b
any work relating to a higher-risk building in England that causes it to cease to be such a building.
3
In this Act “higher-risk building work”, in relation to England, means any work for which the regulator is the building control authority by virtue of this section.
4
For the meaning of “higher-risk building” see section 120D.
91ZBThe regulator: building control authority for other work
1
This section applies in relation to work of a prescribed description (“the work”) that is to be carried out in England and has a prescribed connection with any higher-risk building work.
2
Where—
a
the regulator and the person intending to carry out the work, acting jointly, give a notice under this section (a “regulator’s notice”) to the local authority for the area in which the work is to be carried out, and
b
the regulator’s notice is accepted (or treated as accepted) by the local authority,
the regulator is the building control authority in relation to the work.
3
A regulator’s notice may not be given if any of the following has been given to the local authority in relation to the work (or any part of it)—
a
an application for building control approval;
b
an initial notice (within the meaning of section 47);
c
a public body’s notice (within the meaning of section 54).
91ZCSection 91ZB: supplementary
1
This section supplements section 91ZB.
2
A local authority to whom a regulator’s notice is given must reject the notice if any prescribed ground exists, and must otherwise accept the notice.
3
A notice of rejection must be given within the prescribed period, and must specify the ground or grounds in question.
4
The person intending to carry out the work may appeal to the tribunal against a decision of the local authority to reject the regulator’s notice.
5
Where a local authority to whom a regulator’s notice is given does not—
a
give a notice of rejection in accordance with subsection (3), or
b
give a notice of acceptance within the period mentioned in that subsection,
the authority is treated as having accepted the regulator’s notice at the end of that period.
6
As regards any notice under section 91ZB or this section, building regulations may make provision about—
a
the form and content of the notice;
b
the information and documents that must accompany it;
c
the way in which the notice, and anything that is to accompany it, is to be given.
91ZDHigher-risk buildings in Wales: local authority work
1
Building regulations may make provision about cases where a local authority for an area in Wales (“the relevant local authority”) proposes to carry out higher-risk building work in that area.
2
The regulations may in particular—
a
restrict (or prevent) the exercise by the relevant local authority of prescribed functions in relation to the higher-risk building work;
b
require the relevant local authority to notify the Welsh Ministers of prescribed matters;
c
confer on the Welsh Ministers a power to designate another local authority as the building control authority in relation to the higher-risk building work (instead of the relevant local authority);
d
confer on the Welsh Ministers a power to require the relevant local authority to provide specified information, for the purposes of deciding whether to exercise the power of designation.
3
The regulations may also provide, in cases where a local authority is designated as the building control authority in relation to the higher-risk building work, that the relevant local authority and the designated local authority may agree that the designated local authority is to be the building control authority in relation to any work of a prescribed description that has a prescribed connection with the higher-risk building work.
4
Where, as a result of regulations made by virtue of subsection (2)(c) or (3), a designated local authority is the building control authority in relation to any work, as regards that work—
a
prescribed functions are functions of the designated local authority (rather than the relevant local authority);
b
the designated local authority (rather than the relevant local authority) must perform such functions relating to enforcement as may be prescribed.

I7764

After section 121 insert—

121AMeaning of “building control authority”
1
In this Act “building control authority” means—
a
the regulator, in cases where section 91ZA or 91ZB provides that the regulator is the building control authority;
b
the local authority mentioned in subsection (2), in any other case.
2
That local authority is—
a
if, by virtue of regulations made under section 91ZD (higher-risk buildings in Wales: local authority work), a designated local authority is the building control authority, that local authority;
b
otherwise, the local authority for the area in which the building is situated or the proposed building is to be situated.

I719 I338 I26733Building regulations

In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 1 insert—

1AProcedural requirements etc: general
1
Building regulations may make provision about the procedure that may or must be followed in relation to any work.
2
The regulations may in particular make provision for and in connection with—
a
the giving of notices;
b
the making of applications to building control authorities;
c
the giving or receipt of certificates;
d
requiring a prescribed person, in prescribed circumstances, to consult such other person as may be prescribed.
3
The regulations may—
a
confer on a building control authority a power to require a person to notify the authority of specified matters by the specified time;
b
provide that in prescribed circumstances an application is treated as granted or is treated as refused;
c
make provision about the effect of the grant of an application;
d
make provision about the effect of certificates;
e
require a person consulted to give a substantive response to the consultation before the end of a prescribed period.
4
In sub-paragraph (3)(a) “specified” means specified by the building control authority.
1BApplications for building control approval
1
Building regulations may in particular make provision for and in connection with applications for building control approval (including approval of changes to anything that has already been approved).
2
“Building control approval”—
a
in relation to any work, means the approval by the building control authority of—
i
plans of the work, and
ii
such other documents, relating to compliance with any provision of building regulations, as may be prescribed (or, in a case within sub-paragraph (5), as are provided to the authority);
b
in relation to a change to a relevant document, means the approval by the authority of the change.
3
Building regulations may—
a
confer on building control authorities a power, with the consent of the applicant—
i
to impose requirements (including in particular requirements of a kind mentioned in sub-paragraph (4)) when granting an application;
ii
to vary requirements;
b
make provision about the cases in which an application for approval of a change must be made (including provision conferring on building control authorities a power to specify the circumstances in which such an application must be made).
4
The requirements referred to in sub-paragraph (3)(a) are—
a
a requirement relating to the provision of a revised version of a specified relevant document;
b
a requirement that the work does not proceed beyond a specified stage unless a specified relevant document has been given to, and approved by, the building control authority.
5
Building regulations may provide that in prescribed cases—
a
an application may be made to the authority for approval of the plans and such other relevant documents as the applicant considers appropriate, and
b
the authority may refuse the application if the applicant does not, on request, provide it with a specified relevant document.
6
In this paragraph—
a
“relevant document” means—
i
the plans mentioned in sub-paragraph (2)(a)(i), or
ii
a document prescribed for the purposes of sub-paragraph (2)(a)(ii);
b
“specified” means specified by the building control authority;
c
a reference to a change to a document includes the replacement of it.
1CCertificates: approved schemes
1
Building regulations may in particular make provision for and in connection with certificates that are given—
a
by a member of a scheme that is approved,
b
in accordance with the scheme, and
c
in accordance with any prescribed requirement relating to the provision of insurance cover in respect of work to which the certificate relates.
2
Building regulations may make provision for and in connection with—
a
the approval of schemes by the appropriate national authority or a person designated by that authority;
b
the suspension or withdrawal of approvals (including provision about appeals to the appropriate court or tribunal against the suspension or withdrawal of approvals).
3
The regulations may in particular provide that a scheme may be approved (and may remain approved) only if prescribed requirements relating to the provision of insurance cover are complied with.
4
The regulations may provide—
a
that an approval has effect for a particular period (including a period specified in the approval), or
b
that an approval has effect until it is suspended or withdrawn.
5
The requirements relating to insurance cover that may be prescribed include in particular a requirement that insurance cover is provided through a scheme of insurance approved by the appropriate national authority or a person designated by that authority.
1DObtaining, keeping and giving information and documents
1
Building regulations may, in relation to any work, make provision about—
a
obtaining information or documents;
b
creating documents;
c
keeping information or documents;
d
giving information or documents.
2
The regulations may in particular—
a
provide that information or documents must be given or kept in accordance with prescribed standards;
b
impose requirements as regards keeping information or documents up to date;
c
confer on building control authorities or other prescribed persons a power, in prescribed circumstances, to require a person to give information to them.
3
Where building regulations provide that any information or document must be given, they may make provision about the admissibility in any criminal proceedings of the information or document.
1EReporting requirements: duty to establish and operate system
1
This paragraph applies where building regulations made by virtue of paragraph 1D require a person to give information—
a
in relation to work in England, to the regulator;
b
in relation to work in Wales, to the building control authority.
2
For the purpose of facilitating and securing compliance with any such requirement, the regulations may—
a
require a prescribed person to establish and operate a system for the giving of prescribed information to such person as may be prescribed, and
b
make provision about such systems.
1FForm and content of documents etc
1
Where building regulations provide that any document must or may be given, they may make provision about—
a
the form and content of the document;
b
the information and other documents that must accompany it;
c
the way in which the document, and anything that is to accompany it, is to be given.
2
Where building regulations provide that any information must or may be given, they may make provision about the way in which it is to be given.
3
Building regulations may provide that any of the matters mentioned in paragraphs (a) to (c) of sub-paragraph (1), or in sub-paragraph (2), are to be specified in a direction made and published in accordance with the regulations.
4
Building regulations may provide that—
a
a prescribed application must be accompanied by such prescribed documents as the applicant considers appropriate, and
b
the building control authority may refuse the application if the applicant does not, on request, provide it with a document of a kind prescribed for the purposes of paragraph (a) in relation to the application.
1GInspection, testing etc
1
Building regulations may make provision for and in connection with—
a
the inspection and testing of work;
b
the inspection and testing of buildings;
c
the inspection and testing of services, fittings and equipment provided in connection with buildings;
d
the taking of samples.
2
The regulations may in particular—
a
prohibit the covering up of any work, for a prescribed period after a prescribed or specified event;
b
provide for the cutting into or laying open of any work or building, or the pulling down of any work.
3
In sub-paragraph (2)(a) “specified” means specified by the building control authority.
1HApplications to building control authorities: extension of period by agreement
Building regulations may provide that any prescribed period for the doing of a thing by a building control authority in connection with an application made to it may be extended by agreement between the authority and the applicant.
1IAppeals
1
Building regulations may make provision for and in connection with appeals against decisions made under, or under an instrument made under, Part 1, 2 or 2A of this Act.
2
The regulations may confer, in respect of a prescribed decision—
a
in relation to England—
i
a right to appeal to the regulator or the tribunal, and
ii
in the case of an appeal to the regulator, a right of appeal to the tribunal against the decision of the regulator made on appeal;
b
in relation to Wales—
i
a right to appeal to the Welsh Ministers or a magistrates’ court, and
ii
in the case of an appeal to the Welsh Ministers, a right of appeal to a magistrates’ court or a right of appeal to the High Court, against the decision of the Welsh Ministers made on appeal.
3
The provision that may be made in connection with appeals includes provision about a right of appeal conferred by Part 1, 2 or 2A.
4
The regulations may in particular make provision about—
a
the grounds upon which an appeal may be made;
b
the period within which an appeal must be made;
c
the way in which any appeal is to be made;
d
the powers of the court, tribunal or other person determining the appeal (including provision conferring a power to give directions and, in the case of the regulator or Welsh Ministers, powers in respect of costs).
5
In respect of appeals to the regulator or the Welsh Ministers, the regulations may make provision about procedural matters (including provision conferring a discretion as to the procedure to be adopted).
6
In respect of appeals to the Welsh Ministers, the regulations may in particular make provision for and in connection with the Welsh Ministers appointing a person to determine the appeal (including provision conferring functions on that person and providing that their decision is treated as the decision of the Welsh Ministers).

I21 I761 I46634Dutyholders and general duties

In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 5 insert—

5AAppointed persons
1
Building regulations may require prescribed appointments to be made in relation to any work.
2
Building regulations may make provision about appointments, including provision about—
a
the persons who are to make appointments;
b
the persons who may be appointed;
c
the time by which appointments must be made;
d
the period for which persons are to be appointed;
e
the termination of appointments;
f
the replacement of appointed persons.
3
The regulations may provide that in prescribed circumstances an appointment is treated as made.
4
In this Schedule “appointed person”, in relation to any work, means a person appointed in relation to that work under building regulations made by virtue of this paragraph.
5BGeneral duties
1
Building regulations may, for the purpose of facilitating compliance with any requirement of building regulations in relation to any work to which building regulations are applicable—
a
impose duties on relevant persons in connection with the planning or management of the work;
b
require relevant persons to co-operate with other relevant persons.
2
The following are “relevant persons” for this purpose—
a
any appointed person;
b
any prescribed person.

I291 I741 I3835Industry competence

In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 5B (inserted by section 34) insert—

5CCompetence requirements
1
Building regulations may, in relation to any work, impose competence requirements on—
a
any appointed person, or
b
any prescribed person.
2
A “competence requirement” is a requirement relating to—
a
the skills, knowledge, experience and behaviours of an individual;
b
the capability of a person other than an individual to perform its functions under building regulations.
3
The regulations may require an appointed person who is not an individual to give an individual acting under its control who has the appropriate skills, knowledge, experience and behaviours the task of managing its functions as an appointed person.

I614 I230 I647 I73136Lapse of building control approval etc

1

The Building Act 1984 is amended as follows.

2

For section 32 substitute—

32Lapse of building control approval
1
This section applies where—
a
an application for building control approval in respect of any work is made on any day (“the relevant day”), and
b
the application is granted.
2
Where—
a
the work relates to one building, and
b
the work is not commenced within 3 years from the end of the relevant day,
the relevant provisions have effect as if the application had not been made (and the approval had not been given).
3
Where—
a
the work relates to more than one building, and
b
the work relating to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day,
the relevant provisions have effect in relation to those buildings and the relevant work as if the application had not been made (and the approval had not been given).
4
In subsection (1) the reference to an application for building control approval is to an application for approval of a kind mentioned in paragraph 1B (2)(a) of Schedule 1.
5
In this section “the relevant provisions” means this Act and regulations made under it except the following provisions and any regulations made under them—
a
sections 56, 56A, 56B and 91A (records and registers etc);
b
section 105B (fees and charges).
6
Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.

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 (lapse of initial notice)”.

4

In section 50 (plans certificates) omit subsection (8).

5

In section 52 (cancellation of initial notice) omit subsection (5).

6

In section 53(2) (effect of initial notice ceasing to be in force: general)—

a

at the end of paragraph (a) insert “and”;

b

omit paragraph (c) and the “and” immediately before it.

7

After section 53 insert—

53ALapse of initial notice
1
This section applies where—
a
on any day (“the relevant day”) an initial notice is given in respect of any work, and
b
the initial notice is accepted.
2
Where the work relates to one building and is not commenced within 3 years from the end of the relevant day—
a
the initial notice ceases to be in force, and
b
if a plans certificate relating to the work (or any part of it) has been accepted, the relevant provisions have effect as if the certificate had not been given (or accepted).
3
Where the work relates to more than one building, and the work in relation to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day—
a
the initial notice ceases to be in force so far as it relates to the relevant work, and
b
if a plans certificate relating to the relevant work (or any part of it) has been accepted, the relevant provisions have effect as if, as regards the relevant work, the certificate had not been given (or accepted).
4
For the purposes of subsection (3)(b) it does not matter whether the plans certificate also relates to work other than the relevant work.
5
In this section “the relevant provisions” has the meaning given by section 32.
6
Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.

8

In section 54(4)—

a

omit the “and” at the end of paragraph (a);

b

after paragraph (b) 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 is amended as follows.

10

In paragraph 1(1) for “below” substitute “(final certificates) and paragraph 4A (lapse of public body’s notice)”.

11

In paragraph 2 omit sub-paragraph (6).

12

In paragraph 4(2) omit paragraph (c) and the “and” before it.

13

After paragraph 4 insert—

4ALapse of public body’s notice
1
This paragraph applies where—
a
on any day (“the relevant day”) a public body’s notice is given in respect of any work, and
b
the public body’s notice is accepted.
2
Where the work relates to one building and is not commenced within 3 years from the end of the relevant day—
a
the public body’s notice ceases to be in force, and
b
if a public body’s plans certificate relating to the work (or any part of it) has been accepted, the relevant provisions have effect as if the certificate had not been given (or accepted).
3
Where the work relates to more than one building, and the work in relation to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day—
a
the public body’s notice ceases to be in force so far as it relates to the relevant work, and
b
if a public body’s plans certificate relating to the relevant work (or any part of it) has been accepted, the relevant provisions have effect as if, as regards the relevant work, the certificate had not been given (or accepted).
4
For the purposes of sub-paragraph (3)(b) it does not matter whether the public body’s plans certificate also relates to work other than the relevant work.
5
In this paragraph “the relevant provisions” has the meaning given by section 32.
6
Building regulations may make provision about when work (or work relating to a building) is to be regarded as commenced for the purposes of this paragraph.

I139 I643 I71837Determination of certain applications by Secretary of State or Welsh Ministers

After section 30 of the Building Act 1984 insert—

Determination by appropriate national authority
30ADetermination of certain applications by appropriate national authority
1
This section applies where the building control authority fails to determine a prescribed application relating to higher-risk building work (“the original application”) within the relevant period.
2
The applicant may apply to the appropriate national authority for the original application to be determined by that authority.
3
An application under this section may be made only—
a
before the end of the prescribed period, and
b
if the building control authority has not determined the original application.
4
The building control authority may not determine the original application at any time after the making of an application under this section.
5
Building regulations may make provision about applications under this section, including in particular provision—
a
about the making of such applications;
b
requiring an applicant to notify the building control authority of the making of an application;
c
imposing duties on the building control authority in cases where an application is made;
d
for and in connection with the appropriate national authority appointing a person to determine the original application (including provision conferring functions on that person and providing that their decision is treated as the decision of the appropriate national authority);
e
about the procedure to be adopted in connection with the determination of the original application.
6
The provision that may be made by virtue of subsection (5)(a) includes provision about—
a
the form and content of applications;
b
the information and documents that are to accompany an application;
c
the way in which an application, and anything that is to accompany it, is to be given.
7
For the purposes of determining the original application by virtue of this section, this Act and building regulations apply in relation to the appropriate national authority (and any person appointed by virtue of subsection (5)(d)) as they apply in relation to the building control authority.
8
The applicant may appeal to—
a
the tribunal, against a decision of the Secretary of State made under this section;
b
a magistrates’ court, against a decision of the Welsh Ministers made under this section.
9
In this section “the relevant period” means—
a
the period provided by building regulations as the period within which the building control authority is to make the decision, or
b
if the regulations provide that that period may be extended by agreement between the applicant and the building control authority and such an agreement is made, the agreed period.

I763 I120 I366 I28138Compliance and stop notices

1

In the Building Act 1984 before section 36 insert—

Notices in respect of contraventions
35BCompliance notices
1
The building control authority may give a compliance notice to a person who appears to the authority to have contravened, be contravening or be likely to contravene—
a
a relevant provision of building regulations, or
b
a requirement imposed by virtue of such a provision.
2
A “compliance notice” is—
a
a notice requiring the recipient to take specified steps within a specified period, or
b
a notice requiring the recipient 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)(a) may specify any steps relating to—
a
the remedying of the contravention, or
b
avoiding the contravention occurring.
4
A person who, without reasonable excuse, contravenes a compliance notice commits an offence.
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.
6
A compliance notice may not be given in respect of a contravention which occurred more than 12 months before the day on which the notice is given.
7
In this section—
a
“relevant provision” means any provision of building regulations except one that is prescribed for the purposes of this paragraph;
b
“specified” means specified in the notice.
35CStop notices
1
The building control authority may give a stop notice to a person appearing to the authority to be in control of any work if it appears to the authority that—
a
the carrying out of the work would contravene a provision of building regulations prescribed for the purposes of this paragraph,
b
a compliance notice relating to the work has been contravened, or
c
the work contravenes a provision of building regulations or a requirement imposed by virtue of such a provision, and the risk of serious harm condition is met.
2
For the purposes of subsection (1)(c) the “risk of serious harm condition” is that use of the building in question without the contravention having been remedied would be likely to present a risk of serious harm to people in or about the building.
3
A “stop notice” is a notice prohibiting, either immediately or from a specified time, the carrying out of specified work until the occurrence of such of the following as may be specified—
a
the taking of specified steps;
b
the occurrence of specified circumstances;
c
the remedying of a specified contravention or the matters giving rise to it.
4
Where a stop notice is contravened, the person to whom the notice was given commits an offence.
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.
6
It is a defence for a person charged with an offence under this section to prove that the person took all reasonable precautions and exercised all due diligence to avoid the contravention of the stop notice.
7
In this section “specified” means specified in the notice.
35DCompliance and stop notices: supplementary
1
Building regulations may make provision about compliance notices or stop notices.
2
The regulations may in particular make provision about—
a
the form and content of notices;
b
the giving of notices;
c
the amendment or withdrawal of notices;
d
the extension of any period specified in a compliance notice for the doing of a thing.
3
The regulations may require a building control authority which gives a notice to a person to take reasonable steps to notify other prescribed persons.
4
A compliance notice, or a stop notice under section 35C (1)(a), may not be given in respect of a contravention (including a future contravention) where—
a
an application for building control approval was made to a building control authority in respect of any work that is not higher-risk building work,
b
the application was granted, and
c
the contravention consists (or would consist) of the carrying out of work or the doing of anything else in accordance with—
i
the plans, or any other document, approved by the grant of building control approval, and
ii
any requirement imposed by the building control authority in connection with the work or other thing.

2

After section 39 of that Act insert—

39AAppeals against compliance notices and stop notices etc
1
A person to whom a compliance notice has been given may appeal to the appropriate court or tribunal.
2
Where an appeal under subsection (1) is made—
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 35B (2) 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.
3
A person to whom a compliance notice has been given may apply to the appropriate court or tribunal for an extension of the period for the doing of the thing specified in the notice.
4
Subsection (2) applies in relation to such an application as it applies in relation to an appeal under subsection (1).
5
A person to whom a stop notice has been given may appeal to the appropriate court or tribunal.
6
Where an appeal under subsection (5) is made—
a
the appellant may apply to the appropriate court or tribunal for a direction that the stop notice is of no effect pending the final determination or withdrawal of the appeal, and
b
unless and until any such direction is given, the stop notice continues to have effect despite the making of the appeal.

I30 I203 I186 I60139Breach of building regulations

1

The Building Act 1984 is amended as follows.

2

For section 35 substitute—

35Offence of contravening building regulations etc
1
A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.
2
Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations.
3
Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed.
4
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

3

In section 36(4) (time limit for notices requiring removal or alteration of non-compliant work) for “12 months” substitute “10 years”.

I733 I47 I82740Liability of officers of body corporate etc

In the Building Act 1984 before section 113 insert—

112ALiability of officers of body corporate etc
1
Where an offence under this Act 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
b
is attributable to any neglect on the part of any such person,
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) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Subsection (1) 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;
b
in the case of an unincorporated body other than a partnership—
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.

I612 I463 I31641Revocation etc of certain provision made under section 2(2) of ECA 1972

1

In this section “combined instrument” means an instrument containing (whether alone or with other provision)—

a

provision made under section 1(1) of the Building Act 1984 (building regulations), and

b

provision made under section 2(2) of the European Communities Act 1972 (provision implementing EU obligations etc).

2

Regulations under section 1(1) of the Building Act 1984 may revoke a combined instrument so far as it is made under section 2(2) of the European Communities Act 1972.

3

Nothing in paragraph 13 or 14 of Schedule 8 to the European Union (Withdrawal) Act 2018 (procedure etc for SIs amending or revoking regulations etc made under section 2(2) of the 1972 Act) is to be read as applying to a statutory instrument that amends a combined instrument so far as the combined instrument is made under section 2(2) of the European Communities Act 1972.

