Building Safety Act 2022

Duties relating to building safety risks E+W

83 Assessment of building safety risks E+W

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(b) at any time that the accountable person has reason to suspect that the current assessment is no longer valid, and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

Commencement Information

I1 S. 83 in force at Royal Assent for specified purposes, see s. 170(2)(a)

84 Management of building safety risks E+W

(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.

Commencement Information

I2 S. 84 in force at Royal Assent for specified purposes, see s. 170(2)(a)

85 Safety case report E+W

(1) The principal accountable person for an occupied higher-risk building must as soon as reasonably practicable after the relevant time prepare a report (a “safety case report”) containing—

(a) any assessment of the building safety risks made under section 83 by an accountable person for the building, and

(b) a brief description of any steps taken under section 84 by an accountable person for the building.

(2) The principal accountable person must revise a safety case report if they consider it necessary or appropriate to do so following—

(a) any further assessment under section 83 made by an accountable person for the building, or

(b) the taking of further steps under section 84 by an accountable person for the building.

(3) The Secretary of State may by regulations make further provision about the content and form of safety case reports.

(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 the principal accountable person for the building.

Commencement Information

I3 S. 85 in force at Royal Assent for specified purposes, see s. 170(2)(a)

86 Notification and provision of report to the regulator E+W

(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.

Commencement Information

I4 S. 86 in force at Royal Assent for specified purposes, see s. 170(2)(a)