Building Safety Act 2022 (c. 30)

Part 4 E+W Higher-risk buildings

Interpretation E+W

115 Interpretation of Part 4 E+W

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—

  (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

  (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—

  (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

  (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—

  (a)

  a dwelling, or

  (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.

Commencement Information

I1 S. 115 in force at Royal Assent, see s. 170(1)(g)