Building control approvers and building inspectors

I378 I360 I473 I131 I778 I779 I820 I819 I82142Regulation of building control profession

In the Building Act 1984, after Part 2 insert—

Part 2AREGULATION OF BUILDING CONTROL PROFESSION
Interpretation
58A“Regulatory authority”
In this Act the “regulatory authority” means—
a
in relation to England, the regulator;
b
in relation to Wales, the Welsh Ministers.
Registered building inspectors
58B“Registered building inspector”
In this Act “registered building inspector” means an individual registered as a building inspector in accordance with this Part.
58CRegister of building inspectors
1
The regulatory authority must establish and maintain a register of building inspectors.
2
The register may provide for different classes of building inspectors (for example, according to qualifications or experience).
3
The regulatory authority must register an individual as a building inspector, or a building inspector of a particular class, if—
a
the individual makes an application for registration in accordance with section 58D, and
b
the authority is satisfied that the individual meets such criteria as the authority may from time to time determine.
4
Registration may—
a
have effect in relation to all work or in relation to work of a particular description;
b
be subject to conditions.
5
Registration must be for a prescribed period.
6
The register must record, in relation to each registered building inspector—
a
the individual’s name and business address;
b
if the individual is employed by a building control authority or a registered building control approver, the name and business address of that person;
c
whether the individual’s registration has effect in relation to all work or work of a particular description;
d
if the individual’s registration has effect in relation to work of a particular description, that description of work;
e
any conditions to which the individual’s registration is subject;
f
the period for which the individual is registered;
g
if the individual’s registration has been varied by an order under section 58I (2)(b), that fact and the effect of the variation;
h
if the individual’s registration has been suspended by an order under section 58I (2)(c) or 58J (2), that fact and the period of the suspension;
i
any matters that are prescribed.
7
The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate.
58DApplication for registration as building inspector
1
An application for registration as a building inspector must—
a
be made in such form and manner, and
b
be accompanied by such information and supporting evidence,
as the regulatory authority may from time to time determine.
2
The regulatory authority may make different provision about those matters for different cases.
3
When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require.
4
The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application.
58EVariation or cancellation of registration as building inspector
1
A registered building inspector may apply for the variation or cancellation of their registration.
2
Section 58D applies to such an application as it applies to an application for registration.
58FCode of conduct
1
The regulatory authority must prepare and publish a code of conduct for registered building inspectors.
2
The code must set out standards of professional conduct and practice expected of registered building inspectors.
3
The code may make different provision for different cases (for example, for different descriptions of work).
4
The regulatory authority may revise the code of conduct at any time (and must publish any revised code).
58GRegistered building inspectors: information notices
1
The regulatory authority may by notice in writing require a registered building inspector to provide the authority with any documents or information the authority reasonably requires for the purposes its functions under sections 58B to 58M.
2
The notice must specify—
a
the documents or information required,
b
the date by which they must be provided, and
c
the form in which they must be provided.
58HProfessional misconduct investigations
1
If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building inspector may be guilty of professional misconduct, the authority may investigate the matter.
2
In this Part “professional misconduct”, in relation to a registered building inspector, means conduct that—
a
falls short of the standards of conduct and practice expected of registered building inspectors, or
b
is likely to bring the profession of registered building inspectors into disrepute.
3
The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building inspector under this section (which must include an opportunity for the inspector to make representations).
4
The regulatory authority may revise the statement at any time (and must publish any revised statement).
58ISanctions for professional misconduct
1
If following an investigation under section 58H the regulatory authority determines that an individual who is a registered building inspector is guilty of professional misconduct, the authority may make one or more disciplinary orders.
2
A disciplinary order is an order—
a
requiring the individual to pay a financial penalty of an amount specified in the order,
b
varying the individual’s registration in a way specified in the order,
c
suspending the individual’s registration for a period specified in the order, or
d
cancelling the individual’s registration from a date specified in the order.
3
Varying the individual’s registration means varying any of the matters listed in section 58C (4) (limitations and conditions).
4
Where the regulatory authority makes a disciplinary order it must give a copy of the order to the individual concerned as soon as reasonably practicable.
5
The individual may appeal to the appropriate court or tribunal against a disciplinary order under this section.
6
A disciplinary order under subsection (2)(a) or (b) has no effect until—
a
the end of the period within which an appeal may be brought, or
b
if an appeal is brought before the end of that period, the determination of the appeal.
7
Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a).
58JInterim suspension for suspected serious professional misconduct
1
This section applies where the regulatory authority considers that—
a
an individual who is a registered building inspector may be guilty of professional misconduct, and
b
the suspected misconduct is so serious that, if the authority determines that the individual is guilty, it is likely to make an order under section 58I (2)(d) cancelling the individual’s registration.
2
The regulatory authority may by order suspend the individual’s registration for a period specified in the order (which must not exceed 3 months).
3
The regulatory authority may revoke the order before the end of that period.
4
Where the regulatory authority makes (or revokes) an order under this section it must give a copy of the order (or notice of the revocation) to the individual concerned as soon as reasonably practicable.
5
The individual may appeal to the appropriate court or tribunal against an order under this section.
58KSuspension orders: further provision
An individual whose registration is suspended under section 58I (2)(c) or 58J (2) is not a registered building inspector for the purposes of section 46A or 54B (restricted activities and functions) (but is a registered building inspector for the purposes of this Part).
58LOffences relating to registration
1
A registered building inspector commits an offence if, without reasonable excuse, they carry out a restricted activity on behalf of a building control authority or a registered building control approver—
a
in relation to work which is outside the scope of their registration, or
b
while their registration is suspended.
2
“Restricted activity”—
a
in relation to a building control authority, has the meaning given by section 46A;
b
in relation to a registered building control approver, has the meaning given by section 54B.
3
A registered building inspector commits an offence if, without reasonable excuse—
a
they give advice to a building control authority or registered building control approver—
i
in relation to work which is outside the scope of their registration, or
ii
while their registration is suspended, and
b
they know, or ought to know, that the authority or approver is obtaining that advice for the purposes of section 46A or 54B (restricted functions).
4
A registered building inspector commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration.
5
A registered building inspector whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended.
6
For the purposes of this section, work is outside the scope of a registered building inspector’s registration if the inspector’s registration does not have effect in relation to work of that description.
7
An offence under this section is punishable on summary conviction by a fine.
58MOffence of acting as, or pretending to be, a registered building inspector
1
A person who is not a registered building inspector commits an offence if, with intent to deceive, the person—
a
impersonates a registered building inspector, or
b
does anything (including using any name, title or description) which implies that the person is a registered building inspector.
2
An offence under this section is punishable on summary conviction by a fine.
Registered building control approvers
58N“Registered building control approver”
In this Act “registered building control approver” means a person registered as a building control approver in accordance with this Part.
58ORegister of building control approvers
1
The regulatory authority must establish and maintain a register of building control approvers.
2
The regulatory authority must register a person as a building control approver if—
a
the person makes an application for registration in accordance with section 58P, and
b
the authority is satisfied that the person meets such criteria as the authority may from time to time determine.
3
Registration may—
a
have effect in relation to all work or in relation to work of a particular description;
b
be subject to conditions.
4
Registration must be for a prescribed period.
5
The register must record, in relation to each registered building control approver—
a
the person’s name and business address;
b
whether the person’s registration has effect in relation to all work or work of a particular description;
c
if the person’s registration has effect in relation to work of a particular description, that description of work;
d
any conditions to which the person’s registration is subject;
e
the period for which the person is registered;
f
if the person’s registration has been varied by an order under section 58U (2)(b), that fact and the effect of the variation;
g
if the person’s registration has been suspended by an order under section 58U (2)(c) or 58V (2), that fact and the period of the suspension;
h
any matters that are prescribed.
6
The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate.
58PApplication for registration as building control approver
1
An application for registration as a building control approver must—
a
be made in such form and manner, and
b
be accompanied by such information and supporting evidence,
as the regulatory authority may from time to time determine.
2
The regulatory authority may make different provision about those matters for different cases.
3
When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require.
4
The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application.
58QVariation or cancellation of registration as building control approver
1
A registered building control approver may apply for the variation or cancellation of their registration.
2
Section 58P applies to such an application as it applies to an application for registration.
58RProfessional conduct rules
1
The regulatory authority must prepare and publish professional conduct rules applying to registered building control approvers (in addition to operational standards rules applying to them under section 58Z).
2
Professional conduct rules may in particular make provision about insurance and financial propriety.
3
The rules may make different provision for different cases (for example, for different descriptions of work).
4
The regulatory authority may revise the professional conduct rules at any time (and must publish any revised rules).
58SRegistered building control approvers: information notices
1
The regulatory authority may by notice in writing require a registered building control approver to provide the authority with any documents or information the authority reasonably requires for the purposes of its functions under sections 58N to 58X.
2
The notice must specify—
a
the documents or information required,
b
the date by which they must be provided, and
c
the form in which they must be provided.
58TInvestigations into contraventions of professional conduct rules
1
If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building control approver may have contravened the professional conduct rules, the authority may investigate the matter.
2
The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building control approver under this section (which must include an opportunity for the person to make representations).
3
The regulatory authority may revise the statement at any time (and must publish any revised statement).
58USanctions for contravention of professional conduct rules
1
If following an investigation under section 58T the regulatory authority determines that a person who is a registered building control approver has contravened the professional conduct rules, the authority may make one or more disciplinary orders.
2
A disciplinary order is an order—
a
requiring the person to pay a financial penalty of an amount specified in the order,
b
varying the person’s registration in a way specified in the order,
c
suspending the person’s registration for a period specified in the order, or
d
cancelling the person’s registration from a date specified in the order.
3
Varying the person’s registration means varying any of the matters listed in section 58O (3) (limitations and conditions).
4
Where the regulatory authority makes a disciplinary order it must as soon as reasonably practicable—
a
give a copy of the order to the person concerned, and
b
in prescribed cases, give a copy of the order—
i
to each local authority in England, where the regulatory authority is the regulator, or
ii
to each local authority in Wales, where the regulatory authority is the Welsh Ministers.
5
The person may appeal to the appropriate court or tribunal against a disciplinary order under this section.
6
A disciplinary order under subsection (2)(a) or (b) has no effect until—
a
the end of the period within which an appeal may be brought, or
b
if an appeal is brought before the end of that period, the determination of the appeal.
7
Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a).
8
A person whose registration is suspended by an order under subsection (2)(c) is a registered building control approver for the purposes of this Part.
9
See section 58Z6 (2) for further provision about cancellation of a person’s registration as a building control approver.
58VInterim suspension for suspected serious contravention
1
This section applies where the regulatory authority considers that—
a
a person who is a registered building control approver may have contravened the professional conduct rules, and
b
the suspected contravention is so serious that, if the authority determines that the contravention has occurred, it is likely to make an order under section 58U (2)(d) cancelling the person’s registration.
2
The regulatory authority may by order suspend the person’s registration for a period specified in the order (which must not exceed 3 months).
3
The regulatory authority may revoke the order before the end of that period.
4
Where the regulatory authority makes (or revokes) an order under this section it must as soon as reasonably practicable—
a
give a copy of the order (or notice of the revocation) to the person concerned, and
b
in prescribed cases, give a copy of the order (or notice of the revocation)—
i
to each local authority in England, where the regulatory authority is the regulator, or
ii
to each local authority in Wales, where the regulatory authority is the Welsh Ministers.
5
The person may appeal to the appropriate court or tribunal against an order under this section.
6
A person whose registration is suspended by an order under this section is a registered building control approver for the purposes of this Part.
58WOffence of registered building control approver acting outside scope of registration
1
A registered building control approver commits an offence if, without reasonable excuse, they exercise a function under this Act, or regulations made under this Act—
a
in relation to work outside the scope of their registration, or
b
while their registration is suspended.
2
A registered building control approver commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration.
3
A registered building control approver whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended.
4
For the purposes of this section, work is outside the scope of a registered building control approver’s registration if their registration does not have effect in relation to work of that description.
5
An offence under this section is punishable on summary conviction by a fine.
58XOffence of pretending to be a registered building control approver
1
A person who is not a registered building control approver commits an offence if, with intent to deceive, the person—
a
impersonates a registered building control approver, or
b
does anything (including using any name, title or description) which implies that the person is a registered building control approver.
2
An offence under this section is punishable on summary conviction by a fine.
Delegation of registration functions
58YDelegation of registration functions
1
The regulatory authority may delegate its registration functions to another person, to such extent and subject to such conditions as it considers appropriate.
2
The regulatory authority’s registration functions are its functions under sections 58B to 58X (and include the charging of any registration fees or recovery of any registration charges).
3
“Registration fees” and “registration charges” mean fees and charges in connection with the regulatory authority’s functions under sections 58B to 58X that are—
a
prescribed by regulations under section 105B, or
b
determined by the regulatory authority in accordance with regulations under that section.
4
The regulatory authority may vary or revoke a delegation.
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 of this Act (sharing of information between regulatory authorities) and Schedule 3 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 (sharing of information between regulatory authorities);
b
section 91B (cooperation and sharing of information between Welsh Ministers and other authorities);
c
section 131A (application to the Crown).
Operational standards rules
58ZOperational standards rules
1
The regulatory authority may make rules (“operational standards rules”) applying to local authorities and registered building control approvers in relation to their exercise of building control functions.
2
Operational standards rules may in particular make provision about standards to be met, and practices, procedures or methods to be adopted, in exercising building control functions.
3
In this Part “building control functions”, in relation to a local authority or registered building control approver, means the functions of the authority or approver under this Act and regulations made under it.
4
The operational standards rules may make different provision for different cases (for example, for different descriptions of work).
5
The regulatory authority may revise the operational standards rules at any time.
6
The regulatory authority must publish the operational standards rules (and any revised rules).
58Z1Reporting requirements
1
The regulatory authority may direct local authorities and registered building control approvers to provide it, at specified times or intervals, with specified reports, returns and other information relating to the exercise of their building control functions.
2
“Specified” means specified in the direction.
3
A direction under this section—
a
must be in writing;
b
may be general or specific;
c
may be varied or revoked.
4
A registered building control approver who, without reasonable excuse, fails to comply with a direction under this section commits an offence.
5
An offence under subsection (4) is punishable on summary conviction by a fine.
58Z2Information: Wales
1
This section applies where the Welsh Ministers are the regulatory authority.
2
The Welsh Ministers may by notice in writing require a local authority or registered building control approver to provide the Welsh Ministers with any documents or information relating to the exercise of their building control functions that the Welsh Ministers reasonably require.
3
The notice must specify—
a
the documents or information required,
b
the date by which they must be provided, and
c
the form in which they must be provided.
4
A registered building control approver who, without reasonable excuse, fails to comply with a notice under this section commits an offence.
5
An offence under subsection (4) is punishable on summary conviction by a fine.
58Z3Investigations
1
If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a local authority or registered building control approver may have contravened the operational standards rules, the regulatory authority may investigate the matter.
2
The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating an authority or approver under this section (which must include an opportunity for the authority or approver to make representations).
3
The regulatory authority may revise the statement at any time (and must publish any revised statement).
58Z4Improvement notice
1
The regulatory authority may give an improvement notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the local authority or registered building control approver has contravened operational standards rules.
2
An improvement notice is a notice requiring the local authority or registered building control approver to remedy the contravention by doing, or by refraining from doing, anything specified in the order.
3
An improvement notice may have effect—
a
until it is revoked, or
b
for a period specified in the notice.
4
Where the regulatory authority gives an improvement notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice.
5
Where the regulatory authority gives an improvement notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement—
a
to each local authority in England, where the regulatory authority is the regulator, or
b
to each local authority in Wales, where the regulatory authority is the Welsh Ministers.
6
Where the regulatory authority giving an improvement notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State.
7
The local authority or registered building control approver to whom the improvement notice is given may appeal to the appropriate court or tribunal against the notice.
58Z5Serious contravention notices
1
The regulatory authority may give a serious contravention notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the condition in subsection (2) or (3) is met.
2
The condition in this subsection is that—
a
the local authority or registered building control approver has contravened operational standards rules, and
b
as a result of the contravention the safety of persons in or about buildings has been, or may have been, put at risk.
3
This condition in this subsection is that the local authority or registered building control approver—
a
has been given an improvement notice under section 58Z4, and
b
has failed to remedy the contravention of operational standards rules in respect of which the notice was given.
4
A serious contravention notice is a notice requiring the local authority or registered building control approver to remedy the contravention in question by doing, or by refraining from doing, anything specified in the order.
5
A serious contravention notice may have effect—
a
until it is revoked, or
b
for a period specified in the notice.
6
Where the regulatory authority gives a serious contravention notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice.
7
Where the regulatory authority gives a serious contravention notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement—
a
to each local authority in England, where the regulatory authority is the regulator, or
b
to each local authority in Wales, where the regulatory authority is the Welsh Ministers.
8
Where the regulatory authority giving a serious contravention notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State.
9
The local authority or registered building control approver to whom the serious contravention notice is given may appeal to the appropriate court or tribunal against the notice.
10
A person who, without reasonable excuse, contravenes a serious contravention notice commits an offence and is liable on summary conviction to a fine.
58Z6Continuing failure to meet standards: registered building control approvers
1
This section applies where—
a
the regulatory authority has given a registered building control approver one or more serious contravention notices under section 58Z5, and
b
it appears to the regulatory authority that the way in which the approver exercises their building control functions—
i
falls short of the standards expected, and
ii
puts, or may put, the safety of persons in or about buildings at risk,
and is likely to continue to do so.
2
The regulatory authority may cancel the approver’s registration.
3
But before cancelling a registered building control approver’s registration under subsection (2) the regulatory authority must—
a
give the approver notice that it is considering its registration under that subsection, and explain its reasons, and
b
invite the approver to make representations within a period specified in the notice (which must not be less than 14 days).
4
Where the regulatory authority cancels a registered building control approver’s registration under subsection (2) it must as soon as reasonably practicable—
a
notify the approver that it has done so,
b
give the approver a statement of its reasons, and
c
notify—
i
each local authority in England, where the regulatory authority is the regulator, or
ii
each local authority in Wales, where the regulatory authority is the Welsh Ministers.
5
A registered building control approver may appeal to the appropriate court or tribunal against the cancellation of its registration under subsection (2).
58Z7Continuing failure to meet standards: local authorities in England
1
This section applies where—
a
the regulatory authority is the regulator,
b
the regulatory authority has given a local authority one or more serious contravention notices under section 58Z5, and
c
it appears to the regulatory authority that the way in which the local authority exercises their building control functions—
i
falls short of the standards expected, and
ii
puts, or may put, the safety of persons in or about buildings at risk,
and is likely to continue to do so.
2
The regulatory authority may recommend to the Secretary of State that the Secretary of State make an order under section 116(4) (transfer of functions to the Secretary of State or another local authority).
3
But before making a recommendation under subsection (2) the regulatory authority must—
a
give the local authority notice that it is considering making a recommendation under that subsection, and explain its reasons, and
b
invite the authority to make representations within a period specified in the notice (which must not be less than 14 days).
4
Where the regulatory authority makes a recommendation under subsection (2) it must as soon as reasonably practicable—
a
notify the local authority that it has done so, and
b
give the local authority a statement of its reasons.
5
A local authority may appeal to the tribunal against a recommendation under subsection (2).
Inspection of local authorities and registered building control approvers
58Z8Inspections
1
The regulatory authority may carry out an inspection of a local authority, or a registered building control approver, in relation to their exercise of building control functions.
2
The purposes for which an inspection may be carried out include—
a
ascertaining the efficiency and effectiveness of the local authority or registered building control approver in exercising their building control functions;
b
verifying any information provided by the local authority or registered building control approver to the regulatory authority, in connection with their building control functions.
Information sharing
58Z9Sharing of information between regulatory authorities
1
The regulator may disclose information held in connection with a function under this Part to the Welsh Ministers for the purposes of—
a
a function of the regulator under this Part, or
b
a function of the Welsh Ministers under this Part.
2
The Welsh Ministers may disclose information held in connection with a function under this Part to the regulator for the purposes of—
a
a function of the Welsh Ministers under this Part, or
b
a function of the regulator under this Part.
3
Except as provided by subsection (4), the disclosure of information under this section does not breach—
a
any obligation of confidence owed by the person making the disclosure, or
b
any other restriction on the disclosure of information (however imposed).
4
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).
Appeals
58Z10Appeal to Crown Court
An appeal lies to the Crown Court against a decision of a magistrates’ court under this Part.

I413 I829 I82843Transfer of approved inspectors’ functions to registered building control approvers

Schedule 4 amends the Building Act 1984 so as to—

a

transfer the functions of approved inspectors to registered building control approvers, and

b

make other provision consequential on section 42.

I218 I715 I58 I83044Functions exercisable only through, or with advice of, registered building inspectors

I9581

The Building Act 1984 is amended as follows.

2

After section 46 insert—

Building control authorities: restricted activities and functions
46ABuilding control authorities: restricted activities and functions
1
A building control authority may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the authority’s behalf, whose registration has effect in relation to work of that description.
2
Before each exercise of a restricted function in relation to any work, a building control authority must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.
3
The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the authority.
4
In this section—
“restricted activity” means an activity that is prescribed for the purposes of this section;
“restricted function” means a function of a building control authority under—
a
this Part,
b
Part 3, or
c
regulations made under this Part or Part 3,
that is prescribed for the purposes of this section.

I8313

After section 54A (inserted by section 47) insert—

Registered building control approvers: restricted activities and functions
54BRegistered building control approvers: restricted activities and functions
1
This section applies to a registered building control approver who is not a registered building inspector.
2
The approver may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the approver’s behalf, whose registration has effect in relation to work of that description.
3
Before each exercise of a restricted function in relation to any work, the approver must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.
4
The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the approver.
5
In this section—
“restricted activity” means an activity that is prescribed for the purposes of this section;
“restricted function” means a function of a registered building control approver under this Part, or regulations made under this Part, that is prescribed for the purposes of this section.
6
A registered building control approver who contravenes subsection (2) or (3) without reasonable excuse commits an offence.
7
An offence under this section is punishable on summary conviction by a fine.

I654 I83245Default powers of appropriate national authority

1

The Building Act 1984 is amended as follows.

2

In section 116 (power to transfer local authority functions to appropriate national authority)—

a

in the heading for “Secretary of State” substitute “appropriate national authority”;

b

in subsection (1)—

i

for “Secretary of State” substitute “appropriate national authority”;

ii

for “he” substitute “it”;

c

in subsection (2)—

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) 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—
a
under section 58Z7 (2) the regulator recommends that the Secretary of State make a transfer order in respect of the authority, and
b
the Secretary of State is satisfied that the way in which the authority exercises its functions under this Act—
i
falls short of the standards expected, and
ii
puts, or may put, the safety of persons in or about buildings at risk,
and is likely to continue to do so.
5
The Welsh Ministers may also make a transfer order in respect of a local authority if the Welsh Ministers are satisfied that the way in which the authority exercises its functions under this Act—
a
falls short of the standards expected, and
b
puts, or may put, the safety of persons in or about buildings at risk,
and is likely to continue to do so.
6
A “transfer order”, in respect of a local authority or joint board, is an order transferring to the appropriate national authority, or to another local authority, such functions of the authority or board as may be specified in the order.

3

In section 117 (expenses)—

a

in the heading for “Secretary of State” substitute “appropriate national authority”;

b

before subsection (1) insert—

A1
This section applies where the appropriate national authority has transferred functions to itself by a transfer order under section 116.
A2
Any expenses incurred by the Secretary of State in discharging the transferred functions are to be paid in the first instance out of money provided by Parliament.

c

in subsection (1)—

i

for the words before paragraph (a) 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) for “him” substitute “the authority”;

iii

in paragraph (b) 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) for “Secretary of State” substitute “appropriate national authority”.

4

In section 118 (variation or revocation of transfer order)—

a

in subsection (1)—

i

for “Secretary of State” substitute “appropriate national authority”;

ii

for “an order under section 116(2)” substitute “a transfer order under section 116”;

iii

for “he” substitute “it”;

b

after subsection (1) insert—

1A
The Secretary of State must consult the regulator before making an order under subsection (1).

c

in subsection (2)—

i

for “Secretary of State” substitute “appropriate national authority”;

ii

for “him”, in the first place it occurs, substitute “it”;

iii

for the words from “by him” to the end substitute “, by the person to whom the revoked order transferred functions, in discharging those functions.”

I15 I328 I748 I576 I83346Higher-risk building work: registered building control approvers

1

In section 47 of the Building Act 1984 (giving and acceptance of initial notice), in subsection (1)(a)—

a

after “prescribed form” insert “relating to work that is not higher-risk building work”;

b

after “carry out” insert “the”.

2

In section 51A of the Building Act 1984 (variation of work to which initial notice relates), for subsection (1) substitute—

1
This section applies where—
a
it is proposed that the work to which an initial notice relates should be varied, and
b
the work as varied is not higher-risk building work.

3

After section 52 of the Building Act 1984 insert—

52ACancellation of initial notice when work becomes higher-risk building work
1
If, at a time when an initial notice is in force, it appears to the registered building control approver that some or all of the work has become higher-risk building work, the registered building control approver must, as soon as is reasonably practicable, cancel the relevant part of the initial notice by notice in the prescribed form given to—
a
the local authority concerned, and
b
the person carrying out or intending to carry out the work.
2
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 that some or all of the work has become higher-risk building work, the person must, as soon as is reasonably practicable, cancel the relevant part of the initial notice by notice in the prescribed form given to—
a
the local authority concerned, and
b
the registered building control approver.
3
Where a person is required to give a notice under subsection (1) or (2) in relation to higher-risk building work in England, the person must, as soon as is reasonably practicable, give a copy of that notice to the regulator.
4
If, at a time when an initial notice is in force, it appears to the local authority concerned that some or all of the work has become higher-risk building work, the authority must cancel the relevant part of the initial notice by notice in the prescribed form given to—
a
the registered building control approver, and
b
the person shown in the initial notice as the person intending to carry out the work.
5
Where a local authority is required to give a notice under subsection (4) in relation to higher-risk building work in England, the local authority must give a copy of that notice to the regulator.
6
A person commits an offence if they fail without reasonable excuse to—
a
give to a local authority a notice that the person is required to give by subsection (1) or (2);
b
give to the regulator a copy of a notice that the person is required to give by subsection (3).
7
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine.
8
Where a notice is given under any of subsections (1), (2) and (4) (a “cancellation notice”)—
a
the part of the initial notice to which the cancellation notice relates is cancelled with effect from the day on which the cancellation notice is given, and
b
a new initial notice may not be given in relation to any of the work to which the cancelled part of the initial notice related.
9
In this section “the relevant part of the initial notice” means so much of the initial notice as relates to work that has become higher-risk building work.
52BEffect of initial notice ceasing to be in force where work becomes higher-risk building work
1
This section applies where an initial notice ceases to be in force, whether in whole or in part, by virtue of section 47(4)(b)(ia) (higher-risk building work).
2
If, before the day on which the relevant part of the initial notice ceased to be in force, a final certificate—
a
was given in respect of part of the work to which the relevant part of the initial notice relates, and
b
was accepted by the local authority,
the fact that the relevant part of the initial notice has ceased to be in force does not affect the continuing operation of section 51(3) in relation to that part of the work.
3
The building control authority in relation to any of the uncertified work is—
a
in England, the regulator, and
b
in Wales, the relevant local authority (within the meaning of section 121A (2)).
4
In subsection (3), the “uncertified work” means any of the work—
a
to which the relevant part of the initial notice relates, and
b
in respect of which no final certificate has been accepted by the local authority as mentioned in subsection (2).
5
Sections 91(3) (duties of the regulator) and 121A (1) (meaning of “building control authority”) apply as if, in each case, the reference to section 91ZA or 91ZB were a reference to section 52B, 91ZA or 91ZB.
6
In any case where this section applies, the reference in subsection (4) of section 36 to the date of the completion of the work in question has effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the relevant part of the initial notice ceased to be in force.
7
In this section “the relevant part of the initial notice” means so much of the initial notice as was cancelled by a notice under section 52A (cancellation of initial notice when work becomes higher-risk building work).

4

In section 47 of the Building Act 1984 (giving and acceptance of initial notice), in subsection (4)(b)—

a

omit the “or” after sub-paragraph (i);

b

after sub-paragraph (i) insert—

ia
it is cancelled, in whole or in part, by a notice under section 52A,

5

In section 55 of the Building Act 1984 (appeals), after subsection (2) insert—

2A
Where a local authority cancels an initial notice, in whole or in part, by giving a notice (a “cancellation notice”) under section 52A (4)—
a
the person shown in the initial notice as the person intending to carry out the work, or
b
the registered building control approver,
may appeal to the appropriate court or tribunal.
2B
On an appeal under subsection (2A), the court or tribunal must determine whether the relevant part of the initial notice was properly cancelled.
2C
In a case where the court or tribunal determines that the relevant part of the initial notice was not properly cancelled—
a
the determination does not have the effect of reinstating the relevant part of the initial notice;
b
section 52B (2) and (6) continue to apply in relation to the relevant part of the initial notice;
c
a new initial notice relating to any of the work to which the relevant part of the original initial notice related (the “original work”) may be given only if the new initial notice—
i
is given before the end of the period of seven days beginning with the day on which the appeal is determined or such other period as may be prescribed, and
ii
relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority;
d
the court or tribunal may give such directions as it considers appropriate in consequence of the determination (which may include giving directions to the regulator).
2D
Where—
a
a plans certificate has been given in respect of any of the original work,
b
the conditions in paragraphs (a) and (b) of section 53(2) are fulfilled with respect to that certificate, and
c
a new initial notice as referred to in subsection (2C)(c) is accepted,
section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.
2E
Where—
a
a new initial notice is given in accordance with subsection (2C)(c), and
b
the registered building control approver shown in the new initial notice is different to the registered building control approver shown in the original initial notice,
sections 53B to 53E apply as if any reference in those sections to a new initial notice given in accordance with section 53(7)(a) were a reference to a new initial notice given in accordance with section 55(2C)(c).
2F
In this section the “relevant part of the initial notice” means so much of the initial notice as was subject to the cancellation notice.

I573 I523 I5647Higher-risk building work: public bodies

After section 54 of the Building Act 1984 insert—

54APublic bodies and higher-risk building work
1
The appropriate national authority may by regulations make such amendments of the provisions listed in subsection (2) as the authority considers appropriate in connection with higher-risk building work.
2
The provisions are—
a
section 5;
b
section 54;
c
Schedule 4.

I71 I581 I18048Insurance: removal of requirements

1

The Building Act 1984 is amended as follows.

2

In section 47 (giving and acceptance of initial notice)—

a

in subsection (1) omit paragraph (c) (but not the “and” at the end of it);

b

omit subsections (6) and (7).

3

In section 51A(2) (variation of work to which initial notice relates) omit paragraph (c) (but not the “and” at the end of it).

4

In section 56 (recording and furnishing of information) omit subsection (2).

I658 I6 I757 I83449Plans certificates

I9601

The Building Act 1984 is amended as follows.

I9602

In section 50 (plans certificates)—

a

for subsection (1) substitute—

1
In this Part a “plans certificate” means a certificate by a registered building control approver that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the approver has given an initial notice).
1A
The relevant conditions are that the registered building control approver—
a
has inspected—
i
full plans of the work, or
ii
plans of the work that the approver is satisfied are sufficient for the purposes of giving a plans certificate in relation to the work,
b
is satisfied that the plans are not defective,
c
is satisfied that work carried out in accordance with the plans would not contravene any provision of building regulations, and
d
has complied with any prescribed requirements as to consultation or otherwise.
1B
Subsection (1C) applies if the person intending to carry out work to which an initial notice relates asks the registered building control approver who gave the initial notice to give a plans certificate in respect of the work.
1C
If the relevant conditions are met, the approver must give a plans certificate to the local authority and the person intending to carry out the work.
1D
A plans certificate must be in the prescribed form.

b

in subsection (4) for “certificate under subsection (1) above” substitute “plans certificate”;

c

after subsection (7) insert—

7A
Building regulations may make further provision in connection with plans certificates, including in particular provision—
a
requiring a plans certificate to be given to the local authority in prescribed cases;
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)(a)(ii) 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 of Schedule 4 (public body’s plans certificates)—

a

for sub-paragraph (1) substitute—

1
In this Part a “public body’s plans certificate” means a certificate by a public body that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the public body has given a public body’s notice).
1A
The relevant conditions are that the public body—
a
is satisfied that—
i
a competent person has inspected full plans of the work, or
ii
a competent person has inspected plans of the work which the public body is satisfied, in the light of that inspection, are sufficient for the purposes of giving a public body’s plans certificate in relation to the work,
b
is satisfied in the light of that inspection that the plans are not defective,
c
is satisfied in the light of that inspection that work carried out in accordance with the plans would not contravene any provision of building regulations, and
d
has complied with any prescribed requirements as to consultation or otherwise.
1B
“Competent person” means a servant or agent of the public body who is competent to assess the plans.
1C
If the relevant conditions are met, the public body may give a public body’s plans certificate to the local authority.
1D
A public body’s plans certificate must be in the prescribed form.

b

after sub-paragraph (6) insert—

7
Building regulations may make further provision about public body’s plans certificates, including in particular provision—
a
requiring a public body’s plans certificate to be given to the local authority in prescribed cases;
b
about the consequences of failing to comply with such a requirement (for example, for a public body’s notice to cease to have effect in whole or in part);
c
requiring a public body’s plans certificate stating that the condition in sub-paragraph (1A)(a)(ii) is met to include prescribed information about the further plans that the public body considers need to be provided.

I88 I410 I598 I835 I83650Cancellation of initial notice

1

Section 52 of the Building Act 1984 (cancellation of initial notice) is amended in accordance with this section.

2

In subsection (1)—

a

omit the “or” after paragraph (b);

b

after paragraph (c), insert—

d
the registered building control approver is given a disciplinary order under section 58U (2)(b) (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 (2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention), or
f
it appears to the registered building control approver that a prescribed circumstance exists,

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) 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), after “subsection” insert “(1) or”.

5

After subsection (5) 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) 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
b
the person shown in the initial notice as the person intending to carry out the work.
5B
The conditions are—
a
the registered building control approver is given a disciplinary order under section 58U (2)(b) (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;
b
the registered building control approver is given a disciplinary order under section 58U (2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention);
c
the registered building control approver is given a disciplinary order under section 58U (2)(d) (cancellation of registration);
d
the registered building control approver has their registration cancelled under section 58Z6 (2) (serious contravention notices);
e
a prescribed circumstance exists.

6

After subsection (6) insert—

7
Before cancelling an initial notice under subsection (5A) based on a condition in subsection (5B)(a), (b) or (e), 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
b
have regard to any representations made to the local authority during that period.

I140 I517 I765 I838 I83751New initial notices

1

In section 53 of the Building Act 1984 (effect of initial notice ceasing to be in force), for subsection (7) substitute—

7
A new initial notice relating to any of the work to which the original initial notice related (the “original work”) may be given only if—
a
in the case of an initial notice that ceases to be in force by virtue of—
i
being cancelled under section 52(1)(d) or (e),
ii
being cancelled under section 52(5A) based on a condition in section 52(5B)(a) to (d), or
iii
such other provision as may be prescribed,
the conditions in subsection (8) are met, or
b
in any other case, the conditions in subsection (9) are met.
8
The conditions referred to in subsection (7)(a) are that the new initial notice—
a
is given before the end of the period of seven days beginning with the day on which the original initial notice ceased to be in force or such other period as may be prescribed,
b
relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority, and
c
is not a combined initial notice and plans certificate given in accordance with section 50(4).
9
The conditions referred to in subsection (7)(b) are that—
a
before the original initial notice ceases to be in force, the original registered building control approver has given a final certificate under section 51 in respect of any part of the work which they are satisfied has been completed, and
b
the new initial notice relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority.
10
Where—
a
a plans certificate has been given in respect of any of the original work,
b
the conditions in paragraphs (a) and (b) of subsection (2) are fulfilled with respect to that certificate, and
c
a new initial notice as referred to in subsection (7) is accepted,
section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.
11
Section 53B applies in relation to a new initial notice given in accordance with subsection (7)(a).
12
The appropriate national authority may issue guidance about the process for—
a
the giving of a new initial notice under subsection (7);
b
the giving of a transfer certificate and a transfer report under section 53B;
c
the consideration of a transfer certificate and a transfer report under section 53C.
13
The appropriate national authority may revise or withdraw any issued guidance.
14
The following must have regard to guidance issued under subsection (12)—
a
a local authority;
b
a registered building control approver;
c
a person carrying out or intending to carry out work to which a new initial notice given under subsection (7) relates.

2

After section 53A of the Building Act 1984 (inserted by section 36) insert—

53BNew initial notice: change of registered building control approver
1
This section applies where a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases).
2
Where the new initial notice is accepted by the local authority the registered building control approver must take all reasonable steps to determine whether the unfinished work contravenes any provision of building regulations (including where necessary by carrying out inspections and laying open any work).
3
If the registered building control approver determines that the unfinished work does not contravene any provision of building regulations, the approver must give a transfer certificate and a transfer report to the local authority before the end of the relevant period.
4
If the registered building control approver is unable to make the determination referred to in subsection (3), the approver must—
a
give the person carrying out or intending to carry out the work a notice setting out why they were unable to make the determination, and
b
give a copy of that notice to the local authority.
5
A transfer certificate must—
a
confirm that the registered building control approver has determined that the unfinished work up to the date of the certificate does not contravene any provision of building regulations, and
b
contain the prescribed information.
6
A transfer report must contain any plans, documents or other information related to the confirmation in subsection (5)(a).
7
In this section the “relevant period” means—
a
the period of 21 days beginning with the day on which the new initial notice is accepted or such other period as may be prescribed, or
b
such longer period as may be agreed by the local authority following a request from the registered building control approver.
8
A transfer certificate given by a registered building control approver—
a
does not impose any liability, whether civil or criminal, on the registered building control approver for any work carried out by the previous registered building control approver, and
b
does not affect any liability, whether civil or criminal, of the previous registered building control approver for work carried out by that approver.
9
In this section “unfinished work” means all of the work to which the original initial notice related, except for any work in respect of which a final certificate was accepted by the local authority.
53CConsideration of transfer certificate and report
1
This section applies where a registered building control approver gives a transfer certificate and a transfer report to a local authority in accordance with section 53B (3).
2
The local authority must, by notice, accept or reject the certificate and report before the end of the relevant period.
3
The local authority may reject the certificate and report only if—
a
any of the prescribed grounds exist, or
b
the registered building control approver fails to comply with a requirement in subsection (4) to give information to the local authority.
4
During the period of 21 days beginning with the day on which the transfer certificate and transfer report is given to the local authority or such other period as may be prescribed, the local authority may, by notice, require the registered building control approver to give to the local authority such information as may be specified in the notice.
5
The registered building control approver must give the information specified in the notice to the local authority before the end of the period of seven days beginning with the day on which the notice is given or such other period as may be prescribed.
6
In this section the “relevant period” means—
a
the period of 21 days beginning with the day on which the transfer certificate and transfer report is given to the local authority or such other period as may be prescribed, or
b
such longer period as is determined in accordance with subsection (7).
7
Where—
a
a local authority requires a registered building control approver to give information to the local authority under subsection (4), and
b
the day by which the information is required to be given would (but for this subsection) fall within the final seven days of the relevant period or would fall outside the relevant period,
the relevant period is to be extended to the end of the period of seven days beginning with the day after the day by which the information is required to be given.
8
Where a local authority requires a registered building control approver to give information to the local authority under subsection (4), the local authority must give a copy of the notice to the person shown in the initial notice as the person intending to carry out the work.
53DCancellation of initial notice: change of registered building control approver
1
This section applies where—
a
a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases), and
b
the notice is accepted by the local authority.
2
If, at a time when the initial notice is in force—
a
the registered building control approver does not give the local authority a transfer certificate and transfer report in accordance with section 53B (3), or
b
the local authority rejects the transfer certificate and transfer report in accordance with section 53C,
the local authority must cancel the initial notice by notice in the prescribed form given to the registered building control approver and the person shown in the initial notice as the person intending to carry out the work.
3
The person carrying out or intending to carry out the work to which the initial notice relates may, at a time—
a
when the initial notice is in force, and
b
before the local authority accepts or rejects the transfer certificate and report in accordance with section 53C,
cancel the initial notice by notice in the prescribed form given to the local authority and, if it is practicable to do so, to the registered building control approver.
4
A notice under subsection (2) or (3) has the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given.
5
Where an initial notice ceases to be in force by virtue of subsection (2) or (3), a new initial notice may not, except in prescribed circumstances, be given in relation to any of the work to which the cancelled notice related.
6
Where an initial notice ceases to be in force by virtue of subsection (2) or (3)—
a
for the purpose of enabling the local authority to perform the functions referred to in section 48(1) in relation to any part of the work, building regulations may require the local authority to be provided with plans that relate to that part of the work, and
b
section 53(5) applies in relation to the notice as it applies in relation to an initial notice that ceases to be in force as referred to in section 53(1).
7
This section is without prejudice to any other provisions of this Part relating to when an initial notice ceases to be in force.
53ERestriction on functions of registered building control approvers
1
This section applies where—
a
a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases), and
b
the notice is accepted by the local authority.
2
During the period in respect of which—
a
the notice is in force, but
b
a transfer certificate and a transfer report have not been accepted by the local authority,
the registered building control approver may not exercise the relevant functions.
3
In this section the “relevant functions” are the functions of a registered building control approver under, or under regulations made under—
a
section 50 (plans certificates);
b
section 51 (final certificates);
c
section 51A (amendment notices).

3

In section 47 of the Building Act 1984 (giving and acceptance of initial notice)—

a

in subsection (4)(b), after sub-paragraph (ia) (inserted by section 46) insert—

ib
it is cancelled by a notice under section 53D, or

b

after subsection (7) insert—

8
This section is subject to sections 53 and 53B (new initial notices).

4

In section 55 of the Building Act 1984 (appeals)—

a

in subsection (1)—

i

omit the “or” after paragraph (a);

ii

after paragraph (b) insert

or
c
a transfer certificate and a transfer report,

b

in subsection (2)(a), after “notice” insert “, report”;

c

in subsection (2)(b), after “notice” insert “, report”.

I562 I542 I323 I840 I83952Information gathering

1

In section 53 of the Building Act 1984 (effect of initial notice ceasing to be in force), after subsection (4) insert—

4A
For the purpose of enabling the local authority to perform the functions referred to in section 48(1), the local authority may by notice require the person shown in the initial notice as the registered building control approver to give the local authority—
a
any information the authority would have obtained if the authority had performed the function of enforcing building regulations in relation to the work to which the initial notice relates during the period in which the initial notice was in force, and
b
any other information the local authority may reasonably require.
4B
Where a person is required to give information under subsection (4A), the information must be given before the end of the prescribed period.
4C
The person shown in the initial notice as the registered building control approver (the “outgoing approver”) must, before the end of the prescribed period, give the person carrying out or intending to carry out the work to which the initial notice relates—
a
any information given to a local authority under subsection (4A),
b
any other information that the outgoing approver obtained or created in relation to the work during the period in which the initial notice was in force, and
c
any other information that the person carrying out or intending to carry out the work may by notice reasonably require for the purpose of enabling a person other than the outgoing approver to perform the functions referred to in section 48(1) in relation to the work.
4D
A notice under subsection (4C)(c)—
a
may only require information to be given in relation to work carried out during the period in which the initial notice was in force;
b
may require information to be provided in a specified format.

2

In section 57 of the Building Act 1984 (offences), in subsection (1)—

a

omit the “or” after paragraph (a);

b

after paragraph (a) insert—

aa
fails without reasonable excuse to comply with a requirement under section 53(4A) to give information, or

I443 I75453Information

1

After section 56 of the Building Act 1984 insert—

56AGiving information by electronic means: England
1
The regulator must establish and maintain a facility (the “facility”) to enable a specified person to give specified relevant information to another person by electronic communication.
2
The Secretary of State may by regulations require or authorise a specified person to use the facility when giving specified relevant information to another person.
3
Any information given to a person in accordance with regulations made under subsection (2) is to be treated for the purposes of section 56B (requirement to keep register) as also having been given to the regulator.
4
Regulations under this section may require a person who is given specified relevant information otherwise than through the facility to give that information to the regulator using the facility.
5
Regulations under this section may make provision treating specified relevant information that is given using the facility as having been given in the prescribed form for the purposes of this Part.
6
In this section—
“relevant information” means information that is required or authorised to be given by this Part or regulations made under it;
“specified” means specified in regulations made by the Secretary of State under this section.
7
In this section and section 56B—
“information” includes documents;
“documents” includes notices, certificates, orders, consents, demands and plans.
8
The Secretary of State may make regulations under this section only in relation to England.
56BRequirement to keep register: England
1
The regulator must keep a register of specified relevant information.
2
The information that may be specified for the purposes of subsection (1) includes in particular information given, or treated as having been given, to the regulator using the facility established under section 56A (1).
3
The regulator—
a
must maintain the register in electronic form;
b
must ensure that any specified parts of the register are available for inspection by members of the public;
c
must, in specified circumstances, provide to members of the public, on request, copies of information kept in the register.
4
In this section—
“relevant information” means information that is required or authorised to be given by this Part or regulations made under it;
“specified” means specified in regulations made by the Secretary of State under this section.
5
The Secretary of State may make regulations under this section only in relation to England.
56CDelegation of functions
1
The regulator may by written notice delegate to a person, to such extent and subject to such conditions as the regulator considers appropriate, the functions conferred on the regulator by—
a
section 56A (1);
b
section 56B (1) and (3) (including the ability to charge fees in connection with the exercise of those functions).
2
In subsection (1) “fees” means fees that are prescribed by, or determined by the regulator in accordance with, regulations under section 105B.
3
The regulator may delegate different functions to different persons under subsection (1).
4
The regulator may delegate functions under subsection (1) only with the consent of the Secretary of State.
5
The regulator may revoke a delegation of functions to a person by giving a written notice to the person.
6
The regulator may revoke a delegation under subsection (5) only with the consent of the Secretary of State.
7
Schedule 3 to the Building Safety Act 2022 (information sharing) applies as if references to the regulator included references to a person to whom the regulator has delegated functions under subsection (1)(b).

I842 I8412

In section 55 of the Building Act 1984 (appeals), after subsection (3) insert—

4
On an appeal under subsection (1), the local authority must give the specified information to the regulator.
5
In this section “specified” means specified in regulations made by the Secretary of State under this section.
6
The Secretary of State may make regulations under this section only in relation to England.

3

In section 56 of the Building Act 1984 (recording and furnishing of information)—

a

in subsection (1)—

i

after “authority” insert “in Wales”;

I842 I841ii

after “public body’s notices” insert “, transfer reports”;

I842 I841iii

after “such notices” insert “, reports”;

I842 I841b

in subsection (3), after “plans certificates, final certificates” insert “, transfer certificates”;

c

in subsection (4), after “section” insert “by a local authority in Wales”.

Miscellaneous and general

I383 I76754Functions under Part 3 of Building Act 1984

In the Building Act 1984 after section 90 insert—

90AFunctions under this Part: the regulator etc
1
The Secretary of State may by regulations provide that in specified cases, a specified function under this Part of local authorities in England is to be a function of the regulator instead of, or in addition to, the local authority in question.
2
The Secretary of State may by regulations provide that in specified cases, a relevant authority proposing to exercise a specified function under this Part must notify a specified relevant authority of specified matters.
3
The notification must be made in the specified way and by the specified time.
4
In this section—
“relevant authority” means the regulator or a local authority for an area in England;
“specified” means specified by regulations under this section.

I261 I231 I255 I274 I513 I739 I84355Minor and consequential amendments

Schedule 5 contains—

a

minor amendments of the Building Act 1984, and

b

amendments consequential on provision made by this Part.

I514 I602 I404 I18356Appeals

Schedule 6 makes provision about appeals under the Building Act 1984, including provision providing for—

a

certain appeals to be made to the regulator instead of the Secretary of State,

b

certain appeals relating to buildings in England to be made to the tribunal instead of a magistrates’ court, and

c

a right of appeal against a decision of a local authority not to consider certain applications or notices on the ground that they are in respect of higher-risk building work.

I269 I729 I1357Fees and charges

In the Building Act 1984 after section 105A (inserted by paragraph 29 of Schedule 6) insert—

Fees, charges and levies
105BFees and charges
1
The appropriate national authority may by regulations make provision authorising a relevant authority—
a
to charge fees, and
b
to recover charges,
for or in connection with the performance of any of its functions under, or under an instrument made under, this Act.
2
The regulations may—
a
prescribe a fee or charge, or
b
provide for the amount of any fee or charge to be determined by the relevant authority in accordance with the regulations;
and may make provision about the effect of failing to pay a fee or charge in accordance with the regulations.
3
The regulations may in particular—
a
provide that the amount of any charge is to be determined by the relevant authority in accordance with a scheme made and published by it, and
b
make provision about such schemes, including the principles to be embodied in such schemes.
4
In this section “relevant authority” means—
a
in relation to England, the regulator or a local authority for an area in England;
b
in relation to Wales, the Welsh Ministers or a local authority for an area in Wales.

I300 I84458Levy on applications for building control approval etc

In the Building Act 1984 after section 105B (inserted by section 57) insert—

105CLevy on certain applications for building control approval etc
1
The Secretary of State may by regulations make provision for and in connection with the imposition, in respect of relevant applications or notices or specified descriptions of relevant applications or notices, of a levy for the purpose of meeting any building safety expenditure.
2
The levy is payable to the Secretary of State or a person designated by the Secretary of State.
3
The regulations may in particular make provision about—
a
the amount of the levy;
b
the person by whom it must be paid;
c
when the levy must be paid;
d
the provision of information or documents to, or by, the Secretary of State or designated person;
e
the consequences of a failure to pay the levy in accordance with the regulations;
f
the determination of disputes (including provision conferring a right to appeal to the tribunal and provision about appeals).
4
The different provision that may be made by the regulations by virtue of section 120A(2)(b) includes in particular different provision in relation to—
a
persons who are eligible to be members of a building industry scheme and are not members of that scheme, and
b
other persons.
5
The regulations may contain exemptions, for specified descriptions of person.
6
The regulations may provide that, unless the building control authority is given a notification under subsection (7) in relation to a relevant application or notice (or a relevant application or notice of a specified description), the authority—
a
may not take a specified step in relation to the application or notice (for example, may not grant an application, accept a notice or give a specified certificate in relation to works connected with the application or notice), or
b
must take a specified step in relation to the application or notice (for example, must reject a notice).
7
A notification under this section is a notification given by the Secretary of State or designated person—
a
that the levy payable in respect of the application or notice has been paid, or
b
that no levy is payable in respect of the application or notice.
8
The regulations must provide for any amount received by a designated person by way of a levy to be paid to the Secretary of State, subject to retention of an amount, determined by or in accordance with the regulations, in respect of the costs of administering the levy.
9
A designation under this section must be published in such way as the Secretary of State considers appropriate.
10
In this section “relevant application or notice” means—
a
an application for building control approval,
b
an initial notice,
c
an amendment notice, or
d
a public body’s notice,
relating to a relevant building or proposed relevant building (including any such application or notice relating to work that causes a building to become a relevant building or causes a relevant building to cease to be such a building).
11
In this section—
“amendment notice, “initial notice” and “public body’s notice” have the same meaning as in Part 2 (see section 58);
“building industry scheme” means a scheme established under section 126 of the Building Safety Act 2022;
“building safety expenditure” means expenditure incurred by the Secretary of State (whether before or after the passing of this Act) in providing financial assistance to persons (whether by way of grant, loan or otherwise) for the purposes of enabling them to improve the safety of persons in or about buildings in England;
“relevant building” means a building in England consisting of or containing—
a
one or more dwellings, or
b
other accommodation,
(and “accommodation” here includes temporary accommodation, for example in a hotel or hospital);
“specified” means specified in the regulations.

I56659Crown application

In Part 5 of the Building Act 1984 before section 132 insert—

131ACrown application
1
The following provisions bind the Crown—
a
Part 1 except sections 35B to 37, 39A and 40;
b
Part 2;
c
Part 2A except sections 58I to 58K, 58U, 58V and 58Z4 to 58Z6;
d
Part 4 so far as it relates to a provision within any of the preceding paragraphs.
2
No contravention by the Crown of a provision within subsection (1)(a) to (d) makes the Crown criminally liable.
3
Subsection (2) does not affect the criminal liability of persons in the service of the Crown.
4
Subsection (5) applies where—
a
a contravention of a provision within subsection (1)(a) or (b), or of Part 4 so far as it relates to such a provision, occurs in relation to a building or proposed building for which a local authority is the building control authority, or
b
a contravention of a provision within subsection (1)(c), or of Part 4 so far as it relates to such a provision, occurs in relation to Wales,
and the Crown would, but for subsection (2), be criminally liable under this Act in respect of the contravention.
5
The High Court may, on the application of—
a
the local authority (in a case within subsection (4)(a)), or
b
the Welsh Ministers (in a case within subsection (4)(b)),
declare unlawful the act or omission constituting the contravention.
6
In this section a reference to a provision includes any instrument made under it.
7
For the application to the Crown of Part 3, and Part 4 so far as it relates to that Part, see section 87.

I74660Application to Parliament

1

The Building Act 1984 is amended as follows.

2

In section 95 (power to enter premises) after subsection (4) insert—

5
This section does not apply in relation to the Parliamentary Estate (as defined by section 131B).

3

After section 131A (inserted by section 59) insert—

131BParts 1 and 2 etc: application to Parliament
1
In their application in relation to the Parliamentary Estate, Parts 1 and 2, and Part 4 so far as it relates to those Parts, have effect with the following modifications—
a
sections 35B to 37, 39A and 40 (enforcement etc) do not apply;
b
any reference to the owner or occupier of a building or of any premises is be read as a reference to—
i
the Corporate Officer of the House of Lords,
ii
the Corporate Officer of the House of Commons, or (as the case may be)
iii
the Corporate Officers acting jointly.
2
In the following provisions—
“Corporate Officer” means—
a
the Corporate Officer of the House of Lords,
b
the Corporate Officer of the House of Commons, or
c
the Corporate Officers acting jointly;
“relevant provision” means—
a
any provision of, or of an instrument made under, Part 1 or 2, or
b
any provision of Part 4 or of an instrument made under Part 4, so far as the provision relates to Part 1 or 2.
3
No contravention by a Corporate Officer of a relevant provision makes the Corporate Officer criminally liable.
4
Subsection (3) does not affect the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).
5
Where a contravention of a relevant provision occurs which, but for subsection (3), would result in a Corporate Officer being criminally liable, the High Court may, on the application of the local authority, declare unlawful the act or omission constituting the contravention.
6
In this section “the Parliamentary Estate” means any building or other premises occupied for the purposes of either House of Parliament.

Part 4Higher-risk buildings

Introduction

I51161Overview of Part

1

This Part contains provisions about the management of building safety risks as regards occupied higher-risk buildings.

2

In this Part—

a

sections 62 to 64 define “building safety risk” and make related provision;

b

sections 65 to 70 define “higher-risk building”, make related provision, and confer power to modify this Part as it applies in relation to any description of higher-risk building;

c

sections 71 to 75 contain other key definitions, including—

i

when a building is “occupied”;

ii

the definition of “accountable person” and “principal accountable person”;

and provide that the First-tier Tribunal may determine who is an accountable person or the principal accountable person for a higher-risk building;

d

sections 76 to 82 make provision about the registration of higher-risk buildings and about building assessment certificates;

e

sections 83 to 86 make provision about the assessment and management of building safety risks, including provision requiring a safety case report to be prepared and revised;

f

sections 87 to 90 contain provisions about the keeping and giving of information and documents to the regulator, other accountable persons, residents and others;

g

sections 91 to 94 contain provisions about engagement with residents etc, including—

i

provision requiring a residents’ engagement strategy to be prepared and revised;

ii

provision requiring complaints systems to be established and operated;

h

sections 95 to 97 impose duties on residents and make provision for the enforcement of those duties;

i

section 98 to 101 contain provisions about the enforcement of this Part;

j

section 102 and Schedule 7 provide for the appointment of a special measures manager, to undertake duties under this Part in place of an accountable person, and make further provision in connection with that appointment;

k

sections 103 to 107 contain provisions about appeals;

l

sections 108 to 111 contain miscellaneous provisions, including provision about cooperation and coordination;

b

the Secretary of State has under section 64 asked the regulator for its advice in relation to a proposal to make the regulations.

Before making regulations under section 65, the Secretary of State must consult—

a

the regulator, and

b

such other persons as the Secretary of State considers appropriate.

2

But the regulator need not be consulted if—

a

the regulations give effect to a recommendation made by the regulator under section 63(4) or 69, or

b

the Secretary of State has under section 70 asked the regulator for advice about the description of building in question.

I56867Regulations under section 65: additional procedure in certain cases

1

This section applies if the Secretary of State proposes to make regulations under section 65 that would result in a description of building (including anything within subsection (4) of that section) becoming a higher-risk building for the purposes of this Part.

2

such other persons as the Secretary of State considers appropriate.

3

But the regulator need not be consulted if the regulations give effect to a recommendation under section 63(4), 69 or 70.

If the regulator considers that this Part should not apply in relation to a particular description of higher-risk building, it must recommend to the Secretary of State that buildings of that description should cease to be higher-risk buildings for the purposes of this Part.

6

For the meaning of “major incident” see section 63.

I6070Advice about definition of “higher-risk building” etc

1

Subsections (2) to (6) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of this Part.

2

The regulator must consider whether the following conditions are met—

a

the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description;

b

the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident;

c

the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Part.

3

The regulator must—

a

if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Part;

b

otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes.

4

Where the regulator—

a

makes a recommendation under subsection (3)(a), and

b

considers that regulations under section 68 should be made modifying this Part as it applies in relation to buildings of the specified description,

For the purposes of this section—

“common parts”, in relation to a building, means—
1. a
  the structure and exterior of the building, except so far as included in a demise of a single dwelling or of premises to be occupied for the purposes of a business, or
2. b
  any part of the building provided for the use, benefit and enjoyment of the residents of more than one residential unit (whether alone or with other persons);
“commonhold association” and “commonhold land” have the same meaning as in Part 1 of the Commonhold and Leasehold Reform Act 2002 (see sections 34 and 1 respectively);
“long lease”: for the meaning of “long lease” see section 115;
“possession”: a reference to “possession” does not include the receipt of rents and profits or the right to receive the same;
“relevant repairing obligation”: a person is under a relevant repairing obligation in relation to anything if the person is required, under a lease or by virtue of an enactment, to repair or maintain that thing;
“RTM company” has the same meaning as in Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage).

7

The Secretary of State may by regulations amend this section (other than this subsection).

I145 I17673Meaning of “principal accountable person”

1

In this Part the “principal accountable person” for a higher-risk building is—

a

in relation to a building with one accountable person, that person;

b

in relation to a building with more than one accountable person, the accountable person who—

i

holds a legal estate in possession in the relevant parts of the structure and exterior of the building, or

ii

is within section 72(1)(b) because of a relevant repairing obligation (within the meaning of that section) in relation to the relevant parts of the structure and exterior of the building.

2

For the purposes of this section—

a

the reference to “the relevant parts of the structure and exterior” of a building is to its structure and exterior except so far as included in a demise of a single dwelling or of premises to be occupied for the purposes of a business;

b

the reference to “possession” does not include the receipt of rents and profits or the right to receive the same.

3

Subsection (1)(b) is subject to section 75(2) (powers of tribunal where more than one accountable person is within subsection (1)(b)).

I320 I2074Part of building for which an accountable person is responsible

In this Part, any reference to the part of a higher-risk building for which an accountable person is responsible is to such part of the building (including all of it) as is determined by or in accordance with regulations.

I144 I7475Determinations by the tribunal

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

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

4

In this section “registered” means registered under section 78.

the way in which an application may be withdrawn.

I477 I78079Occupied building: duty to apply for building assessment certificate

1

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

2

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

3

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

4

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

a

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

b

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

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

5

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

I104 I78180Applications for building assessment certificates

1

An application under section 79 must be accompanied by—

a

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

b

the form and content of a certificate or notice;

c

the way in which a certificate or notice is to be given.

I507 I78382Duty to display building assessment certificate etc

1

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

a

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

b

the most recent building assessment certificate relating to the building;

c

any relevant compliance notice (see subsection (5)).

2

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

a

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

b

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

3

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

4

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

a

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

b

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

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

5

In this section—

“building assessment certificate” has the same meaning as in section 81;
“relevant compliance notice”: a compliance notice is “relevant” if—
1. a
  it has been given to an accountable person for the building,
2. b
  if it was not given to the principal accountable person for the building, the regulator has given a copy of it to the principal accountable person, and
3. c
  the regulator has not notified the principal accountable person that the notice has been withdrawn.

Duties relating to building safety risks

I503 I78483Assessment of building safety risks

1

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

2

Further such assessments must be made—

a

at regular intervals,

b

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

c

at the direction of the regulator, within a period specified in the direction.

3

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

4

In this section “the relevant time” means—

a

the time when the building becomes occupied, or

b

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

I108 I78584Management of building safety risks

1

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

a

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

b

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

2

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

3

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

4

The steps must be taken promptly.

5

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

the time when the building becomes occupied, or

b

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

I162 I78786Notification and provision of report to the regulator

1

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

2

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

3

The Secretary of State may by regulations make provision about—

a

the content and form of notifications under this section;

b

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

4

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

Duties relating to information and documents

I192 I78887Mandatory reporting requirements

1

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

2

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

3

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

4

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

5

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

6

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

7

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

a

in proceedings for an offence under section 24 or this section,

b

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

c

if in the proceedings—

i

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

ii

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

I615 I78988Keeping information about higher-risk buildings

1

An accountable person for a higher-risk building must—

a

keep prescribed information in accordance with prescribed standards, and

b

so far as possible keep such information up to date.

2

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

3

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

4

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

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

5

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

6

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

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

6

7

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

a

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

b

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

make provision about consultations under this section.

7

In this section—

“relevant persons” are—
1. a
  residents of the higher-risk building who are aged 16 or over, and
2. b
  owners of residential units in the building;
“the relevant time” has the meaning given by section 85.

I458 I79292Requests for further information

1

This section applies where—

a

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

b

an owner of a residential unit in the building,

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

C72

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

3

The Secretary of State may by regulations make provision about—

a

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

b

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

4

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

5

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

a

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

b

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

6 I711 I79393Complaints procedure operated by principal accountable person

1

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

2

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

3

The regulations may in particular make provision—

a

about the way in which complaints may be made;

b

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

c

requiring the principal accountable person to refer a complaint to the regulator.

4

In this section—

“relevant complaint” means a complaint relating to—
1. a
  a building safety risk as regards the building, or
2. b
  the performance by an accountable person for the building of any duty under, or under regulations made under, this Part;
“the relevant time” has the meaning given by section 85.

I109 I79494Complaints procedure operated by the regulator

prohibit a relevant person from doing a specified thing;

c

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

“Specified” here means specified in the order.

9

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

10

In this section—

“appropriate accountable person” has the same meaning as in section 95;
“relevant person” means a person who is subject to the duties under section 95 (see subsection (1) of that section).

In this section—

“relevant person” in relation to relevant premises means—
1. a
  a resident of those premises who is aged 16 or over;
2. b
  where those premises are controlled but not occupied, a person controlling those premises;
3. c
  in any other case, an owner of those premises;
“relevant premises” means any premises in the part of the building for which the accountable person is responsible that are occupied or controlled by—
1. a
  a resident of a residential unit in the building, or
2. b
  an owner of a residential unit in the building.

Enforcement

I194 I79898Duty on regulator to enforce Part

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

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

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

7

In this section—

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

I448 I393100Compliance notices: supplementary

1

The Secretary of State may by regulations make further provision about compliance notices.

2

The regulations may in particular make provision about—

a

the form and content of notices;

b

the giving of notices;

c

the amendment or withdrawal of notices;

d

the extension of any period specified in a compliance notice for the doing of a thing.

3

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

4

The regulator must take reasonable steps to notify—

a

the local authority for the area in which the building is situated;

b

the fire and rescue authority for the area in which the building is situated;

c

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

d

any other prescribed person.

I414 I799101Offence: contravention giving rise to risk of death and serious injury

1

An accountable person for a higher-risk building commits an offence if—

a

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

b

the contravention places one or more people in or about the building at critical risk.

2

In subsection (1)—

“critical risk” means a significant risk of death or serious injury arising from a building safety risk;
“relevant requirement” means any requirement on an accountable person under, or under regulations made under, this Part except one that is prescribed for the purposes of this section.

3

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

a

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

b

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

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

Special measures

6

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

7

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

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

b

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

c

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

I764 I553105Appeals against decisions of the regulator made under regulations

1

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

2

A prescribed person may appeal to the tribunal against the decision.

3

An appeal may be made only on prescribed grounds.

I396 I83106Appeals: supplementary

1

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

2

The tribunal—

a

must consider afresh the decision appealed against, and

b

may take into account evidence that was not available to the regulator.

3

The tribunal may confirm, vary or quash the decision of the regulator.

4

The Secretary of State may, by regulations—

a

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

b

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

5

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

I521 I229107Enforcement of decisions of the First-tier and Upper Tribunal

1

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

2

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

Miscellaneous and general

I482 I490108Guidance

1

The regulator may issue guidance about any of the following matters—

a

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

b

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

c

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

d

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

2

The regulator may revise or withdraw any issued guidance.

3

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

a

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

b

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

4

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

5

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

6

In this section any reference to a provision includes regulations made under the provision.

I732 I394109Cooperation and coordination

1

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

2

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

a

cooperate with every other accountable person for the building, and

b

coordinate with every other accountable person for the building.

3

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

4

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

I579 I594110Managers appointed under Part 2 of the Landlord and Tenant Act 1987

1

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

2

After subsection (2ZA) insert—

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

3

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

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

I738 I801111Building safety directors of resident management companies

1

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

2

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

a

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

b

the appointment of a director for such a purpose;

c

the entitlement to remuneration of a director appointed for such a purpose;

d

the removal of a director so appointed.

3

Subsection (2) has effect—

a

whether or not the provision is adopted by the company;

b

whether the company was formed before or after the coming into force of this section;

c

notwithstanding anything in the company’s articles of association.

4

In this section—

“building safety purpose” means the purpose of supporting the resident management company in complying with its duties under this Part or under regulations made under this Part;
“resident management company” has the meaning given by regulations made by the Secretary of State.

Landlord and tenant etc

I380112Implied terms in leases and recovery of safety related costs

I341

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

I7472

After section 30B insert—

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

I523

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

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

I654

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

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

I655

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

a

after the definition of “landlord” insert—

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

b

in the heading for ““flat”, “landlord” and “tenant”” substitute ““landlord”, “tenant” etc”.

I2386

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

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

7

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

a

for “30B” substitute “30I”;

b

after “agents” insert “and building safety”.

I480113Provision of building safety information

1

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

2

After section 47 insert—

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

3

After section 49 insert—

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

4

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

5

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

I331 I156114Commonholds

1

The Commonhold and Leasehold Reform Act 2002 is amended as follows.

2

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

faa
section 38A (1),

3

In section 14 (use and maintenance)—

a

in the heading, for “and maintenance” substitute “, maintenance and building safety”;

b

after subsection (3) insert—

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

4

In section 26 (use and maintenance)—

a

in the heading, for “and maintenance” substitute “, maintenance and building safety”;

b

the existing subsection becomes subsection (1);

c

after that subsection insert—

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

5

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

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

6

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

7

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

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

8

After section 38 insert—

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

9

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

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

Interpretation

I368115Interpretation of Part 4

In this Part—

“accountable person” has the meaning given by section 72;
“building safety risk” has the meaning given by section 62;
“compliance notice” has the same meaning as in section 99;
“contravention” includes a failure to comply;
“the data protection legislation” has the meaning given by section 30;
“fire and rescue authority” has the meaning given by section 30;
“higher-risk building” has the meaning given by section 65;
“local authority” has the meaning given by section 30;
“long lease” means—
1. a
  a lease granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture, or
2. b
  a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease;
“major incident” has the meaning given by section 63;
“maximum summary term for either-way offences” has the meaning given by section 30;
“occupied”: any reference to an “occupied” higher-risk building is to be read in accordance with section 71;
“owner” means the person—
1. a
  for the time being receiving the rackrent of the premises in question, whether on the person’s own account or as agent or trustee for another person, or
2. b
  who would so receive it if those premises were let at a rackrent;
and for this purpose “rackrent” has the meaning given by section 126 of the Building Act 1984;
“prescribed” means prescribed by regulations made by the Secretary of State;
“principal accountable person” has the meaning given by section 73;
“registered provider of social housing” has the meaning given by section 80 of the Housing and Regeneration Act 2008;
“the regulator” has the meaning given by section 2;
“resident” and “resident of a higher-risk building” have the meaning given by section 71;
“residential unit” means—
1. a
  a dwelling, or
2. b
  any other unit of living accommodation;
“responsible”: any reference to the part of a higher-risk building for which an accountable person is responsible is to be read in accordance with section 74;
“special measures manager” has the meaning given by paragraph 1 of Schedule 7;
“special measures order” has the meaning given by paragraph 1 of Schedule 7;
“the tribunal” means the First-tier Tribunal.

Part 5Other provision about safety, standards etc

Remediation of certain defects

I471116Remediation of certain defects

1

Sections 117 to 125 and Schedule 8 make provision in connection with the remediation of relevant defects in relevant buildings.

2

In those sections—

a

d

which is on commonhold land.

4

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

5

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

a

the part constitutes a vertical division of the building,

b

the structure of the building is such that the part could be redeveloped independently of the remainder of the building, and

c

the relevant services provided for occupiers of that part—

i

are provided independently of the relevant services provided for occupiers of the remainder of the building, or

ii

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

6

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

I734118Section 117: height of buildings and number of storeys

1

This section applies for the purpose of section 117.

2

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

3

When determining the number of storeys in a building—

a

any storey below ground level is to be disregarded;

b

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

4

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

a

the level of the surface of the ground immediately adjacent to the building, or

b

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

5

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

I520119Meaning of “qualifying lease” and “the qualifying time”

1

This section applies for the purposes of sections 122 to 125 and Schedule 8.

2

A lease is a “qualifying lease” if—

a

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

b

the tenant under the lease is liable to pay a service charge,

c

the lease was granted before 14 February 2022, and

d

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

i

the dwelling was a relevant tenant’s only or principal home,

ii

a relevant tenant did not own any other dwelling in the United Kingdom, or

iii

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

3

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

F23A

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

4

For the purposes of this section—

a

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

b

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

c

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

d

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

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

ii

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

iii

b

provision which has retrospective effect.

12

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

13

In this section—

“already let property”, in relation to a new lease, means the property let by the lease or leases which the new lease replaces;
“chain of qualifying leases” means—
1. a
  an initial qualifying lease which is the preceding qualifying lease in relation to a connected replacement lease (the “first replacement lease”),
2. b
  the first replacement lease, and
3. c
  any other connected replacement lease if the preceding qualifying lease in relation to it is—
  1. i
    the first replacement lease, or
  2. ii
    any other connected replacement lease which is in the chain of qualifying leases;
and a chain of qualifying leases may accordingly consist of different leases at different times (if further connected replacement leases are granted);
“current connected replacement lease”, in relation to a particular time, means a connected replacement lease during the term of which that time falls;
“initial qualifying lease” means a lease which is a qualifying lease under section 119(2);
“new lease” has the meaning given in subsection (1);
“newly let property” means the property let by the new lease;
“preceding qualifying lease”, in relation to the new lease, means—
1. a
  in a case within subsection (1)(d)(i), the lease which the new lease replaces;
2. b
  in a case within subsection (1)(d)(ii), a lease which—
  1. i
    the new lease replaces, and
  2. ii
    is a qualifying lease.

14

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

I163120Meaning of “relevant defect”

1

This section applies for the purposes of sections 122 to 125 and Schedule 8.

2

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

a

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

b

causes a building safety risk.

3

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

a

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

b

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

c

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

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

4

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

5

For the purposes of this section—

“building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from—
1. a
  the spread of fire, or
2. b
  the collapse of the building or any part of it;
“conversion” means the conversion of the building for use (wholly or partly) for residential purposes;
“relevant landlord or management company” means a landlord under a lease of the building or any part of it or any person who is party to such a lease otherwise than as landlord or tenant.

I536 C5121Associated persons

1

For the purposes of sections 122 to 125 and Schedule 8, a partnership or body corporate is associated with another person in the circumstances mentioned in subsections (2) to (5).

2

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

3

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

4

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

5

A body corporate is associated with another body corporate if—

a

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

b

5

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

a

the regulator (as defined by section 2),

b

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

c

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

d

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

e

any other person prescribed by the regulations.

6

In this section “specified” means specified in the order.

7

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

I702 C2124Remediation contribution orders

1

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

2

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

3

A body corporate or partnership may be specified only if it is—

a

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

b

a person who was such a landlord at the qualifying time,

c

a developer in relation to the relevant building, or

d

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

4

An order may—

a

require the making of payments of a specified amount, or payments of a reasonable amount in respect of the remediation of specified relevant defects (or in respect of specified things done or to be done for the purpose of remedying relevant defects);

b

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

5

In this section—

“associated”: see section 121;
“developer”, in relation to a relevant building, means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;
“interested person”, in relation to a relevant building, means—
1. a
  the Secretary of State,
2. b
  the regulator (as defined by section 2),
3. c
  a local authority (as defined by section 30) for the area in which the relevant building is situated,
4. d
  a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated,
5. e
  a person with a legal or equitable interest in the relevant building or any part of it, or
6. f
  any other person prescribed by regulations made by the Secretary of State;
“partnership” has the meaning given by section 121;
“relevant building”: see section 117;
“relevant defect”: see section 120;
“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), be a relevant building.

I758125Meeting remediation costs of insolvent landlord

1

This section applies if, in the course of the winding up of a company which is a landlord under a lease of a relevant building or any part of it, it appears—

a

that there are relevant defects relating to the building, and

b

that the company is under an obligation (howsoever imposed) to remedy any of the relevant defects or is liable to make a payment relating to any costs incurred or to be incurred in remedying any of the relevant defects.

2

The court may, on the application of a person acting as an insolvency practitioner in relation to the company, by order require a body corporate or partnership associated with the company—

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)(b).

Section 124(4) 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.

4

In this section—

“act as an insolvency practitioner” has the meaning given by section 388 of the Insolvency Act 1986;
“associated”: see section 121;
“the court” means a court having jurisdiction to wind up the company;
“partnership” has the meaning given by section 121;
“relevant building”: see section 117;
“relevant defect”: see section 120;
“specified” means specified in the order.

Building industry schemes

I243 I648126Building industry schemes

1

The Secretary of State may by regulations—

a

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

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

c

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

d

the provision of information to the Secretary of State or any other person;

e

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

f

whether persons with whom an eligible person contracts are members of a scheme.

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

5

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

a

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

b

their conduct in relation to remedying defects in buildings or contributing to costs associated with remedying defects in buildings.

6

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

7

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

8

Regulations may make provision about the keeping and publication of other lists.

Regulations may make provision about the determination of disputes.

6

Regulations may make provision about the termination of a scheme.

7

In section 126 and this section—

“building” means a building in England;
“building industry”: a reference to persons in the building industry is to persons carrying on, for business purposes, activities connected with the design, construction, management or maintenance of buildings, including persons carrying out activities in relation to construction products in England;
“construction product” has the meaning given by regulations;
“persons carrying out activities in relation to construction products” include (without limitation)—
1. a
  a manufacturer of construction products,
2. b
  a person who markets or supplies construction products to others, and
3. c
  a person who imports construction products into the United Kingdom for use, marketing or supply;
“prescribed” means prescribed by the regulations;
“regulations” means regulations under section 126;
“scheme” means a scheme established under section 126;
“standard” (except in subsection (4) of this section) is to be read in accordance with section 30.

e

“prescribed” means prescribed by regulations under this section;

f

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

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

6

The regulations may contain exceptions.

7

The regulations may provide that anything done in contravention of the regulations is of no effect.

8

Any reference in this section to a building or proposed building is to a building or proposed building in England.

9

In this section—

“building” and “building control approval”, and references to the deposit and passing of plans, are to be read in accordance with Part 1 of the Building Act 1984;
“initial notice”, “final certificate”, “public body’s notice”, “public body’s plans certificate” and “public body’s final certificate” have the same meaning as in Part 2 of that Act;
“prescribed” means prescribed by regulations under this section;
“standard” is to be read in accordance with section 30.

Building liability orders

I632 I506130Building liability orders

1

a third body corporate controls both of them.

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

2

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

a

at least half of the issued share capital of Y,

b

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

c

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

d

3

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

a

holds a majority of the voting rights in Y,

b

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

c

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

4

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

5

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

6

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

a

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

b

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

7

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

I112 I211 I447132Order for information in connection with building liability order

1

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

2

An “information order” is an order requiring a specified body corporate to give, by a specified time, specified information or documents relating to persons who are, or have at any time in a specified period been, associated with the body corporate.

3

An information order may be made only if it appears to the court—

a

that the body corporate is subject to a relevant liability (within the meaning of section 130), and

b

that it is appropriate to require the information or documents to be provided for the purpose of enabling the applicant (or the applicant and others) to make, or consider whether to make, an application for a building liability order.

4

In this section—

“associate”: section 131 applies for the purposes of this section as it applies for the purposes of section 130;
“building liability order”: see section 130;
“prescribed” means prescribed by regulations made by the Secretary of State;
“specified” means specified in the information order.

Remediation and redress: other provisions

I599 I102133Service charges in respect of remediation works

1

The Landlord and Tenant Act 1985 is amended as follows.

2

In section 20(1)(b) (limitation of service charges: consultation requirements) at the beginning insert “except in the case of works to which section 20D applies,”.

3

In section 20ZA (consultation requirements: supplementary) after subsection (5) insert—

5A
And in the case of works to which section 20D applies, regulations under subsection (4) may also include provision requiring the landlord—
a
to give details of the steps taken or to be taken under section 20D (2),
b
to give reasons about prescribed matters, and any other prescribed information, relating to the taking of such steps, and
c
to have regard to observations made by tenants or the recognised tenants’ association in relation to the taking of such steps.

4

After section 20C insert—

20DLimitation of service charges: remediation works
1
This section applies to works of a prescribed description (“remediation works”) on a building in England of a prescribed description.
2
The landlord must—
a
take reasonable steps to ascertain whether any grant is payable in respect of the remediation works and, if so, to obtain the grant;
b
take reasonable steps to ascertain whether monies may be obtained from a third party in connection with the undertaking of the remediation works and, if so, to obtain monies from the third party;
c
take prescribed steps relating to any other prescribed kind of funding.
3
In subsection (2)(b) the reference to obtaining monies from a third party includes obtaining monies—
a
under a policy of insurance;
b
under a guarantee or indemnity;
c
pursuant to a claim made against—
i
a developer;
ii
a person involved in the design of the building or of works to the building; or
iii
a person involved in carrying out works in relation to the building.
4
Where any funding of a kind mentioned in subsection (2) is obtained, the amount of the funding is to be deducted from the remediation costs (and the amount of any service charge is to be reduced accordingly).
5
In the case of a failure to comply with subsection (2), a tenant may make an application for an order that all or any of remediation costs are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by—
a
the tenant, or
b
anyone else specified in the application.
6
An application is to be made to the prescribed court or tribunal.
7
The court or tribunal to which the application is made may make such order on the application as it considers just and equitable in the circumstances.
8
Nothing in this section requires the landlord to do anything mentioned in subsection (2) before carrying out remediation works.
9
The Secretary of State may issue guidance about the taking of steps under subsection (2), and may revise or withdraw any issued guidance.
10
Where on an application under this section it is alleged that a person failed to comply with subsection (2)—
a
proof of a failure to comply with any applicable guidance may be relied on as tending to establish that there was such a failure, and
b
proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such failure.
11
In this section—
“developer”, in relation to a building, means a person who undertakes or commissions the construction or conversion of the building with a view to granting or disposing of interests in the building (or parts of it);
“prescribed” means prescribed by regulations made by the Secretary of State;
“remediation costs” means costs incurred or to be incurred in carrying out the remediation works;
“third party” means a person other than a tenant.
20ERegulations under section 20D
1
In this section “regulations” means regulations under section 20D.
2
Regulations are to be made by statutory instrument.
3
A power to make regulations includes power to make—
a
incidental, transitional or saving provision;
b
different provision for different purposes.
4
A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

I772134Duties relating to work to dwellings etc

1

In the Defective Premises Act 1972 after section 2 insert—

2ADuties relating to work to dwellings etc
1
This section applies where a person, in the course of a business, takes on work in relation to any part of a relevant building.
2
In this section “relevant building” means a building consisting of or containing one or more dwellings.
3
The person owes a duty to—
a
the person for whom the work is done, and
b
each person who holds or acquires an interest (whether legal or equitable) in a dwelling in the building,
to see that the work is done in a workmanlike or (as the case may be) professional manner, with proper materials and so that as regards the work the dwelling is fit for habitation when the work is completed.
4
The duty under this section does not apply in relation to a dwelling if—
a
the work taken on is work for or in connection with the provision of the dwelling (as to which see section 1), or
b
it is expected that, on completion of the work, it will have ceased to be a dwelling or will otherwise have ceased to exist.
5
A person (A) who takes on any work to which this section applies for another (B) on terms that A is to do it in accordance with instructions given by or on behalf of B is, to the extent to which A does it properly in accordance with those instructions, to be treated for the purposes of this section as discharging the duty imposed on A by this section except where A owes a duty to B to warn B of any defects in the instructions and fails to discharge that duty.
6
A person is not treated for the purposes of subsection (5) as having given instructions for the doing of work merely because the person has agreed to the work being done in a specified manner, with specified materials or to a specified design.
7
A person who, in the course of a business which consists of or includes carrying out or arranging for the carrying out of work of a kind mentioned in subsection (1), arranges for another to take on work of that kind is treated for the purposes of this section as included among the persons who have taken on the work.
8
For the purposes of the Limitation Act 1980, a cause of action in respect of a breach of a duty imposed by this section is treated as accruing at the time the work is completed; but if after that time a person does further work to rectify the work the person has already done, any such cause of action in respect of that further work is treated as accruing at the time when the further work is finished.

2

The amendment made by this section applies in relation to work completed after the coming into force of this section.

I595135Limitation periods

1

After section 4A of the Limitation Act 1980 insert—

4BSpecial time limit for certain actions in respect of damage or defects in relation to buildings
1
Where by virtue of a relevant provision a person becomes entitled to bring an action against any other person, no action may be brought after the expiration of 15 years from the date on which the right of action accrued.
2
An action referred to in subsection (1) is one to which—
a
sections 1, 28, 32, 35, 37 and 38 apply;
b
the other provisions of this Act do not apply.
3
In this section “relevant provision” means—
a
section 1 or 2A of the Defective Premises Act 1972;
b
section 38 of the Building Act 1984.
4
Where by virtue of section 1 of the Defective Premises Act 1972 a person became entitled, before the commencement date, to bring an action against any other person, this section applies in relation to the action as if the reference in subsection (1) to 15 years were a reference to 30 years.
5
In subsection (4) “the commencement date” means the day on which section 135 of the Building Safety Act 2022 came into force.

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) 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—

a

by virtue of section 1 of the Defective Premises Act 1972 a person became entitled, before the day on which this section came into force, to bring an action against any other person, and

b

the period of 30 years from the date on which the right of action accrued expires in the initial period,

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), 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).

7

In this section—

“Convention rights” has the same meaning as in the Human Rights Act 1998;
“the initial period” means the period of one year beginning with the day on which this section comes into force.

I428137The new homes ombudsman scheme

1

The conditions referred to in section 136(1) 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.

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.

3

The individual who is to investigate and determine complaints under the scheme is to be known as “the new homes ombudsman”.

4

The scheme may also include provision for persons other than qualifying complainants to have complaints against members of the scheme investigated and determined under the scheme.

5

The scheme may provide that the new homes ombudsman is not required to investigate a complaint if the new homes ombudsman is satisfied that the complaint (or a complaint which is materially the same) is being, or has been, dealt with under another redress scheme or in legal proceedings.

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 contains further provision about the new homes ombudsman scheme.

8

Schedule 10 contains amendments connected with the establishment of the new homes ombudsman scheme.

A “developer” is a person—

a

who undertakes or commissions—

i

the construction of a new building that is to consist of or contain a home,

ii

the conversion of, or carrying out of any other works to, an existing building so that it consists of or contains a home, or

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), 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)(b) may, among other things, specify a description of persons by reference to a connection with a person mentioned in subsection (7)(a).

9

In subsection (7)(b), “the relevant national authority” means—

a

in relation to homes in England, the Secretary of State,

b

in relation to homes in Wales, the Welsh Ministers,

c

in relation to homes in Scotland, the Scottish Ministers, and

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)(b), 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), “the relevant national authority” in relation to homes in Northern Ireland is the Executive Office in Northern Ireland.

12

“Home” means a private residence.

13

“Occupies” means occupies as a private residence (and “occupation” is to be construed accordingly).

I173139Regulations under section 138

1

The power to make regulations under section 138(7)(b) 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)).

(For regulations under section 138(7)(b) made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

2

Regulations under section 138(7)(b)—

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)—

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;

b

if made by the Welsh Ministers, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;

c

if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));

d

if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

I499140Power to require persons to join scheme and to provide information

1

The Secretary of State may by regulations—

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) 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), (b) or (c);

e

I554141Register of members

1

The person who maintains the new homes ombudsman scheme must keep a register of persons who are members of the scheme.

2

The register must be made available for inspection by members of the public at all reasonable times.

I488142Developers’ code of practice

1

The Secretary of State may issue or approve a code of practice about the standards of conduct and standards of quality of work expected of members of the new homes ombudsman scheme.

2

The Secretary of State may from time to time revise or replace the code or approve its revision or replacement.

3

The Secretary of State must ensure that the current version of the code is published.

4

The Secretary of State must consult the Welsh Ministers, the Scottish Ministers and the relevant Northern Ireland department before—

a

issuing, revising or replacing the code, or

b

approving the code or a revision or replacement of it.

5

In this section, “the relevant Northern Ireland department” means—

a

the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or

b

failing such a designation, the Executive Office in Northern Ireland.

I185143Amendment of the Government of Wales Act 2006

In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 10(2), at the end insert—

o
the new homes ombudsman.

New build home warranties

I282 I318144New build home warranties

1

This section applies where a person (“the developer”) carries out a development in England that results in the creation of one or more dwellings (“new build homes”).

2

The developer must, at the time of or before granting or disposing of a relevant interest in a new build home—

a

provide to the purchaser a new build home warranty for the new build home, and

b

provide to a prescribed person a new build home warranty for any common parts.

3

A “new build home warranty” for a thing is an arrangement, satisfying any requirements under subsection (4), under which—

a

the developer agrees, in specified circumstances, to remedy any specified defect (or any defect) in the thing occurring in a specified period, and

b

a prescribed person obtains the benefit of a policy of insurance relating to specified defects (or any defects) in the thing.

“Specified” here means specified in the arrangement.

4

The Secretary of State may by regulations impose requirements about new build home warranties, including in particular requirements as to—

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)(a));

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;

d

the policy of insurance (including risks that must be covered, the minimum amount of cover, the minimum duration of the period of cover, and the maximum amount of any excess);

e

the solvency of the insurer or underwriter;

f

the standard of service provided by or on behalf of the insurer in relation to the policy;

g

the ability of a person who has the benefit of the warranty to transfer that benefit to another person.

5

The regulations must provide that the period of cover under the policy of insurance must be at least 15 years beginning with the day on which the relevant interest is granted or disposed of.

6

In this section—

“carries out a development”: the reference to a person carrying out a development is to undertaking or commissioning—
1. a
  the construction of a building, or
2. b
  the conversion of, or carrying out of any other works to, a building,
with a view to granting, or disposing of, relevant interests in one or more dwellings created as a result of the construction, conversion or carrying out of works;
“common parts”, in relation to a new build home, means any part of a building, where—
1. a
  that part is provided for the use, benefit and enjoyment of the residents of the new build home and the residents of other dwellings (whether alone or with other persons), and
2. b
  the right to use that part is conferred in connection with the grant or disposal of the relevant interest in the new build home;
“defect”: any reference to a defect includes, in relation to land, contamination;
“prescribed” means prescribed by regulations made by the Secretary of State;
“purchaser” means the person to whom the relevant interest is granted or disposed of;
“relevant interest” means a legal estate which is—
1. a
  an estate in fee simple absolute in possession, or
2. b
  a term of years absolute granted for a term of more than 21 years from the date of the grant.

I115 I440145New build home warranties: financial penalties

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).

2

The regulations may include provision—

a

about the procedure to be followed in imposing penalties;

b

about the amount of penalties;

c

for the imposition of interest or additional penalties for late payment;

d

conferring rights of appeal against penalties.

3

The regulations must provide that the amount of a financial penalty (excluding interest or any additional penalty) may not exceed the greater of—

a

10% of the value of the relevant interest at the time the person granted or disposed of the relevant interest, and

b

£10,000.

Construction products

I452146Construction products

Schedule 11 contains provision for regulations relating to construction products.

Liability relating to construction products

I426147Liability relating to construction products: general definitions

In this section, section 148 and section 149—

“the 1991 Regulations” means the Construction Products Regulations 1991 (S.I. 1991/1620);
“the 2011 Regulation” means Regulation (EU) No. 305/2011 (regulation laying down harmonised conditions for the marketing of construction products);
“the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465);
“construction products regulations” means regulations under paragraph 1 of Schedule 11;
“construction product requirement” means a requirement under—
1. a
  construction products regulations,
2. b
  the 2011 Regulation, or
3. c
  the 2019 Regulations;
“relevant building” means—
1. a
  a building which consists of a dwelling, or
2. b
  a building which contains two or more dwellings;
“relevant interest”, in relation to a building in England and Wales, means—
1. a
  in a case where the building consists of a dwelling, a legal or equitable interest in the building, and
2. b
  in a case where the building contains one or more dwellings, a legal or equitable interest in—
  1. i
    the building, or
  2. ii
    any dwelling contained in the building;
“relevant interest”, in relation to a building in Scotland, means—
1. a
  in a case where the building consists of a dwelling, any right or interest (including a servitude or heritable security) in or over the building, and
2. b
  in a case where the building contains one or more dwellings, any right or interest (including a servitude or heritable security) in or over—
  1. i
    the building, or
  2. ii
    any dwelling contained in the building;
“requirement” includes a prohibition or restriction.

In subsection (2)(b) and (c) “construction product” has the meaning specified in the 2011 Regulation.

I315149Liability for past defaults relating to cladding products

1

This section applies where Conditions A to D are met.

2

Condition A is that, at any time before the coming into force of this section—

a

a person fails to comply with a cladding product requirement in relation to a cladding product,

b

a person who markets or supplies a cladding product makes a misleading statement in relation to it, or

c

a person manufactures a cladding product that is inherently defective.

3

Condition B is that, after Condition A has been met, the cladding product is attached to, or included in, the external wall of 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—

a

in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or

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)(a), (b) or (c) were the cause, or one of the causes, of the building or dwelling being unfit for habitation.

6

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(2) of the Limitation Act 1980 and section 18ZD(2) 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) 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

Where an action is brought under this section in England and Wales that, but for section 10B(2) of the Limitation Act 1980, would have been barred by that Act, 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.

10

Where an action is brought under this section in Scotland that, but for section 18ZD(2) of the Prescription and Limitation (Scotland) Act 1973, would have been barred by that Act, a court hearing the action must dismiss it in relation to any defender if satisfied that it is necessary to do so to avoid a breach of that defender’s Convention rights.

11

In this section “cladding product requirement” means—

a

in relation to a time before IP completion day, a requirement relating to a cladding product under—

i

the 1991 Regulations, or

ii

the 2011 Regulation as it had effect in EU law at that time, and

b

in relation to a time after IP completion day, a requirement relating to a cladding product under—

i

the 2011 Regulation, or

ii

the 2019 Regulations.

12

In this section—

“cladding product” means a cladding system or any component of a cladding system;
“Convention rights” has the same meaning as in the Human Rights Act 1998;
“external wall”, in relation to a building, includes any part of a roof pitched at an angle of more than 70 degrees to the horizontal if that part of the roof adjoins a space within the building to which persons have access otherwise than for the purpose of carrying out repairs or maintenance.

I271150Liability relating to construction products: limitation in England and Wales

In the Limitation Act 1980, after section 10A insert—

10BSpecial time limit for actions relating to construction products
1
An action under section 148 of the Building Safety Act 2022 shall not be brought after the expiration of 15 years from the date on which the right of action accrued.
2
An action under section 149 of the Building Safety Act 2022 shall not be brought after—
a
if the right of action accrued before the commencement date, the expiration of the period of 30 years from the date on which it accrued, and
b
if the right of action accrued on or after the commencement date, the expiration of the period of 15 years beginning with the date on which it accrued.
3
In a case where—
a
a right of action under section 149 of the Building Safety Act 2022 accrued before the commencement date, and
b
the expiration of the period of 30 years beginning with the date on which the right of action accrued falls in the year beginning with the commencement date,
subsection (2)(a) has effect as if it referred to the expiration of that year.
4
In subsections (2) and (3) “the commencement date” is the day on which section 149 of the Building Safety Act 2022 came into force.
5
No other period of limitation prescribed by Part 1 of this Act applies in relation to an action referred to in subsections (1) and (2).
6
Sections 28, 32 and 35 of this Act apply in relation to an action referred to subsections (1) and (2), but otherwise Parts 2 and 3 of this Act (except sections 37 and 38) do not apply for the purposes of this section.

I652151Liability relating to construction products: limitation in Scotland

1

The Prescription and Limitation (Scotland) Act 1973 is amended as follows.

2

After section 18ZC insert—

18ZDActions relating to construction products
1
An action under section 148 of the Building Safety Act 2022 may not be brought after the expiration of 15 years from the date on which the right of action accrued (see subsection (8) of that section).
2
An action under section 149 of the Building Safety Act 2022 may not be brought after—
a
if the right of action accrued before the commencement date, the expiration of the period of 30 years from the date on which it accrued (see subsection (8) of that section), and
b
if the right of action accrued on or after the commencement date, the expiration of the period of 15 years beginning with the date on which it accrued.
3
In a case where—
a
a right of action under section 149 of the Building Safety Act 2022 accrued before the commencement date, and
b
the expiration of the period of 30 years beginning with the date on which the right of action accrued falls in the year beginning with the commencement date,
subsection (2)(a) has effect as if it referred to the expiration of that year.
4
In subsections (2) and (3) “the commencement date” is the day on which section 149 of the Building Safety Act 2022 came into force.
5
No other period of limitation specified by this Part of this Act applies in relation to an action referred to in subsection (1) or (2).
6
In the computation of a period of time specified in subsection (1) or (2), there is to be disregarded any time during which the person seeking to bring the action (P)—
a
was under a legal disability by reason of nonage or unsoundness of mind, or
b
failed to bring the action by reason of—
i
fraud on the part of the person against whom the action is to be brought (D) or the part of any person acting on D’s behalf, or
ii
error induced by words or conduct of D or any person acting on D’s behalf,
(but not including, for the purposes of paragraph (b), any time occurring after P could with reasonable diligence have discovered the fraud or error mentioned in that paragraph).
7
For the purposes of subsection (6)(b), it does not matter whether D, or the person acting on D’s behalf, intended the fraud or the words or conduct to cause P to fail to bring the action.

3

In section 7(2) (extinction of obligations by prescriptive periods of twenty years), at the end insert “or any obligation to pay damages arising from liability under section 148 or section 149 of the Building Safety Act 2022 (see section 18ZD of this Act).”

4

In section 19CA(1) (interruption of limitation period: arbitration), after “18ZC(2)” insert “, 18ZD (1) or (2)”.

5

In Schedule 1, in paragraph 2 (exceptions from the 5 year prescriptive period under section 6), after paragraph (ga) insert—

gb
to any obligation to pay damages arising from liability under section 148 or 149 of the Building Safety Act 2022;”.

Construction products: costs contribution orders

I245152Costs contribution orders: general definitions

In this section and sections 153 to 155—

“the 2011 Regulation” means Regulation (EU) No. 305/2011 (regulation laying down harmonised conditions for the marketing of construction products);
“the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465);
“the 2020 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359);
“construction product”—
1. a
  in relation to a construction product requirement under construction products regulations, has the meaning specified in those regulations;
2. b
  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);
3. 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;
4. d
  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;
“construction product requirement”, in England and Wales or Scotland, means a requirement under—
1. a
  construction products regulations,
2. b
  the 2011 Regulation, or
3. c
  the 2019 Regulations;
“construction product requirement”, in Northern Ireland, means a requirement under—
1. a
  construction product regulations,
2. b
  the 2011 Regulation as having effect from time to time in EU law,
3. c
  the 2019 Regulations, or
4. d
  the 2020 Regulations;
references to an “interest” in a building or dwelling include—
1. a
  in England and Wales, any legal or equitable interest in the building or dwelling;
2. b
  in Scotland, any right or interest (including a servitude or heritable security) in or over the building or dwelling;
3. c
  in Northern Ireland, any estate within the meaning given by section 45(2) of the Interpretation Act (Northern Ireland) 1954 in the building or dwelling;
“relevant building” means—
1. a
  a building which consists of a dwelling, or
2. b
  a building which contains two or more dwellings;
“requirement” includes a prohibition or restriction.

provision preventing a person to whom any amount is payable under a costs contribution order under this section from pursuing any other legal remedy for the recovery of such an amount.

12

In this section “prescribed” means prescribed by regulations under this section.

I534154Costs contribution orders made by the Secretary of State

1

The Secretary of State may by regulations make provision for the Secretary of State to make costs contribution orders.

2

The regulations may only make provision for the making of costs contribution orders in cases where—

a

Conditions A to D are met, and

b

any prescribed conditions are met.

3

Condition A is that a person (“the defaulter”) is convicted of an offence consisting of a failure to comply with a construction product requirement in relation to a construction product.

In this section “prescribed” means prescribed by regulations under this section.

I358 I2932

In article 5 (duties under the Order), for “22”, in each place it occurs, substitute “22B”.

I358 I2933

In article 9 (risk assessment)—

a

in paragraph (6) for the words from “record” to the end substitute “make a record of the assessment or review, which must in particular include the information prescribed by paragraph (7).”;

b

in paragraph (7)(a) omit “significant”.

4

After article 9 insert—

Risk assessment: assistance9A
1
The responsible person must not appoint a person to assist them with making or reviewing an assessment under article 9 unless that person is competent.
2
A person is to be regarded as competent for the purposes of this article where the person has sufficient training and experience or knowledge and other qualities to enable the person properly to assist in making or reviewing the assessment.
3
Where the responsible person appoints more than one person, the responsible person must make arrangements for ensuring adequate co-operation between them.

I358 I2935

In article 11(2) (fire safety arrangements) omit the words from “where” to the end.

I358 I2936

After article 21 insert—

Provision of information to residents of domestic premises21A
1
This article applies in relation to a building containing two or more sets of domestic premises.
2
The responsible person must give residents of the domestic premises comprehensible and relevant information about the relevant fire safety matters.
3
The relevant fire safety matters are—
a
the risks to residents of the domestic premises identified by the risk assessment;
b
the preventive and protective measures;
c
the name of the responsible person and an address in the United Kingdom at which the responsible person, or someone acting on their behalf, will accept notices and other documents;
d
the identity of any person appointed by the responsible person to assist them with making or reviewing an assessment under article 9;
e
the identity of any persons nominated by the responsible person under article 13(3)(b);
f
any risks of which the responsible person has been informed under article 22(1)(c);
g
any other matters specified in regulations made by the relevant authority.
4
The information is to be provided at such times, and in such form, as may be specified in regulations made by the relevant authority.
5
The responsible person must keep records of the relevant fire safety matters.
6
The “relevant authority”—
a
in relation to premises in England, means the Secretary of State;
b
in relation to premises in Wales, means the Welsh Ministers.
7
Regulations under this article are to be made by statutory instrument.
8
A statutory instrument containing regulations made by the Secretary of State under this article is subject to annulment in pursuance of a resolution of either House of Parliament.
9
A statutory instrument containing regulations made by the Welsh Ministers under this article is subject to annulment in pursuance of a resolution of Senedd Cymru.

I358 I2937

In article 22 (co-operation and co-ordination)—

a

in the heading, at the end insert “between responsible persons”;

b

before paragraph (1) insert—

A1
A person who is a responsible person in relation to any premises must take such steps as are reasonably practicable to ascertain whether any other responsible person shares, or has duties in respect of, the premises.

c

in paragraph (1) before sub-paragraph (1)(a) insert—

za
inform the other responsible persons concerned of that person’s name and an address in the United Kingdom at which that person, or someone acting on their behalf, will accept notices and other documents;
zb
inform the other responsible persons concerned of the part of the premises for which that person considers themselves to be a responsible person, and keep a record of that information;

I358 I2988

After article 22 insert—

Provision of information to new responsible person22A
1
Paragraph (2) applies where a person (the “outgoing person”) ceases to be a responsible person for premises and another person (the “new responsible person”) becomes a responsible person for the premises in place of the outgoing person.
2
The outgoing person must give the new responsible person any relevant fire safety information held by the outgoing person.
3
“Relevant fire safety information” means—
a
records kept under article 9(6) of assessments and reviews under article 9;
b
the identity of any person appointed by the responsible person to assist them with making or reviewing an assessment under article 9;
c
the name of any other person who is a responsible person in relation to the premises and an address in the United Kingdom at which that person, or someone acting on their behalf, will accept notices and other documents (where known);
d
where the premises consist of or include a higher-risk building, the identity of any other person who is an accountable person in relation to the premises (where known);
e
any information given under regulation 38 of the Building Regulations 2010 (S.I. 2010/2214) (fire safety information);
f
any other matters specified in regulations made by the relevant authority.
4
The information is to be provided at such times, and in such form, as may be specified in regulations made by the relevant authority.
5
A responsible person must keep records of relevant fire safety information.
6
In this article—
“accountable person” has the meaning given by section 72 of the Building Safety Act 2022;
“higher-risk building” has the meaning given by section 65 of that Act;
“relevant authority”—
a
in relation to premises in England, means the Secretary of State;
b
in relation to premises in Wales, means the Welsh Ministers.
7
Regulations under this article are to be made by statutory instrument.
8
A statutory instrument containing regulations made by the Secretary of State under this article is subject to annulment in pursuance of a resolution of either House of Parliament.
9
A statutory instrument containing regulations made by the Welsh Ministers under this article is subject to annulment in pursuance of a resolution of Senedd Cymru.
Co-operation with accountable persons22B
1
This article applies in relation to premises which consist of or include a residential unit in a higher-risk building.
2
The responsible person (“P”) must take such steps as are reasonably practicable to ascertain whether there are one or more other persons who are accountable persons in relation to the premises.
3
If there are, P must co-operate with each accountable person for the purpose of the accountable person carrying out their duties under the Building Safety Act 2022.
4
In this article—
“accountable person” has the meaning given by section 72 of the Building Safety Act 2022;
“higher-risk building” has the meaning given by section 65 of that Act;
“residential unit” has the meaning given by section 115 of that Act.

I358 I2939

In article 29(5) (alterations notices), omit paragraphs (b) and (c).

I358 I29310

In article 32 (offences)—

a

in paragraph (1)(a) for “22” substitute “22B”;

b

in paragraph (4) omit “not exceeding level 3 on the standard scale”;

c

in paragraph (7) omit “not exceeding level 3 on the standard scale”.

I358 I29311

In article 50 (guidance)—

a

in paragraph (1) for “22” substitute “22B”;

b

in paragraph (1A)—

i

for “22” substitute “22B”;

ii

omit “in relation to a relevant building (or part of the building)”;

iii

in sub-paragraph (a) omit “risk based”;

iv

in sub-paragraph (b) omit “risk based”.

Architects

I18157Architects: discipline and continuing professional development

1

The Architects Act 1997 is amended as follows.

2

In section 3 (the register), after subsection (2) 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), in the words after paragraph (c), after “practical experience” insert “or undertaken such recent training”,

b

after subsection (1) 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.

c

after subsection (2) 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
b
the Board shall not remove the name of the person from the Register unless—
i
the person has not made an application for an extension of time within the prescribed period,
ii
an extension of time granted by the Board has expired and the Board is not satisfied that the person has gained the prescribed experience or undertaken the prescribed training or is otherwise competent to practise, or
iii
the Board has decided not to grant an extension of time in respect of an application made by the person.
4
For the purposes of this section, a person is competent to practise if the person has the skills, knowledge, experience and behaviours required for a person to practise as an architect.

I766158Architects: Appeals Committee

1

The Architects Act 1997 is amended as follows.

2

In section 1 (the Board)—

a

after subsection (2) insert—

2A
There is to be an Appeals Committee of the Board.

b

after subsection (4) insert—

4A
Part 2A of that Schedule makes provision about the Appeals Committee.

3

In section 4 (registration: general)—

a

in subsection (4)(b) for “refer the application to the Board” substitute “refuse the application”;

b

in subsection (6)—

i

omit “(4) or”;

ii

for the words from “direct” to the end substitute

—
a
direct the Registrar to enter the person’s name in the Register if it is satisfied that the person is entitled to be registered, or
b
direct the Registrar to refuse the application if it is not so satisfied.

4

In section 6(4B) (notice of refusal of application) for the words from “in the case” to “section 4(2A)” substitute “of an application”.

5

In section 9 (competence to practise) after subsection (2) insert—

2A
A notice under subsection (2) must state reasons for the decision.

6

In Part 5 (general and supplementary) before section 22 insert—

21AAppeals to the Appeals Committee
1
A person may appeal to the Appeals Committee against—
a
a decision to refuse the person’s application for registration, or
b
if the person is a person to whom paragraph (b) of section 9(1) applies, a decision to remove or not to re-enter the person’s name in the Register as a result of section 9(1).
2
The Board may make rules about appeals to the Appeals Committee, including in particular rules about—
a
the period within which any appeal must be made;
b
the way in which an appeal is to be made or withdrawn;
c
the fee that must be paid on the making of an appeal (including circumstances in which that fee may or must be refunded);
d
the procedure to be followed by the Appeals Committee in relation to an appeal;
e
the effect of the making of an appeal, pending its determination, on the decision appealed against.
3
On the determination of an appeal, the Appeal Committee may make any decision that could have been made by the person who made the decision appealed against.
4
The Appeals Committee must, within the prescribed period after determining a person’s appeal, serve on the person written notice of the decision made on that determination.

7

In section 22 (appeals)—

a

in subsection (1)—

i

for paragraph (a) substitute—

a
a decision of the Appeals Committee under section 21A, on an appeal made by the person;

ii

for paragraph (c) substitute—

c
the person’s name not being re-entered in the Register under section 18 as a result of section 9(1);

b

in subsection (2) omit “Subject to subsection (3),”;

c

omit subsection (3);

d

in the heading at the end insert “to the court”.

8

In section 24(2) (service of documents) for “or 15(3)” substitute “, 15(3) or 21A(4)”.

9

In Schedule 1 (the Board and its committees) after Part 2 insert—

Part 2aThe appeals committee
17B
1
The Board may make rules about—
a
the composition of the Appeals Committee;
b
the selection and term of office of members of the Appeal Committee (including casual vacancies);
c
the meetings and procedure (including chairing and quorum) of the Appeal Committee;
d
votes of the Appeal Committee (including providing for a casting vote and the way in which it is to be exercised).
2
Before making rules about the composition of the Appeals Committee, the Board must consult the Secretary of State.

10

In Part 4 of that Schedule (general provisions), after “Professional Conduct Committee”, in each place it occurs, insert “, the Appeals Committee”.

I441159Architects Registration Board: fees and discharge of functions by a committee

1

In the Architects Act 1997, after section 24 insert—

24AFees
1
The Secretary of State may make regulations for, and relating to, the charging of fees by the Board in respect of services which it provides.
2
Regulations under this section may in particular make provision about—
a
the services, or types of services, in respect of which the Board may charge a fee;
b
the persons who are liable to pay a fee;
c
how fees charged by the Board are to be calculated;
d
how fees charged by the Board are to be paid.
3
In this section, a “service”—
a
includes any exercise by the Board of its power to prescribe qualifications for the purposes of section 4(1)(a);
b
does not include any service in respect of which a fee may be prescribed under any other provision of this Act.
4
Regulations under this section are to be made by statutory instrument.
5
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

2

In Schedule 1 to that Act (the Board and its committees), in paragraph 18(2)(b) (functions of the Board which may not be discharged by a committee) for “4(1) or (2)” substitute “4(2)”.

3

In consequence of the amendment made by subsection (2), in section 11(5) of the Professional Qualifications Act 2022 for the words from “after” to the end substitute “for “4(2)” substitute “4(1A) or (2)”.”

Housing complaints

I275 I540160Housing complaints made to a housing ombudsman

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) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

3

Subsection (1) 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;

b

in the case of an unincorporated body other than a partnership—

i

where the body’s affairs are managed by its members, to a member of the body;

ii

in any other case, to a member of the governing body.

4

Where—

a

a relevant company is an accountable person for a higher-risk building (within the meaning of Part 4), and

b

one or more (but not all) directors of the relevant company have been appointed for a building safety purpose and are entitled to remuneration from the company,

this section, so far as relating to Part 4, does not apply in relation to a director who is not entitled to remuneration from the relevant company.

5

In subsection (4)—

“building safety purpose” means the purpose of supporting the relevant company in complying with its duties under Part 4 or under regulations made under that Part;
“relevant company” means—
1. a
  a resident management company within the meaning of section 111,
2. b
  an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage), or
3. c
  a company that is a commonhold association within the meaning of Part 1 of that Act (see section 34).

I259162Review of regulatory regime

1

The Secretary of State must appoint an independent person to carry out a review of—

a

the effectiveness of the regulator in—

i

exercising its building functions,

ii

securing the safety of people in or about buildings in relation to risks arising from buildings, and

iii

improving the standard of buildings,

b

the adequacy and effectiveness of—

i

provision made by or under Parts 2 and 4 of this Act, and

ii

provision made by or under the Building Act 1984 (except section 105C) 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) to (c) as the person considers appropriate, and

e

any other matter specified in the appointment.

2

On completion of a review, the appointed person must make a written report to the Secretary of State—

a

setting out the result of the review, and

b

making such recommendations (if any) as the person considers appropriate.

3

The Secretary of State must publish a copy of the report.

4

The first appointment must be made within the period of 5 years beginning with the day on which this Act is passed.

5

Any other appointment must be made within the period of 5 years beginning with the day on which the most recent appointment was made.

6

In this section—

“building function” has the meaning given by section 3;
“independent” means appearing to the Secretary of State to be independent of—
1. a
  the Secretary of State,
2. b
  the regulator,
3. c
  the profession of registered building inspectors,
4. d
  the built environment industry (as defined by section 30),
5. e
  persons carrying on activities connected with the manufacture, importation, marketing or supply of construction products (as defined by paragraph 24 of Schedule 11), and
6. f
  local authorities (as so defined);
“the regulator” has the meaning given by section 2.

I340163Financial provisions

There is to be paid out of money provided by Parliament—

a

any expenditure incurred under or by virtue of this Act by the Secretary of State, and

b

any increase attributable to this Act in the sums payable under any other Act out of money so provided.

I37164Crown application

1

The following provisions, and any provision made under them, bind the Crown—

a

Part 2;

b

Part 4 except sections 99, 100 and 103 (compliance notices);

c

sections 116 to 125 and Schedule 8 (remediation of certain defects);

d

sections 136 to 142 and Schedule 9 (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) makes the Crown criminally liable.

3

Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

I301165Application to Parliament

1

The following provisions do not apply in relation to the Parliamentary Estate—

a

sections 99, 100 and 103 (compliance notices under Part 4);

b

paragraphs 1 to 3 of Schedule 2 (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, 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 or 4 makes the Corporate Officer criminally liable.

4

3

The regulations may make—

a

transitional, transitory or saving provision;

b

different provision for different purposes.

4

The regulations are to be made by statutory instrument.

5

A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act, or by an Act or Measure of Senedd Cymru, may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

6

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

regulations under section 89 (except regulations only making provision of a kind mentioned in section 89(2)),

d

regulations under section 90 (except regulations only making provision of a kind mentioned in section 90(3) or (4)),

e

regulations under section 92 (except regulations only making provision of a kind mentioned in section 92(3)),

f

regulations under sections 153 to 155, or

g

regulations under section 166 that amend or repeal provision made by an Act,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

7

Any other statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

I43169Extent

1

Subject as follows, this Act extends to England and Wales only.

2

The following provisions extend to England and Wales, Scotland and Northern Ireland—

a

Part 1;

b

paragraphs 87 and 88 of Schedule 5 (and section 55 so far as relating to those paragraphs);

c

sections 136 to 143 and Schedule 9 (new homes ombudsman scheme);

d

section 146 and Schedule 11 (construction products);

e

sections 152 to 155 (costs contribution orders);

f

section 157 to 159 (architects);

g

this Part except section 161, 164 and 167.

3

Section 2(2) and Schedule 1 (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 (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.

6

Section 151 (liability relating to construction products: limitation in Scotland) extends to Scotland only.

7

The Secretary of State may by regulations—

a

provide for the provisions mentioned in subsection (5) to extend also to Northern Ireland, and

b

make provision (including provision amending this Act or any other enactment) in relation to the application of the provisions mentioned in subsection (5) in Northern Ireland.

I653170Commencement and transitional provision

1

The following provisions come into force on the day on which this Act is passed—

a

section 1;

b

section 2(1);

c

section 7;

d

section 28;

e

section 30;

f

sections 61 to 70;

g

section 115;

h

this Part except sections 161 and 164.

2

Parts 2 and 4, except the provisions mentioned in subsection (1), come into force—

a

for the purposes of making regulations, on the day on which this Act is passed;

b

for remaining purposes, on such day as the Secretary of State may by regulations appoint.

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;

b

section 134;

c

section 135;

d

section 146 and Schedule 11;

e

sections 147 to 155;

f

sections 157 to 159.

4

As regards Part 3 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) so far as relating to section 91ZD of that Act;

iii

section 42 so far as relating to section 58Z2 and 58Z10 of that Act;

iv

paragraph 56 of Schedule 5 (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) of that section;

ii

section 33 except so far as relating to paragraph 1D(3) of Schedule 1 to the Building Act 1984;

iii

sections 34 to 41;

iv

section 42 except so far as relating to section 58Z2, 58Z7 or 58Z10 of the Building Act 1984;

v

section 43 and Schedule 4;

vi

sections 44 to 52;

vii

section 53 except subsection (1) of that section;

viii

section 55 and Schedule 5 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 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) of that section so far as relating to Article 22B of the Regulatory Reform (Fire Safety) Order 2005;

c

subject to that, Part 3 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)(a) or (b) 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.

9

Regulations under this section are to be made by statutory instrument.

I405171Short title

This Act may be cited as the Building Safety Act 2022.

Schedules

Schedule 1Amendments of the Health and Safety at Work etc Act 1974

Section 2

I3 I3471

The Health and Safety at Work etc Act 1974 is amended as follows.

I663 I5292

1

Section 11 (functions of the Executive) is amended as follows.

2

In subsection (5)—

a

in paragraph (a) after “functions” insert “other than its building functions”;

b

in paragraph (b) after “activities” insert “other than its building functions”.

3

In subsection (6)(b) at the end insert “or to its building functions.”

I743 I1223

After section 11 insert—

11APowers of the Executive: buildings in England
1
The Executive may do such things and make such arrangements as it considers appropriate in connection with any of its building functions.
2
In particular, it may—
a
assist and encourage persons concerned with matters relevant to those functions;
b
make arrangements for—
i
the carrying out of research and the publication of the results of research;
ii
the provision of training and information;
c
encourage research and the provision of training and information by others;
d
make arrangements for the provision of a service providing information or advice on such matters, and to such persons, as it considers appropriate;
e
institute criminal proceedings.
3
And it may—
a
appoint persons or committees of persons to provide it with advice, or to do such other things as it considers appropriate, in connection with any of its building functions, and
b
remunerate those persons.
Nothing in paragraph (b) limits section 13(8).
4
Any amounts paid under subsection (3)(b) are to be such as may be determined by the Secretary of State.

I773 I5594

In section 12(3) (control of the Executive) after “provisions” insert “, or the enforcement of the building enactments,”.

I294 I5925

1

Section 13 (powers of the Executive) is amended as follows.

2

In subsection (3) after “functions” insert “on its behalf”.

3

In subsection (4) after “department or authority” insert “on behalf of the Minister, department or authority”.

4

In subsection (6) after “Part” insert “or in connection with its building functions”.

5

In subsection (7) after “functions” insert “except its building functions”.

I133 I2286

In section 27 (information powers) after subsection (4) insert—

5
In this section any reference to the Executive’s functions does not include its building functions.

I751 I4457

In section 53 (general interpretation) at the appropriate place insert—

“the building enactments” means the provisions of, and of instruments made under—
a
the Building Act 1984, and
b
Parts 2 and 4 of the Building Safety Act 2022;

“building function” has the meaning given by section 3 of the Building Safety Act 2022;

I297 I2228

1

Schedule 2 (constitution of the Executive) is amended as follows.

2

In paragraph 2(3)(d)(iii) at the end insert “, building safety, building standards or fire safety.”

3

In paragraph 9(3)(b) after “provisions” insert “, or the building enactments,”.

4

In paragraph 12(2)—

a

after “Executive” insert “or signed on its behalf”;

b

after “so executed” insert “or signed”.

Schedule 2Authorised officers: investigatory powers

Section 22

1

A justice of the peace may issue a warrant in respect of non-domestic premises specified in the warrant if satisfied, on an information in writing made by an authorised officer, that it is necessary—

a

for an authorised officer to enter the premises for a relevant purpose, and

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)) 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) to (5) of paragraph 1 apply in relation to the power of entry conferred by a warrant under this paragraph as they apply in relation to the power of entry conferred by sub-paragraph (1) of that paragraph.

the power to enter by force (if necessary);

b

the powers under sub-paragraphs (2) to (5) of paragraph 1.

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.

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

ii

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

7

In this paragraph—

“document” includes information recorded in any form;
“specified”, in relation to a requirement, means specified in the notice imposing the requirement.

I682 I4545Retention of evidence etc

Anything that has been seized under paragraph 1 (5), or any document produced under paragraph 4, may be retained for so long as is necessary in all the circumstances.

I188 I4316Offence of failing to provide information, documents etc

1

A person who fails without reasonable excuse to comply with a requirement under paragraph 4 commits an offence.

2

A person guilty of an offence under this paragraph 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).

I306 I3857Interpretation

1

In this Schedule —

“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 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;
“non-domestic premises” means premises (in England or Wales) that are not domestic premises;
“relevant purpose”, in relation to an authorised officer, means the purpose of any relevant building function specified in the officer’s authorisation.

2

In sub-paragraph (1) “relevant building function” has the meaning given by section 22.

I224 I7378Saving for material subject to legal professional privilege

Nothing in this Schedule confers power to—

a

seize anything, or

b

compel the production by any person of a document or information,

in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

C4 C8Schedule 3Cooperation and information sharing

Section 27

Annotations:

Modifications etc. (not altering text)

Sch. 3 applied (with modifications) (5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force) by 1984 c. 55, s. 58Y (as inserted by Building Safety Act 2022 (c. 30), ss. 42, 170(4); S.I. 2023/914, reg. 2(b)(viii)(cc); S.I. 2023/993, reg. 2(k))

Sch. 3 applied (with modifications) (5.9.2023 for W., 6.4.2024 for E.) by 1984 c. 55, s. 58Y(6) (as inserted by Building Safety Act 2022 (c. 30), ss. 42, 170(4); S.I. 2023/914, reg. 2(b)(viii)(cc); S.I. 2024/104, reg. 2(a) (with reg. 3))

I221 I527 C41C4Interpretation

In this Schedule any reference to a function under an enactment includes a function under an instrument made under the enactment.

I326 I409 C42C4Local authorities, fire and rescue authorities etc

1

The regulator and a local authority must cooperate with each other in the exercise of their relevant functions.

2

in relation to the Regulator of Social Housing, any of its functions;

b

in relation to a person who administers a relevant scheme, any function relating to that scheme.

I493 I686 C44C4Secretary of State

1

The regulator may disclose to the Secretary of State information held in connection with any of its building functions, for the purpose of any of those functions or any relevant function of the Secretary of State.

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 “relevant function” means any function of the Secretary of State (whether or not under an enactment) that relates to buildings.

I249 I263 C45C4Police

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) 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);

b

a purpose of the police relating to public health or public safety;

c

a purpose relating to national security.

I242 I325 C46C4Public authorities

1

The Secretary of State may by regulations make provision requiring the regulator and any prescribed public authority to cooperate with each other in the exercise of—

a

any building function of the regulator, and

b

any prescribed function of the public authority, so far as it relates to England.

2

The Secretary of State may by regulations make provision authorising a relevant person and any prescribed public authority to disclose prescribed information to each other for the purpose of—

a

any relevant function of the relevant person, and

b

any prescribed function of the public authority, so far as it relates to England.

3

In this paragraph “relevant person” and “relevant function” have the meaning given in paragraph 2.

Schedule 4Transfer of approved inspectors’ functions to registered building control approvers

Section 43

I623 I845 I8461

The Building Act 1984 is amended as follows.

I597 I848 I8472

In section 42(1) (appeals) for “approved inspector” substitute “registered building control approver”.

I336 I850 I8493

In the heading before section 47, for “approved inspectors” substitute “registered building control approvers”.

In section 51A(2)(a)(ii) (variation of work) for “approved inspector” substitute “registered building control approver”.

I600 I862 I8619

In section 51C(2)(a) (change of person carrying out work) for “approved inspector” substitute “registered building control approver”.

I305 I864 I86310

1

Section 52 (cancellation of initial notice) is amended as follows.

2

In subsection (1)—

a

in paragraph (a)—

i

for “approved inspector” substitute “registered building control approver”;

ii

for “his” substitute “their”;

b

in paragraph (b)—

i

for “approved inspector” substitute “registered building control approver”;

ii

for “he is” substitute “they are”;

iii

for “his” substitute “their”;

c

in paragraph (c) for “approved inspector” substitute “registered building control approver”.

3

In subsection (2)(a) for “approved inspector” substitute “registered building control approver”.

I141 I866 I86511

In section 56(5) (powers to require information) for “approved inspector” substitute “registered building control approver”.

I650 I867 I86812

In section 57 (offences), for subsection (3) substitute—

3
Where a registered building control approver is convicted of an offence under this section, the court by or before which they are convicted must, within one month of the date of conviction, forward a certificate of the conviction to—
a
the regulatory authority, or
b
if the regulatory authority has delegated its functions in relation to the register of building control approvers to another person under section 58Y, that person.

I491 I870 I86913

In section 58(3) (construction of Part 2)—

a

for “an approved inspector” substitute “a registered building control approver”;

b

for “him” substitute “them”.

I170 I871 I87214

In section 126 (general interpretation)—

a

omit the definition of “approved inspector”;

b

at the appropriate place insert—

“registered building control approver” has the meaning given by section 58N;

““registered building inspector” has the meaning given by section 58B;

“regulatory authority” has the meaning given by section 58A;

Schedule 5Minor and consequential amendments in connection with Part 3

Section 55

Part 1Amendments of the Building Act 1984

I63 I674 I365 I8731

The Building Act 1984 is amended as follows.

I659 I351 I1282

1

Section 1 is amended as follows.

2

In subsection (1) for “Secretary of State” substitute “appropriate national authority”.

3

In subsection (4) for the words from “subject to” to the end substitute

—
a
in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;
b
in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.

I408 I622 I1693

In section 1A(1) for “Secretary of State” substitute “appropriate national authority”.

I2144

I571 I669 I1981

Section 2 is amended as follows.

I639 I6692

In subsection (1) for “Secretary of State” substitute “appropriate national authority”.

I149 I8743

In subsections (3) and (4) for “local authority” substitute “building control authority”.

I3615

I226 I611 I6201

Section 3 is amended as follows.

I588 I6112

In subsection (2) for “Secretary of State” substitute “appropriate national authority”.

I631 I8753

After that subsection insert—

2A
The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under subsection (2).
2B
Before making a proposal, the regulator must consult such persons as it considers appropriate.
2C
Before giving a direction under subsection (2), other than a direction proposed by the regulator, the Secretary of State must consult—
a
the regulator, and
b
any other person that the Secretary of State considers appropriate.

I631 I8754

In subsection (3)—

a

omit “not exceeding level 5 on the standard scale”;

b

for “£50” substitute “level 1 on the standard scale”.

I155 I182 I6276

In section 4(1)(a)(i) for “Secretary of State” substitute “appropriate national authority”.

I168 I476 I8767

In section 5(3)(b) omit “of building regulations”.

I704 I223 I8778

Omit section 5(4).

I160 I541 I59

1

Section 6 is amended as follows.

2

For “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

3

In subsection (1) for “him”, in each place it occurs, substitute “the appropriate national authority”.

4

In subsection (4)(a) omit “him or”.

5

In subsection (5) omit “his or”.

6

After that subsection insert—

5A
A notice under subsection (3) or (5) may contain transitional or saving provision (and different provision may be made for different purposes or for different areas).
5B
A body may give an approval under subsection (1) or (4), or withdraw an approval under subsection (5), only with the consent of the appropriate national authority.

7

In subsection (8) for the words from “subject to” to the end substitute

—
a
in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;
b
in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.

8

After subsection (8) insert—

9
An order under subsection (8) may provide that a body is designated only in relation to—
a
buildings of a specified description;
b
work of a specified description;
c
specified provisions of building regulations.

I577 I698 I46210

1

Section 7 is amended as follows.

2

In subsection (1)(a) for the words from “document” to “provision” substitute “relevant approved document”.

3

After subsection (1) insert—

1A
In subsection (1) “relevant approved document” means a document approved for the purposes of the provision that applies in relation to the work in question.

I74211

I710 I46 I6871

Section 8 is amended as follows.

I258 I462

For “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.

I258 I463

In subsection (1) for “he” substitute “it”.

I189 I8784

After subsection (3) insert—

3A
If, in a case where the regulator is the building control authority—
a
an application for a direction under this section is made to the regulator, and
b
the regulator considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case,
it may give a direction dispensing with or relaxing the requirement.
3B
No application under subsection (1) or (2) may be made in a case where the regulator is the building control authority.

I21012

I749 I502 I2051

Section 9 is amended as follows.

I616 I5022

For “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.

I204 I8223

In subsection (1) for “or (2) above” substitute “, (2) or (3A)”.

I204 I8224

In subsection (2) for “The application” substitute “An application under section 8(1) or (2)”.

I204 I8225

In subsection (3) at the end insert “or in a case where the regulator is the building control authority.”

I27913

I114 I582 I1651

Section 10 is amended as follows.

I44 I5822

In subsections (1), (2), (4) and (5) for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

I692 I8793

In subsections (1), (2) and (5) for “local authority”, in each place it occurs, substitute “building control authority”.

I692 I8794

In subsection (1) after “(2)” insert “, (3A)”.

I44 I5825

In subsection (2) omit “he, they or”.

I44 I5826

In subsection (4) omit “himself”.

I38114

I484 I713 I4501

Section 11 is amended as follows.

I435 I7132

In subsection (1)—

a

for “Secretary of State” substitute “appropriate national authority”;

b

for “he may, either on an application made to him or of his” substitute “the authority may, either on an application made by any person (the “original applicant”) or of its”.

3

In subsection (2)(b)—

I25 I823a

after “may” insert “, either on an application or of the appropriate national authority’s own accord,”;

I435 I713b

for “Secretary of State” substitute “appropriate national authority”.

4

In subsection (3)—

I25 I823a

after “(1)” insert “or (2)(b)”;

I435 I713b

for “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.

I25 I8235

After that subsection insert—

3A
The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under this section.
3B
Before making a proposal, the regulator must consult—
a
such persons as it considers appropriate, and
b
if the proposal is for a direction that would vary or revoke a direction given on an application under subsection (1), the original applicant.
3C
Before giving a direction under this section, other than a direction proposed by the regulator, the Secretary of State must consult—
a
the regulator,
b
any other person the Secretary of State considers appropriate, and
c
if the direction would vary or revoke a direction given on an application under subsection (1), the original applicant.

I25 I8236

For subsections (4) and (5) substitute—

4
Before giving a direction under subsection (1) or (2)(b), the Welsh Ministers must consult such persons as they consider appropriate.
5
Where the appropriate national authority gives a direction under subsection (1) or (2)(b), it must publish notice of that fact in such way as it considers appropriate.

I25 I8237

In subsection (6)—

a

omit “not exceeding level 5 on the standard scale”;

b

for “£50” substitute “level 1 on the standard scale”.

I258

In subsection (7) for the words from “before that time” to the end substitute “an application for building control approval in relation to the proposed work was made before that time.”

I43715

I681 I370 I5441

Section 12 is amended as follows.

I421 I3702

In subsections (1), (3), (7), (8), (9) and (11) and the heading, for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

I421 I3703

In subsection (1) for “to him or of his” substitute “by any person (the “original applicant”) or of its”.

I421 I3704

In subsection (3) for “he” substitute “it”.

I421 I3705

In subsection (6)—

a

for “Secretary of State”, in the first place it occurs, substitute “appropriate national authority”;

b

for the words from “him” to the end substitute “it or of its own accord.”

I420 I8246

In subsection (7) for “(1) or (6) above” substitute “(1), (6) or (8)”.

I420 I8247

In subsection (8) for the words from “but” to the end substitute “either on an application or of the appropriate national authority’s own accord.”

I420 I8248

After subsection (8) insert—

8A
The regulator may at any time make a proposal to the Secretary of State for—
a
the giving of an approval under subsection (1), or
b
the varying or revocation of a certificate under subsection (6) or (8).
8B
Before making a proposal, the regulator must consult—
a
such persons as it considers appropriate, and
b
if the proposal is to vary or revoke a certificate issued on an application under subsection (1), the original applicant.
8C
Before giving an approval or varying or revoking a certificate under this section, unless acting on a proposal of the regulator, the Secretary of State must consult—
a
the regulator,
b
any other person the Secretary of State considers appropriate, and
c
if varying or revoking a certificate issued on an application under subsection (1), the original applicant.
8D
Before varying or revoking a certificate issued on an application under subsection (1), the Welsh Ministers must give the original applicant reasonable notice that they propose to do so (except in the case of a variation or revocation made on the application of that person).

I421 I3709

In subsection (9) for “he”, in both places it occurs, substitute “it”.

I42010

In subsection (10) for the words from “before that time” to the end substitute “an application for building control approval in relation to the proposed work was made before that time.”

I206 I697 I30216

1

Section 13 is amended as follows.

2

For “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

3

In subsection (1) omit “on him”.

I531 I705 I32117

1

Section 14 is amended as follows.

2

Omit subsections (1) to (4).

3

In subsection (7) for the words from “such” to the end substitute “any other person that the Welsh Ministers consider appropriate.”

4

In subsection (8)—

a

in paragraph (b) for “persons or bodies” substitute “persons”;

b

for paragraph (c) substitute—

c
any other person that the Welsh Ministers consider appropriate.

5

In the heading at the end insert “: Wales”.

I701 I667 I88018

In section 15 after subsection (2) insert—

3
As regards a requirement of a kind mentioned in subsection (1), the regulator must consult the fire and rescue authority before exercising the power under section 8(3A) in relation to any premises or proposed premises.

I19 I699 I88119

For the heading before section 16 substitute “Building control approval”.

I118 I74520

Omit sections 16 and 17.

I77 I18121

I8821

Section 19 is amended as follows.

I8822

For “local authority”, in each place it occurs except subsection (1), substitute “building control authority”.

3

In subsection (1)—

a

for the words from the beginning to “plans show” substitute “Where an application for building control approval in respect of a proposed building is made to a building control authority, and it appears”;

b

for “plans conform” substitute “application conforms”;

c

in paragraph (a) for “the plans” substitute “the application”;

d

in paragraph (b) for “passing the plans” substitute “granting the application”.

4

In subsection (2)—

a

for “plans ought under the building regulations to have been deposited, but have not been deposited,” substitute “an application for building control approval ought to have been made but was not made”;

b

in paragraph (b) for “passing of plans for the building” substitute “granting of such an application”.

5

In subsection (4) for “plans” substitute “an application”.

in paragraph (a) for the words from “plans” to “deposited with” substitute “an application for building control approval in respect of a building or an extension of a building is made to”;

b

in the words after paragraph (b) for “plans” substitute “application”.

4

In subsection (2) for “plans are deposited” substitute “an application for building control approval is made”.

I574 I55227

I8881

Section 25 is amended as follows.

I8882

For “local authority”, in each place it occurs, substitute “building control authority”.

3

In subsection (1)—

a

for “plans of a house are, in accordance with building regulations, deposited with” substitute “an application for building control approval in respect of a house is made to”;

b

for “the plans” substitute “the application”.

4

In subsection (2)—

a

for “plans are deposited” substitute “an application for building control approval is made”;

b

for “pass the plans” substitute “grant the application”.

5

In subsection (3) for “plans as aforesaid have been passed” substitute “application has been granted”.

I85 I15128

Omit section 31 (and the heading before it).

I470 I71429

In the heading before section 32 for “deposit of plans” substitute “building control approval”.

I246 I752 I88930

1

Section 33 is amended as follows.

2

For subsections (1) and (2) substitute—

1
Where work to which building regulations are applicable is proposed or carried out, the building control authority has the powers under subsection (2) for the purpose of ascertaining whether any provision of building regulations is or would be contravened—
a
by or in connection with the work, or
b
in relation to the building that the work has been, is being or will be carried out on.
2
The powers are—
a
to require a person by whom or on whose behalf the work was, is being, or is proposed to be done to carry out such reasonable tests of or in connection with the work, or in relation to the building, as may be specified in the requirement, or
b
to carry out any reasonable tests of or in connection with the work, or in relation to the building, and to take any samples necessary to enable them to carry out such a test.

3

After subsection (3) insert—

3A
The tests that may be required or carried out under subsection (2) include in particular tests involving—
a
the cutting into or laying open of any work or any building, and
b
the pulling down of any work.

4

In subsections (4), (5) and (6) for “local authority”, in each place it occurs, substitute “building control authority”.

I208 I40731

Omit section 35A.

I196 I30932

1

Section 36 is amended as follows.

2

In subsections (1) to (3) for “local authority”, in each place it occurs, substitute “building control authority”.

3

In subsection (1) after “those regulations” insert “or a requirement imposed by virtue of any of those regulations”.

4

In subsection (2)—

a

for “any section of this Part of this Act other than section 16” substitute “any of sections 19 to 25”;

b

for “plans”, in the first place it occurs, substitute “an application for building control approval”;

c

for paragraphs (a) and (b) (including the “or” at the end of paragraph (b)) substitute—

a
without such an application having been made,
b
notwithstanding the refusal of such an application, or

d

in paragraph (c) for “passed the plans” substitute “granted such an application”;

e

in paragraph (ii) for “passing plans” substitute “granting such an application”.

5

For subsection (5) substitute—

5
Subsection (5A) applies where—
a
an application for building control approval is made to a building control authority in respect of any work that is not higher-risk building work,
b
the application is granted, and
c
work that is shown on the plans approved by the granting of the application (“the work”) is executed in accordance with—
i
the plans, and
ii
any requirement imposed by the building control authority.
5A
A section 36 notice may not be given on the ground that the work contravenes—
a
any building regulations or any requirement imposed by virtue of the regulations, or (as the case may be)
b
any requirement under any of sections 19 to 25.

6

In subsection (6)—

a

for “does” substitute “, and sections 35B and 35C, do”;

b

for “local authority”, in the first place it occurs, substitute “building control authority”;

c

after “Attorney General” insert “, the Counsel General to the Welsh Government”;

d

for paragraphs (a) to (c) substitute—

a
an application for building control approval was made to the local authority in respect of the work,
b
the application was granted,
c
the work was executed in accordance with—
i
the plans approved by the granting of the application, and
ii
any requirement imposed by the authority, and
d
the work was not higher-risk building work,

I722 I344 I89033

In section 37(1) for “local authority”, in each place it occurs, substitute “building control authority”.

I178 I646 I89134

In section 39(1) and (2) for “local authority”, in each place it occurs, substitute “building control authority”.

I191 I314 I89235

In section 40(2), (3) and (6) for “local authority”, in each place it occurs, substitute “building control authority”.

I508 I136 I89336

In section 41(1)(a) for the words from “under this” to the end substitute “under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part,”.

I345 I39 I89437

In section 42(1) for “local authority”, in both places it occurs, substitute “building control authority”.

I66638

Omit sections 44 and 45 (and the heading before section 44).

I343 I672 I89539

In the heading of Part 2 for “LOCAL AUTHORITIES” substitute “BUILDING CONTROL AUTHORITIES”.

I70940

I94 I256 I111

Section 47 is amended as follows.

I3752

In subsection (2)—

a

for “plans of it had been deposited with” substitute “an application for building control approval in respect of it had been made to”;

b

for “passing the plans” substitute “granting the application”.

I89 I2563

After subsection (3) insert—

3A
Subsection (3) does not apply in prescribed circumstances.

I12 I52441

I8961

Section 48 is amended as follows.

I8962

for “passing the plans” substitute “granting the application”.

I167 I5223

After subsection (5) insert—

5A
Subsection (5) does not apply in prescribed circumstances.

I107 I46443

In section 51B(1)—

a

in paragraph (a) for “deposit of plans” substitute “making of an application for building control approval”;

b

in paragraph (b) for “passing or, as the case may be, the rejection of plans” substitute “approval or rejection of the application”;

c

in paragraph (c)—

i

in the words before sub-paragraph (i) for “deposited plans” substitute “plans treated as accompanying the application for building control approval”;

ii

in sub-paragraph (ii) for “the deposited plans” substitute “accompanying the application”;

d

in paragraph (d) for the words from “, the cancellation” to the end substitute “and the initial notice ceases to be in force under section 53A, the application for building control approval (treated by virtue of paragraph (a) as made) is to be treated as if it was not made (and the approval was not given).”

I353 I89744

I307 I9591

Section 52 is amended as follows.

I3792

In subsection (4) omit “not exceeding level 5 on the standard scale”.

I8983

In subsection (6) for “(5)” substitute “(5A)”.

I277 I48745

In section 53 omit subsections (6) and (6A).

I20746

I134 I28 I3921

Section 54 is amended as follows.

I67 I282

In subsection (1) for “Secretary of State” substitute “appropriate national authority”.

I2203

In subsection (2)—

a

for “plans of it had been deposited with” substitute “an application for building control approval in respect of it had been made to”;

b

for “passing the plans” substitute “granting the application”.

I547 I213 I89947

In section 56(3) for the words from “, public body’s final certificates” to the end substitute “and public body’s final certificates.”

I693 I265 I90048

1

Section 57 is amended as follows.

2

In subsection (1)(a)(i) for the words from “of this Act” to the end (not including the “and”) substitute “or a provision of building regulations that is designated by the regulations for the purposes of this section,”.

3

In subsection (2)(a) omit “not exceeding the statutory maximum”.

I16 I660 I90149

Omit section 58(2).

I143 I451 I59650

In section 68(8)(b) for “Secretary of State” substitute “appropriate national authority”.

I633 I335 I40151

In section 78(7)(b) omit “and (3) below”.

I337 I903 I90252

In section 86(1)(a) for the words from “under this” to the end substitute “under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part,”.

I334 I349 I24453

In section 90(2) for “Secretary of State” substitute “appropriate national authority”.

I95 I668 I90454

In the italic heading before section 91 at the end insert “etc”.

I12455

I537 I49 I3841

Section 91A is amended as follows.

I649 I9052

In subsections (1), (2) and (4) for “local authority”, in each place it occurs, substitute “relevant authority”.

I6493

In subsection (2)(a) omit “, or deposited with,”.

4

In subsection (5)—

I635 I49a

in the definition of “prescribed” for “Secretary of State” substitute “appropriate national authority”;

I649 I905b

insert at the appropriate place—

“relevant authority” means a local authority or the regulator.

I649 I9055

In the heading after “local authorities” insert “and the regulator”.

I635 I496

Omit subsections (6) to (8).

I31 I90656

After section 91A insert—

91BCooperation and the sharing of information: Wales
1
Relevant persons (as defined by subsection (7)) must cooperate with each other in the exercise of any of the following functions—
a
any function of a local authority under this Act,
b
any function of a Welsh fire and rescue authority under—
i
section 6 or 7 of the Fire and Rescue Services Act 2004, or
ii
the Regulatory Reform (Fire Safety) Order 2005, and
c
any function of a fire inspector under that Order.
2
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.
3
The Welsh Ministers and a relevant person must cooperate with each other in the exercise of any of the following functions—
a
a function of the Welsh Ministers under Part 2A;
b
a function mentioned in the relevant paragraph of subsection (1).
4
The Welsh Ministers may disclose information held in connection with a function under Part 2A to a relevant person for the purposes of—
a
a function of the Welsh Ministers under Part 2A, or
b
a function mentioned in the relevant paragraph of subsection (1).
5
A relevant person may disclose information held in connection with a function mentioned in the relevant paragraph of subsection (1) to the Welsh Ministers for the purposes of—
a
a function mentioned in the relevant paragraph of subsection (1), or
b
a function of the Welsh Ministers under Part 2A.
6
In subsections (3) to (5) “the relevant paragraph” of subsection (1), in relation to a kind of relevant person, means the paragraph of subsection (1) relating to a relevant person of that kind.
7
In this section—
“fire inspector” means an inspector or assistant inspector appointed under section 28(1) of the Fire and Rescue Services Act 2004;
“relevant person” means a local authority in Wales, Welsh fire and rescue authority or fire inspector;
“relevant function” means—
a
in relation to a local authority, any function of a local authority under—
i
the Prevention of Damage by Pests Act 1949,
ii
Part 2 of the Public Health Act 1961,
iii
Part 11 of the Local Government (Miscellaneous Provisions) Act 1982,
iv
Part 3 of the Environmental Protection Act 1990,
v
Parts 1 to 4 of the Housing Act 2004, or
vi
this Act,
or any prescribed function of a local authority;
b
in relation to a Welsh fire and rescue authority, any function of such an authority under—
i
the Fire and Rescue Services Act 2004, or
ii
the Regulatory Reform (Fire Safety) Order 2005,
or any prescribed function of such an authority;
c
in relation to a fire inspector, any function of a fire inspector under the Regulatory Reform (Fire Safety) Order 2005;
“Welsh fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in Wales.
8
Except as provided by subsection (9), the disclosure of information under this section does not breach—
a
any obligation of confidence owed by the person making the disclosure, or
b
any other restriction on the disclosure of information (however imposed).
9
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).

I37757

I438 I78 I1481

Section 92 is amended as follows.

I348 I9072

In subsection (1) after “authority”, in both places it occurs, insert “or the regulator”.

I55 I783

In subsection (2)—

a

for “Secretary of State” substitute “appropriate national authority”;

b

omit “made by statutory instrument”.

I685 I292 I90858

1

Section 94 is amended as follows.

2

The existing provision becomes subsection (1) of that section.

3

In that subsection—

a

in the words before paragraph (a) after “made by” insert “or under”;

b

after paragraph (b) insert—

ba
in the case of an authorised officer of the regulator, by—
i
leaving it at the relevant address (see subsection (2)), or
ii
sending it in a prepaid letter addressed to the officer at the relevant address;

c

in paragraph (c) for “other person” substitute “person other than an officer of a local authority or an authorised officer of the regulator”;

d

after paragraph (c) insert—

ca
in the case of a partnership, by—
i
delivering it to any partner,
ii
leaving it at the principal office of the partnership, or
iii
sending it in a prepaid letter addressed to the partnership at its principal office;

e

after paragraph (f) insert—

g
by sending it by email to an electronic address at which the person has agreed to receive documents or has agreed to receive the document.

4

After that subsection insert—

2
In subsection (1)—
“agreed” means agreed in writing;
“authorised officer” means a person in respect of whom an authorisation under section 22 of the Building Safety Act 2022 is in force;
“the relevant address” means—
a
the address specified by the officer in writing, or
b
if no address has been specified, the principal office of the regulator.

I655 I184 I90959

Omit section 94A.

I472 I319 I91060

In section 95 after subsection (2) insert—

2A
Subsections (1) and (2) do not apply in relation to premises used wholly or mainly as a private dwelling.

I762 I364 I91161

In section 97 after “authority” insert “or the regulator”.

I59 I29 I91262

In section 99(2)(a) after “authority” insert “or the regulator (as the case may be)”.

I260 I425 I91363

1

Section 100 is amended as follows.

2

For “local authority”, in each place it occurs, substitute “relevant authority”.

3

After subsection (3) insert—

4
In this section “relevant authority” means a local authority or the regulator.

I312 I505 I91464

1

Section 101 is amended as follows.

2

In subsection (1) for “local authorities” substitute “any relevant authority”.

3

In subsection (2) for “local authority” substitute “relevant authority”.

4

After that subsection insert—

3
In this section “relevant authority” means a local authority or the regulator.

I150 I389 I91565

In section 102(3)(b)(ii) after “authority” insert “or the regulator”.

I644 I87 I91666

1

Section 104 is amended as follows.

2

6
In this section “relevant authority” means a local authority or the regulator.

I774 I474 I91869

1

Section 108 is amended as follows.

2

For “local authority”, in each place it occurs, substitute “relevant authority”.

3

After subsection (4) insert—

5
In this section “relevant authority” means a local authority or the regulator.

I558 I350 I91970

1

Section 110 is amended as follows.

2

In the existing provision (which becomes subsection (1) of that section) for “local authority”, in each place it occurs, substitute “relevant authority”.

3

After that subsection insert—

2
In this section “relevant authority” means a local authority or the regulator.

I515 I317 I46571

In section 111 for “Secretary of State” substitute “appropriate national authority”.

I270 I82 I92072

1

Section 112 is amended as follows.

2

The existing provision becomes subsection (1) of that section.

3

In that subsection for “level 1” substitute “level 3”.

4

After that subsection insert—

2
Subsection (1) does not apply where the person obstructed is an authorised officer (within the meaning of section 22 of the Building Safety Act 2022).

I174 I565 I92173

In section 113(b) after “authority” insert “, the regulator, the Welsh Ministers, the Counsel General to the Welsh Government”.

I25174

I310 I76 I1421

Section 119 is amended as follows.

I209 I762

In the existing provision (which becomes subsection (1) of that section)—

a

for “Secretary of State” substitute “appropriate national authority or the regulator”;

b

for “he” substitute “it”.

I147 I9223

After that subsection insert—

2
Section 250 of the Local Government Act 1972 (power to direct inquiries) applies in relation to a local inquiry caused to be held by the regulator as it applies in relation to one caused to be held by the Secretary of State.

I695 I469 I5075

In the italic heading before section 120 at the end insert “and regulations”.

I51676

I690 I175 I3671

Section 120 is amended as follows.

I395 I9232

In subsection (1) for the words from “section” to “this Act,” substitute “section 134(1)”.

I700 I1753

In subsection (2)—

a

omit “30(3) above or”;

b

after “Secretary of State” insert “or Welsh Ministers”;

c

for “him” substitute “the Secretary of State or Welsh Ministers”.

I432 I645 I665 I744 I9077

After section 120 insert—

120ARegulations
1
This section applies to regulations under section 54A, 55, 56A, 56B, 90A, 91A, 92, 105B, 105C, 120D, 120I or 125A.
2
A power to make regulations includes power to make—
a
consequential, supplementary, incidental, transitional, transitory or saving provision;
b
different provision for different purposes or for different areas.
3
Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic.
4
Regulations under section 54A may make such consequential amendments of this Act as the appropriate national authority considers appropriate.
5
Regulations under section 90A may make such consequential amendments of this Act as the Secretary of State considers appropriate.
6
Regulations are to be made by statutory instrument.
7
A statutory instrument containing (whether alone or with other provision)—
a
regulations under section 54A, 90A, 105C or 125A, or
b
regulations under section 120D (2)(b) or (6), or regulations made by virtue of section 120D (4)(c),
may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
8
Any other statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
9
A statutory instrument containing (whether alone or with other provision) regulations under section 54A, 120I(2) or 125A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.
10
Any other statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.
120BProposals and consultation relating to regulations made by the Secretary of State
1
The regulator may at any time make proposals to the Secretary of State for the making of regulations under this Act.
2
Before making a proposal, the regulator must consult such persons as it considers appropriate.
3
Before making any regulations under this Act, other than regulations proposed by the regulator, the Secretary of State must consult—
a
the regulator, and
b
any other person that the Secretary of State considers appropriate.
4
This section does not apply in relation to regulations under section 120D.
120CConsultation relating to regulations made by the Welsh Ministers
1
Before making any regulations under this Act except building regulations or regulations under section 120I, the Welsh Ministers must consult such persons as they consider appropriate.
2
Before making any regulations under section 120I, the Welsh Ministers must consult—
a
the Building Regulations Advisory Committee for Wales, and
b
any other person that the Welsh Ministers consider appropriate.
3
See also section 14 (consultation requirements for building regulations).

I161 I103 I16678

1

Section 121 is amended as follows.

2

In subsection (2) for “Secretary of State” substitute “appropriate national authority”.

3

After subsection (3) insert—

4
Nothing in this section applies in relation to section 120D or 120I.

I442 I64279

Omit section 124.

I48 I444 I433 I680 I92480

After section 125 insert—

125AMeaning of work
1
In the relevant provisions references to work include a material change of use as defined by building regulations.
2
The appropriate national authority may by regulations provide that in a specified relevant provision references to work include any specified matter.
3
“Relevant provision” means any provision of the following—
a
Part 1 except sections 2(3) to (5), 20(9), 21(7), 22(2), 33(3A), 36, 37 and paragraph 1G of Schedule 1;
b
Part 2;
c
Part 2A;
d
sections 91ZA to 91ZD;
e
section 101A;
f
section 105C;
g
section 120I (3).
4
In this section “specified” means specified by regulations under this section.

I61881

I735 I324 I3271

Section 126 is amended as follows.

I330 I362 I589 I327 I9252

At the appropriate place insert—

“appropriate court or tribunal” means—
a
in relation to England, the tribunal;
b
in relation to Wales, a magistrates’ court;

“appropriate national authority” means—
a
in relation to England, the Secretary of State;
b
in relation to Wales, the Welsh Ministers;

“building control approval” has the meaning given by paragraph 1B of Schedule 1;

““building control authority” has the meaning given by section 121A;

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

“higher-risk building”—
a
in relation to England, has the meaning given by section 120D;
b
in relation to Wales, has the meaning given by section 120I;

““higher-risk building work”—
a
in relation to England, has the meaning given by section 91ZA;
b
in relation to Wales, has the meaning given by section 120I;

““maximum summary term for either-way offences”, with reference to imprisonment for an offence, means—
a
if the offence is committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;
b
if the offence is committed after that time, 12 months;

““the regulator” means the Health and Safety Executive;

““the tribunal” means the First-tier Tribunal;

I72 I9263

Omit the definition of “relevant period”.

I556 I284 I11782

In section 134 after subsection (1) insert—

1A
Except so far as relating to the provisions listed in subsection (1B), the reference in subsection (1) to the Secretary of State is to be read, in relation to Wales, as a reference to the Welsh Ministers.
1B
The provisions mentioned in subsection (1A) are sections 38, 44, 45 and 133(2) and Schedule 7.

I62883

I201 I289 I580 I6841

Schedule 1 is amended as follows.

I557 I5802

In paragraph 1(b) for “Secretary of State” substitute “appropriate national authority”.

I200 I641 I684 I9273

Omit paragraphs 2 to 5.

I494 I8254

In paragraph 6—

a

for “local authorities”, in both places it occurs, substitute “building control authorities”;

b

for “local authority” substitute “building control authority”.

I494 I8255

In paragraph 7A(4) for “under paragraph 4A” substitute “by virtue of paragraph 1A”.

I494 I8256

In paragraph 8—

a

in sub-paragraph (1)(e) omit the words “for the purposes of this paragraph”;

b

in sub-paragraph (2) for “(6)” substitute “(7)”;

c

after sub-paragraph (6) insert—

7
The provision that may be made by building regulations includes provision imposing a requirement to do things for the purpose mentioned in section 1(1)(b) (conserving fuel and power) in any case where a building becomes a building of a prescribed description.

I557 I5807

Omit paragraph 9.

I295 I5808

For paragraph 10 substitute—

10
1
Building regulations may make supplementary, incidental, transitional, transitory or saving provision.
2
Building regulations may make—
a
different provision for different purposes, and
b
different provision for different areas.
3
The power conferred by sub-paragraph (2)(a) includes in particular the power to make different provision for—
a
higher-risk buildings or proposed higher-risk buildings, or
b
higher-risk building work,
and different provision for different descriptions of such buildings or work.
4
Nothing in sub-paragraph (3) is to be read as limiting the effect of section 34 (classification of buildings).

I557 I5809

In paragraph 11 for “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.

I5784

I661 I607 I6191

Schedule 2 is amended as follows.

I232 I9282

For “local authority”, in each place it occurs, substitute “building control authority”.

I525 I6073

In paragraphs 2 and 3(5) for “Secretary of State” substitute “appropriate national authority”.

I91 I10685

In Schedule 3, in paragraph 4 for “section 14(3)” substitute “section 120B (3)”.

I712 I415 I92986

In Schedule 4, in paragraph 4 omit sub-paragraph (6).

Part 2Other amendments

I332 I43087Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2 to the Parliamentary Commissioner Act 1967, omit the entry relating to the Building Regulations Advisory Committee for England.

I68 I40288Freedom of Information Act 2000 (c. 36)

In Schedule 1 to the Freedom of Information Act 2000, in Part 6 omit the entry relating to the Building Regulations Advisory Committee for England.

I4089Sustainable and Secure Buildings Act 2004 (c. 22)

1

The Sustainable and Secure Buildings Act 2004 is amended as follows.

2

In section 3 omit subsections (8) and (9).

3

In section 4 omit subsection (4).

I233 I9790The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)

1

The Regulatory Reform (Fire Safety) Order 2005 is amended as follows.

2

Omit article 45.

3

In article 52(1) omit sub-paragraph (k).

Schedule 6Appeals and other determinations

Section 56

I101 I308 I9301Introduction

The Building Act 1984 is amended as follows.

Transfer from Secretary of State to the regulator

I478 I497 I9312

In section 10(6) (procedure where appeal against decision of local authority under section 8) for the words from “to the Secretary of State” to the end substitute

copies of the representations to—
a
the regulator, in the case of a local authority for an area in England;
b
the Welsh Ministers, in the case of a local authority for an area in Wales.

I386 I22 I9323

1

Section 20 (use of materials unsuitable for permanent building) is amended as follows.

2

In subsection (5) omit the words from “to the Secretary of State” to the end.

3

After that subsection insert—

5A
The appeal is to be made to—
a
the regulator, in the case of action by a local authority for an area in England;
b
the tribunal, in the case of action by the regulator;
c
the Welsh Ministers, in the case of action by a local authority for an area in Wales.

I636 I153 I9334

1

Section 39 (appeal against refusal to relax building regulations) is amended as follows.

2

In subsection (1) omit “to the Secretary of State”.

3

After that subsection insert—

1A
The appeal is to be made to—
a
the regulator, in the case of a refusal by a local authority for an area in England;
b
the tribunal, in the case of a refusal by the regulator;
c
the Welsh Ministers, in the case of a refusal by a local authority for an area in Wales.

4

Omit subsections (3) to (6).

I498 I237 I9345

1

Section 42 (appeal and statement of case to High Court in certain cases) is amended as follows.

2

Before subsection (1) insert—

A1
Where the Secretary of State gives a decision on an application for a direction under section 8, any of the following may appeal to the High Court against the decision on a point of law—
a
the applicant;
b
the local authority;
c
the registered building control approver.

3

In subsection (1)—

a

for “Secretary of State gives” substitute “Welsh Ministers give”;

b

for paragraph (b) (not including the “or” at the end) substitute—

b
on an appeal under section 50,

4

In subsection (2) for paragraph (b) substitute—

b
as regards an appeal under section 50, the person on whose application the appeal was made,

5

In subsection (3)—

a

omit “, reference”;

b

after “subsection” insert “(A1) or”;

c

in paragraph (a) for “Secretary of State” substitute “appropriate national authority”.

6

In subsection (4) for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.

7

Omit subsection (7).

I399 I99 I9356

Omit section 43 (procedure on appeal to Secretary of State on certain matters).

I382 I3887

After that section insert—

43AAppeals under sections 20, 39 and 50: England
1
This section applies to an appeal to the regulator or the tribunal made under section 20(5), 39 or 50(2).
2
On determining the appeal, the regulator or the tribunal may give any directions it considers appropriate for giving effect to its determination.
3
Where the appeal is determined by the regulator, a relevant person may appeal to the tribunal against the regulator’s decision (and subsection (2) applies in relation to this appeal).
4
“Relevant person” means—
a
the appellant;
b
the local authority or registered building control approver.

I708 I53 I9368

In section 50 (plans certificates) for subsections (2) and (3) substitute—

2
If a registered building control approver refuses to give a plans certificate on being asked to do so, the person intending to carry out the work may appeal to—
a
the regulator, in the case of work to be carried out in England;
b
the Welsh Ministers, in the case of work to be carried out in Wales.

Transfer from magistrates’ court to the tribunal: England

I286 I740 I9379

In the following provisions for “a magistrates’ court” substitute “the appropriate court or tribunal”—

a

section 19(4) (use of short-lived materials);

b

section 21(3), (4) and (6) (provision of drainage);

c

section 22(4) (drainage of buildings in combination);

d

section 24(2) (provision of exits etc);

e

section 25(2) and (5) (provision of water supply);

f

section 33(6) (tests for conformity with building regulations);

g

section 36(3) (period for compliance with section 36 notice);

h

section 40(1) (appeal against section 36 notice);

i

section 55(1) (appeal against rejection of certain notices);

j

section 62(2) (disconnection of drain);

k

section 68(3) (erection of public conveniences);

l

section 73(2) (raising of chimney);

m

section 75(2), in both places it occurs, and section 75(3) (cellars etc below subsoil);

n

section 77(1), in both places it occurs (dangerous buildings);

o

section 78(7)(a) (dangerous buildings - emergency measures);

p

section 85(3) (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) (notification requirement as regards right of appeal);

t

in Schedule 2, paragraph 3 (3) (application under section 8).

I273 I100 I93810

In section 7(2)(b) after “court” insert “or tribunal”.

I720 I753 I93911

In section 25(5) after “the court”, in both places it occurs, insert “or tribunal”.

I479 I526 I94012

In section 33(6) after “the court”, in both places it occurs, insert “or tribunal”.

I240 I670 I94113

In section 37(3) for “a court” substitute “the appropriate court or tribunal”.

I355 I154 I94214

In section 40 after “the court”, in each place it occurs, insert “or tribunal”.

I132 I604 I94315

In section 55(2) after “court” insert “or tribunal”.

I675 I10 I94416

In section 62(2) after “the court” insert “or tribunal”.

I391 I475 I94517

In section 64(5)(b) after “court” insert “or tribunal”.

I135 I27 I94618

In section 70(4)(b) after “court” insert “or tribunal”.

I411 I724 I94719

In section 75(2) after “court” insert “or tribunal”.

I512 I770 I94820

In section 77(1) after “court” insert “or tribunal”.

I530 I73 I94921

In section 78(7)(b) after “court” insert “or tribunal”.

I272 I61 I95022

In section 83(3)(b) after “court” insert “or tribunal”.

I369 I400 I95123

In section 98—

a

for “a complaint” substitute “an application or (as the case may be) complaint”;

b

after “court” insert “or tribunal”.

I202 I662 I95224

In section 102(2), (3) and (4) after “court”, in each place it occurs, insert “or tribunal”.

I538 I372 I95325

1

Section 103 is amended as follows.

2

After subsection (1) insert—

1A
Subsections (2) and (3) apply—
a
where this Act provides for an appeal to the tribunal against a requirement, refusal or other decision of a relevant authority, and
b
in relation to an appeal of a kind mentioned in subsection (1)(a).

3

In subsection (2)—

a

for “local” substitute “relevant”;

b

after “making of the” insert “application or”.

4

In subsection (3) “local” substitute “relevant”.

5

After that subsection insert—

4
In this section “relevant authority” means a local authority or the regulator.

6

In the heading for “magistrates’ court” substitute “appropriate court or tribunal”.

I543 I397 I95426

In section 104 after “court”, in both places it occurs, insert “or tribunal”.

I548 I8 I95527

In section 105 after “court” insert “or tribunal”.

I86 I241 I95628

In Schedule 2 in paragraph 2(b) after “court” insert “or tribunal”.

I217 I23529Enforcement

After section 105 insert—

105AEnforcement of decisions of the First-tier and Upper Tribunal
1
A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this Act is enforceable with the permission of the county court in the same way as an order of that court.
2
Subsection (1) does not apply to a decision of the First-tier Tribunal or Upper Tribunal ordering the payment of a sum (as to which see section 27 of the Tribunals, Courts and Enforcement Act 2007 (enforcement)).

I418 I630 I500 I608 I95730Appeal: local authority decision not to consider application etc

After section 101 insert—

Appeal against refusal to consider application etc
101AAppeal: refusal to consider application etc on ground is higher-risk building work
1
This section applies where—
a
a local authority for an area in England refuses to consider an application for building control approval, or
b
a local authority refuses to consider an initial notice (within the meaning of section 47) or an amendment notice (within the meaning of section 51A),
on the ground that all or part of the work to which the application or notice relates is higher-risk building work.
2
The person intending to carry out the work may appeal to the appropriate national authority, before the end of the prescribed period, on the ground that none of the work is higher-risk building work.
3
Building regulations may make provision about appeals under this section, including in particular provision—
a
about the making of an appeal;
b
requiring an appellant to notify the local authority of the making of an appeal;
c
imposing duties on the local authority in cases where an appeal is made;
d
for and in connection with the appropriate national authority appointing a person to determine the appeal (including provision conferring functions on that person and providing that their decision is treated as the decision of the appropriate national authority);
e
about the procedure to be adopted in connection with the determination of the appeal.
4
The provision that may be made by virtue of subsection (3)(a) includes provision about—
a
the form and content of a notice of appeal;
b
the information and documents that are to accompany a notice of appeal;
c
the way in which a notice of appeal, and anything that is to accompany it, is to be given.
5
The decision made on the appeal is final (subject to subsection (6)).
6
The appellant or the local authority may, before the end of the prescribed period and with the permission of the High Court, appeal to the High Court against the decision of the appropriate national authority on a point of law.

Schedule 7Special measures

Section 102

I567 I8021Introductory

In this Schedule—

“special measures manager” means a person appointed under paragraph 4;
“special measures order” means an order under paragraph 4.

The duty under sub-paragraph (2), (4), (5)(b) or (7) does not apply in relation to a person mentioned in sub-paragraph (2) if the regulator—

a

is not aware of the person, and

b

has taken all reasonable steps to ascertain the identity of the persons mentioned in that sub-paragraph.

10

In this paragraph—

“financial management proposal” has the meaning given by paragraph 3;
“relevant part”, in relation to a higher-risk building, means any part of the building except premises occupied for the purposes of a business.

11

The Secretary of State may by regulations make provision in relation to notices under this paragraph, including in particular provision about—

a

the form of the notice;

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).

I716 I8043Meaning of “financial management proposal”

1

In this Schedule “financial management proposal”, in relation to a higher-risk building, means a document setting out—

a

an estimate of the relevant expenses the regulator expects a special measures manager for the building to incur (including a reasonable amount in respect of contingencies),

b

the measures to which the relevant expenses relate, and

c

if there is more than one accountable person for the building—

i

the regulator's proposed apportionment of the relevant expenses between them, and

ii

the reasons for that proposal (including any calculation giving rise to it).

2

In this Schedule “relevant expenses” means expenses incurred by the special measures manager for a higher-risk building in connection with the exercise of their functions in relation to the building.

I239 I8054Special measures order

1

The regulator may apply to the tribunal for an order under this paragraph in relation to an occupied higher-risk building (a “special measures order”).

2

A special measures order is an order appointing a person to be the manager (a “special measures manager”) for the building to carry out the functions of all accountable persons for the building under, or under regulations made under, this Part.

3

A special measures order may also appoint the manager to carry out any function as a receiver in relation to commonhold building safety assessments.

4

The tribunal may make a special measures order if satisfied that there has been a serious failure, or a failure on two or more occasions, by an accountable person for the building to comply with a duty imposed on that person under, or under regulations made under, this Part.

5

A special measures order may make provision with respect to—

a

payments to be made by an accountable person for the building to the special measures manager in connection with relevant expenses incurred, or to be incurred, by the manager,

b

any other matter relating to the exercise of the manager’s functions, and

c

any incidental or ancillary matter.

6

A special measures order may not make the provision mentioned in sub-paragraph (5)(a) in relation to a higher-risk building on commonhold land.

7

A special measures order continues in force until it is discharged.

8

In this Schedule “commonhold building safety assessment” means income raised from commonhold unit-holders by virtue of section 38A of the Commonhold and Leasehold Reform Act 2002.

I137 I8065Special measures order: supplementary

1

This paragraph applies where a special measures order is made in relation to a higher-risk building.

2

While the order is in force any function of an accountable person for the building under, or under regulations made under, this Part is to be treated as a function of the special measures manager for the building, except any function relating to—

a

the making of an application to the tribunal, or

b

the making of an appeal to the tribunal.

3

Any compliance notice given under section 99 relating to the building ceases to have effect (but this does not affect any liability incurred as a result of a contravention of a compliance notice occurring before the making of the order).

2

The tribunal may amend the section 24 order so as to ensure that the functions to be carried out by virtue of that order do not include any function that the special measures order provides is to be carried out by the special measures manager.

3

In section 24 of the Landlord and Tenant Act 1987, after subsection (2B) insert—

2C
Where a special measures order relating to the building is in force, an order under this section may not provide for a manager to carry out a function which the special measures order provides is to be carried out by the special measures manager for the building.
2D
In this section—
“special measures manager” means a person appointed under paragraph 4 of Schedule 7 to the Building Safety Act 2022;
“special measures order” means an order under paragraph 4 of Schedule 7 to the Building Safety Act 2022.

I199 I8109

1

The Landlord and Tenant Act 1987 is amended as follows.

2

In section 21(2) after “subsection (3)” insert “and section 24ZA”.

3

After section 24 insert—

24ZAApplication for appointment of manager by special measures manager
1
A special measures manager for an occupied higher-risk building may apply to the appropriate tribunal for an order under section 24 (as modified by subsection (4)) appointing a manager to act in relation to premises to which this section applies.
2
This section applies to premises consisting of the whole or part of the higher-risk building if the building or part contains two or more flats.
3
Section 22 applies in relation to such an application as if—
a
for subsection (1) there were substituted—
1
Before an application for an order under section 24 is made in respect of any premises to which section 24ZA applies by a special measures manager for an occupied higher-risk building, a notice under this section must (subject to subsection (3)) be served by the special measures manager on—
a
the landlord;
b
any person (other than the landlord) by whom obligations relating to the management of the premises or any part of them are owed to tenants of flats contained in those premises under a tenancy;
c
each accountable person for the higher-risk building.
b
for subsection (2)(a) there were substituted—
a
specify the special measures manager’s name and an address in England and Wales at which any person on whom the notice is served may serve notices, including notices in proceedings, on the special measures manager in connection with this Part;
c
in subsection (2)(b)—
i
for “tenant” there were substituted “special measures manager”;
ii
for “this Part” there were substituted “section 24ZA”;
d
in subsection (2)(c) for “tenant” there were substituted “special measures manager”.
4
Section 24 applies in relation to such an application as if—
a
in subsection (1) for “this Part” there were substituted “section 24ZA”;
b
for subsection (2) there were substituted—
2
The appropriate tribunal may only make an order under this section where it is satisfied—
a
that—
i
the relevant person is in breach of any obligation owed by the person to the special measures manager by virtue of a special measures order, and
ii
it is just and convenient to make the order in all the circumstances of the case; or
b
that other circumstances exist which make it just and convenient for the order to be made.
c
subsections (2A), (2B) and (10) were omitted.
5
In this section “special measures manager” has the meaning given by section 24(2D).

I66 I81110Provision of financial assistance by regulator

1

The regulator may give financial assistance to the special measures manager for a higher-risk building by way of loans or grants.

2

The Secretary of State may by regulations make provision in relation to financial assistance given under this paragraph, including in particular provision about—

a

the circumstances in which financial assistance may be given;

b

the kind of financial assistance that may be given;

c

conditions that may or must be attached to any financial assistance (including conditions as to repayment).

3

In this paragraph “special measures manager”, in relation to a higher-risk building, includes the person who was the special measures manager for that building immediately before the special measures order relating to the building was discharged.

I723 I81211Special measures order: further directions

1

This paragraph applies while a special measures order relating to a higher-risk building is in force.

2

On an application by a person mentioned in sub-paragraph (3) the tribunal may give directions to the special measures manager for the building or any other person with respect to—

a

any matter relating to the exercise of the manager’s functions, and

b

any incidental or ancillary matter.

3

The persons are—

a

the regulator,

b

an accountable person for the building, or

c

the manager.

I706 I81312Regulator to keep certain matters under review

1

This paragraph applies while a special measures order relating to a higher-risk building is in force.

2

The regulator must, from time to time (and at least once every 12 months), review the following matters—

a

the measures taken by the special measures manager in exercising the manager’s functions;

b

the expenses incurred by the manager in connection with taking those measures;

c

any payments made by accountable persons for the building to the manager in respect of any of those expenses;

d

any amounts received by the manager by way of commonhold building safety assessments in relation to the building.

3

If, on such a review, the regulator considers that any term of the order should be varied, it must make such application under paragraph 14 as it considers appropriate.

I590 I81413Notification by regulator before applying to vary special measures order

1

This paragraph applies where the regulator proposes to make an application under paragraph 14 to vary a special measures order relating to a higher-risk building.

2

The regulator must give a notice (an “initial notice”) of the proposal to—

a

each accountable person for the building,

b

each resident of the building who is aged 16 or over,

c

each owner of a residential unit in the building,

d

any managing agent for the building or any relevant part of the building,

e

any recognised tenants’ association for the building or any part of the building,

f

any manager appointed under section 24 of the Landlord and Tenant Act in relation to the building or any part of the building,

g

the fire and rescue authority for the area in which the building is situated,

h

the local housing authority for the area in which the building is situated,

i

where any accountable person for the building is a registered provider of social housing, the Regulator of Social Housing, and

the form of the notice;

b

the way in which the notice must be given.

10

The Secretary of State may by regulations amend the list in sub-paragraph (2).

3

In this paragraph “relevant part”, in relation to a higher-risk building, has the meaning given by paragraph 2 (10).

4

The Secretary of State may by regulations amend the list in sub-paragraph (2).

I560 I81716Special measures order: change in accountable person etc

1

Sub-paragraphs (2) and (3) apply where at any time (“the relevant time”) during which a special measures order relating to a higher-risk building is in force, an accountable person for the building (“the outgoing person”) ceases to be responsible for all or any part of the building (“the relevant part of the building”).

2

From the relevant time the special measures order ceases to apply to the outgoing person in relation to the relevant part of the building.

3

From the relevant time the special measures order applies to any person who, immediately after the relevant time—

a

is an accountable person for the building, and

b

is responsible for the relevant part of the building or any part of the relevant part,

as it applied to the outgoing person in relation to the relevant part or part of the relevant part (as the case may be) immediately before the relevant time.

4

But sub-paragraphs (2) and (3) do not affect any liability under the order to which the outgoing person became subject before the relevant time.

5

Where an enactment requires interests, charges or other obligations affecting land to be registered, sub-paragraph (3) has effect whether or not the special measures order is registered.

6

Nothing in this paragraph affects the powers of the tribunal under paragraph 14 (power to vary special measures order etc).

I290 I81817Interpretation

In this Schedule—

“commonhold building safety assessment” has the meaning given by paragraph 4;
“local housing authority” has the meaning given by section 261 of the Housing Act 2004;
“managing agent”: for the purposes of this Schedule a person (A) is a managing agent for any part of a building if—
1. a
  A has been appointed to discharge the obligations of a person (B) relating to the management by B of that part of the building, and
2. b
  B has a legal estate in that part of the building which is—
  1. i
    an estate in fee simple absolute in possession, or;
  2. ii
    a term of years absolute granted for a term of more than 21 years from the date of the grant;
“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;
“special measures manager” has the meaning given by paragraph 1;
“special measures order” has the meaning given by paragraph 1.

Schedule 8Remediation costs under qualifying leases etc

Section 122

I3421Interpretation

1

In this Schedule—

“associated”: see section 121;
“building safety risk” has the meaning given by section 120;
“joint venture” includes a partnership (as defined by section 121);
“prescribed” means prescribed by regulations made by the Secretary of State;
“qualifying lease”: see section 119;
“the qualifying time” has the same meaning as in section 119;
“relevant building”: see section 117;
“relevant defect”: see section 120;
“relevant measure”, in relation to a relevant defect, means a measure taken—
1. a
  to remedy the relevant defect, or
2. b
  for the purpose of—
  1. i
    preventing a relevant risk from materialising, or
  2. ii
    reducing the severity of any incident resulting from a relevant risk materialising;
“relevant risk” here means a building safety risk that arises as a result of the relevant defect;
“service charge” has the meaning given by section 18 of the Landlord and Tenant Act 1985.

2

The definition of “service charge” applies in relation to a lease of premises that do not include a dwelling as it applies in relation to a lease of a dwelling.

I587 C32No service charge payable for defect for which landlord or associate responsible

1

This paragraph 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—

a

is responsible for the relevant defect, or

b

is associated with a person responsible for a relevant defect.

3

For the purposes of this paragraph 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—

“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)(a);
“relevant landlord” means the landlord under the lease at the qualifying time or any superior landlord at that time.

I2783No service charge payable if landlord meets contribution condition

1

No service charge is payable under a qualifying lease in respect of a relevant measure relating to any relevant defect if the landlord under the lease at the qualifying time (“the relevant landlord”) met the contribution condition.

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).

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—

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).

6

This paragraph 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),

b

a local authority (as defined by section 30), or

c

a prescribed person.

I7284No service charge payable where lease below certain value

1

3

In sub-paragraph (2) “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

b

ending with commencement.

“The relevant person” means the person who was the tenant under the qualifying lease at commencement.

4

In this paragraph—

“commencement” means the time this paragraph comes into force;
“the permitted maximum”: see paragraph 6.

ascertaining the consideration given on the latest disposal of the qualifying lease on the open market to have been made before that time, and

b

if that disposal occurred before 2022, uprating the consideration in accordance with the regulations.

8

In this paragraph “shared ownership lease” and “total share” have the meaning given by section 7 of the Leasehold Reform, Housing and Urban Development Act 1993.

I6247Annual limit on service charges

1

A relevant service charge which would otherwise be payable under a qualifying lease is payable only if (and so far as) the sum of—

a

the amount of the service charge, and

b

the total amount of relevant service charges which fell due in the period of 12 months ending with the day on which the service charge fell due,

does not exceed one tenth of the permitted maximum.

2

In this paragraph—.

“the permitted maximum” means the permitted maximum as defined by paragraph 6 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.

I3298No service charge payable for cladding remediation

1

No service charge is payable under a qualifying lease in respect of cladding remediation.

2

In this paragraph “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

b

is unsafe.

I1729No service charge payable for legal or professional services relating to liability for relevant defects

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 the reference to services includes services provided in connection with—

a

obtaining legal advice,

b

any proceedings before a court or tribunal,

c

arbitration, or

d

mediation.

I35710Paragraphs 2 to 4, 8 and 9: supplementary

1

This paragraph supplements paragraphs 2 to 4, 8 and 9 (the “relevant paragraphs”).

2

Where a relevant paragraph provides that no service charge is payable under a lease in respect of a thing—

a

no costs incurred or to be incurred in respect of that thing (or in respect of that thing and anything else)—

i

are to be regarded for the purposes of the relevant provisions as relevant costs to be taken into account in determining the amount of a service charge payable under the lease, or

ii

are to be met from a relevant reserve fund;

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—

“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—
1. a
  a trust fund within the meaning of section 42 of the Landlord and Tenant Act 1987,
2. b
  an express trust of a kind mentioned in subsection (9) of that section, comprising payments made by the tenant under the lease and others, or
3. c
  any 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 as it applies in relation to a lease of premises that do not include a dwelling.

I75511No increase in service charge for other tenants

Where—

a

an amount (“the original amount”) would, apart from this Schedule, be payable by a tenant under a lease of premises in a relevant building, and

b

a greater amount would (apart from this paragraph) be payable under the lease as a result of this Schedule,

the lease has effect as if the amount payable were the original amount.

I1412Recovery of service charge amounts from landlords

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.

2

In this paragraph “relevant landlord”, in relation to a lease, means the landlord under the lease or any superior landlord.

I57213Presumption: qualifying lease

1

This paragraph applies in relation to a lease that meets the conditions in paragraphs (a) to (c) of section 119(2).

2

The lease is to be treated for the purposes of this Schedule 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

The regulations may provide that where a relevant landlord fails to comply with the regulations, prescribed costs—

a

are not to be regarded as relevant costs to be taken into account in determining the amount of a service charge payable under a relevant lease, and

b

must not be met from a relevant reserve fund.

5

The regulations may make provision for and in connection with an application to the First-tier Tribunal for an order—

a

determining whether a relevant landlord has failed to comply with the regulations, and

b

if so, requiring the relevant landlord to provide specified information or documents to a specified person by a specified time.

“Specified” here means specified in the order.

6

Nothing in sub-paragraph (5) limits the effect of regulations made by virtue of sub-paragraph (4).

7

Information or documents may be specified in an order under sub-paragraph (5) only if the regulations require them to be provided to the specified person.

8

In this paragraph—

“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);
“relevant landlord” means a landlord under a relevant lease;
“relevant lease” means a lease of premises in a relevant building;
“relevant reserve fund” has the meaning given by paragraph 10;
“relevant tenant” means a tenant under a relevant lease.

I48617

In section 21 of the Landlord and Tenant Act 1985 (service charge information), in subsection (6A) (inserted by section 112), after “2022)” insert “or relevant buildings (as defined by section 117 of that Act)”.

I35918Anti-avoidance

A covenant or agreement (whenever made) is void insofar as it purports to exclude or limit any provision made under this Schedule.

Schedule 9The new homes ombudsman scheme

Section 137(1)

I2801Appointment of the new homes ombudsman

The scheme must include provision about the appointment of the new homes ombudsman.

Membership

I4062

1

The scheme must include provision about the procedure for becoming and remaining a member of the scheme.

2

That provision may include—

a

a requirement to pay a fee;

b

a requirement to provide information;

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)(c), it must also include a requirement to publish the procedures.

I6793

The scheme may provide for different categories of member and the provision mentioned in paragraph 2 (including provision about fees) may differ as between such categories.

Fees

I6784

The fees payable by a member may be calculated by reference to the total of the costs incurred, or to be incurred, in the operation of the scheme (including costs unconnected with the member in question).

I4035

Where a scheme is maintained by a person other than—

a

the Secretary of State, or

b

a person acting on behalf of the Secretary of State,

fees may be set at a level such that the total of all fees payable by members exceeds the total of the costs of operating the scheme.

making an apology;

c

providing an explanation;

d

taking such other action in the interests of the complainant as the new homes ombudsman may specify.

I58510Enforcement of determinations

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)(a) is not to be read as preventing the new homes ombudsman scheme from including such provision).

3

If provision described in sub-paragraph (2) is included in the scheme, provision must also be made about the circumstances in which an expelled member can rejoin the scheme.

I16411Making of recommendations

1

The scheme must include provision about the making of improvement recommendations by the new homes ombudsman where following the investigation of a complaint the ombudsman identifies widespread or regular unacceptable standards of conduct or standards of quality of work on the part of members of the scheme.

2

“Improvement recommendations” are recommendations about changes that members may make in order to improve standards of conduct or standards of quality of work.

I4112Predecessor schemes

The scheme must include provision about the acceptance and handling of complaints transferred from a scheme previously available under section 136 but which is no longer available.

I29913Complaints about the scheme

The scheme must include provision about how complaints about the operation of the scheme may be made by—

a

members of the scheme, and

b

persons who have asked for a complaint to be investigated under the scheme.

I49214Co-operation

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), “redress scheme” has the same meaning as in section 137.

I50915Provision of information

1

Where the scheme is maintained by a person other than the Secretary of State, the scheme must include provision about the provision of information to the Secretary of State, the Welsh Ministers, the Scottish Ministers and the relevant Northern Ireland department.

2

In this paragraph, “the relevant Northern Ireland department” means the Northern Ireland department designated for the purposes of this paragraph by the First Minister and deputy First Minister acting jointly.

I13016Reports

The scheme must include provision about the making of reports on the operation of the scheme.

Schedule 10Amendments in connection with the new homes ombudsman scheme

Section 137(8)

I801

The Local Government Act 1974 is amended in accordance with paragraphs 2 to 4.

I5012

1

Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows.

2

In subsection (1)—

a

after paragraph (bza) insert—

bzb
by the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022),

b

in the words after paragraph (c), after “1993” insert “, the Housing Act 1996, the new homes ombudsman scheme”.

3

In subsection (2), after “housing ombudsman,” insert “the new homes ombudsman,”.

4

After subsection (3A) insert—

3B
If at any stage in the course of conducting an investigation under the new homes ombudsman scheme, the new homes ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of this Act, the new homes ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the new homes ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.

I1164

In section 33ZB (arrangements for provision of administrative and other services), in subsection (4)—

a

in paragraph (c) omit the final “and”;

b

at the end of paragraph (d) insert—

e
the new homes ombudsman, and
f
the person maintaining the new homes ombudsman scheme under arrangements made pursuant to section 136 of the Building Safety Act 2022.

at the end insert “(or those persons)”.

I756

1

The Public Services Ombudsman (Wales) Act 2019 (anaw 3) is amended as follows.

2

In section 65(7) (consultation and co-operation with other ombudsmen)—

a

in the Welsh language text, after paragraph (e) insert—

f
yr ombwdsmon cartrefi newydd o dan y cynllun ombwdsmon cartrefi newydd (gweler adran 136 o Ddeddf Diogelwch Adeiladau 2022).

b

in the English language text, after paragraph (e) insert—

f
the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022).

Schedule 11Construction products regulations

Section 146

I5931Introductory

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 are called “construction products regulations”.

I5842General safety requirements

1

Construction products regulations may—

a

prohibit the marketing or supply of construction products which are not safe products;

b

impose other requirements for the purpose of securing that construction products which are not safe products are not marketed or supplied;

c

impose requirements in relation to the marketing or supply of construction products which are safe products.

2

c

for EU harmonised standards or international standards to be designated standards.

2

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

a

the persons by whom standards may be proposed;

b

the procedure by which and persons by whom standards are to be prepared;

c

the matters to be covered by a standard.

I7305

1

Provision under paragraph 3 (b) (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) 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;

b

as to the functions, operation and funding of assessment bodies;

c

as to the contents of assessment documents and the procedure by which they are developed or adopted.

I5326

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);

b

confer powers on relevant authorities to impose requirements on such persons (see paragraph 8).

when and how a body may become or cease to be an approved body;

c

the assessment and monitoring of approved bodies.

5

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

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

b

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

I37610Safety-critical products

1

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

2

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

a

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

b

the product is not one for which there are—

i

designated standards under paragraph 3 (a), or

ii

standards which are designated standards for the purposes of the 2011 Regulation.

3

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

I3611

1

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

2

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

a

the persons by whom safety-critical standards may be proposed;

b

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

c

the matters to be covered by a safety-critical standard.

I72712

Construction products regulations may—

a

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

b

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

I30313

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

I72114

1

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

a

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

b

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

2

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

a

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

b

require the marking of a product in respect of the risks attaching to it;

c

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

d

require the withdrawal of a product from the market;

e

require the recall of a product from persons to whom it has been supplied.

3

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

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

I67716Costs

1

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

2

The regulations may include provision about—

a

who is liable to pay a charge;

b

the circumstances in which a charge is payable;

c

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

d

reductions and exemptions;

e

waivers;

f

how and when a charge is to be paid;

g

the collection and recovery of payments;

h

interest payable on outstanding payments;

i

the resolution of disputes (including appeals).

3

Provision under this paragraph may confer a discretion on the relevant authority.

I70717Information

1

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

a

the provision of information by relevant authorities to—

i

other relevant authorities, or

ii

persons specified, or of a description specified, in construction products regulations;

b

the provision of information to relevant authorities by—

i

persons specified, or of a description specified, in construction products regulations, or

ii

other persons identified by relevant authorities.

2

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

a

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

b

as to how information may or must be provided;

c

as to the uses to which information provided may be put;

d

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

e

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

I73618

1

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

2

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

a

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

b

how, where and in what form information may or must be published.

where the offence is committed after that time, 12 months.

I9623Procedure

1

Construction products regulations are to be made by statutory instrument.

2

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

3

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

a

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

b

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

c

provision creating a criminal offence;

F1d

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

e

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

4

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

I28324Interpretation

In this Schedule—

“the 2011 Regulation” means Regulation (EU) No. 305/2011 (regulation laying down harmonised conditions for the marketing of construction products);
“the 2013 Regulations” means the Construction Products Regulations 2013 (S.I. 2013/1387);
“the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465);
“the 2020 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359);
“authorised representative” means a person of a description specified in the regulations who is authorised to act on behalf of a person carrying out an activity in relation to construction products;
“construction product” has the meaning specified in construction products regulations;
“construction product functions”, in relation to a relevant authority, means—
1. a
  the authority’s functions under construction products regulations, the 2011 Regulation or the 2019 or 2020 Regulations (including functions relating to the provision or receipt of information), and
2. b
  any other functions of the authority relating to construction product requirements;
“construction product requirements” means requirements imposed by or under construction products regulations, the 2011 Regulation or the 2019 or 2020 Regulations;
“construction products regulations” has the meaning given in paragraph 1 (2);
“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“EU harmonised standard” means a harmonised standard adopted at any time by a standardisation body of the European Union;
“international standard” means a standard adopted by an international standardising body (which for these purposes has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 16 April 1994, as modified from time to time);
“local authority” means—
1. a
  a county or district council in England,
2. b
  a London borough council,
3. c
  the Common Council of the City of London,
4. d
  the Council of the Isles of Scilly,
5. e
  a county or county borough council in Wales,
6. f
  a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and
7. g
  a district council in Northern Ireland;
references to the “marketing” of products are to making them available on the market in the United Kingdom;
“persons carrying out activities in relation to construction products” include (without limitation)—
1. a
  a manufacturer of construction products,
2. b
  a person who markets or supplies construction products to others, and
3. c
  a person who imports construction products into the United Kingdom for use, marketing or supply;
“relevant authority” means—
1. a
  the Secretary of State or other Minister of the Crown, and
2. b
  a local authority (including, in England, Wales and Scotland, a local authority in its capacity as a local weights and measures authority);
“requirement” includes a prohibition or restriction;
“safety-critical products” has the meaning given in paragraph 10;
“technical assessment” means a documented assessment of the performance of a construction product.

Building Safety Act 2022

Part 1Introduction

I981Overview of Act

1

2

3

4

a

b

5

6

a

b

c

d

e

f

7

Part 2The regulator and its functions

The regulator and its general functions

I651I6892The building safety regulator

I6511

I689I2122

I23I543The regulator: objectives and regulatory principles

1

a

b

2

a

b

3

4

a

b

5

a

b

c

I3734Duty to facilitate building safety: higher-risk buildings

I3561

I3562

I3563

a

b

c

d

I3564

I6175

I126I4835Duty to keep safety and standard of buildings under review

a

b

I190I3396Facilitating improvement in competence of industry and building inspectors

1

a

b

2

I27Proposals and consultation relating to regulations

1

a

b

2

3

4

a

b

I123I1388Duty to establish system for giving of building safety information

1

2

Committees

I6409Building Advisory Committee

I2851

I2852

a

b

I263

I569I63410Committee on industry competence

1

2

a

b

I651 I6892The building safety regulator

I689 I2122

I23 I543The regulator: objectives and regulatory principles

I126 I4835Duty to keep safety and standard of buildings under review

I190 I3396Facilitating improvement in competence of industry and building inspectors

I123 I1388Duty to establish system for giving of building safety information

I569 I63410Committee on industry competence

I152 I17711Residents’ panel

I171 I46712Committees: power to amend or repeal

I725 I45913Local authorities and fire and rescue authorities: assistance etc to regulator

I51 I9214FSO authorised persons: assistance etc to regulator

I423 I58315Provision of assistance etc: supplementary

I236 I916Guidance about the provision of assistance