Part 4Higher-risk buildings

Registration and certificates

I176Requirement for completion certificate before occupation

1

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

a

the construction of a higher-risk building;

b

the creation of additional residential units in such a building;

c

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

2

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

3

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

4

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

a

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

b

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

5

In this section—

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

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

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

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

  • relevant residential unit” means—

    1. a

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

    2. b

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

    3. c

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

Annotations:
Commencement Information
I1

S. 76 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I277Occupation: registration requirement

1

The principal accountable person for a higher-risk building commits an offence if the building is occupied but not registered.

2

It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for the building being occupied but not registered.

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.

4

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

Annotations:
Commencement Information
I2

S. 77 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I378Registration of higher-risk buildings

1

On an application by the principal accountable person for a higher-risk building the regulator may register the building.

2

The regulator must publish the register in such way as it considers appropriate.

3

The regulator may remove a building from the register if it appears to the regulator that—

a

the building is not occupied, or

b

the building is not a higher-risk building.

4

The Secretary of State may by regulations make provision about the register, including in particular provision about—

a

the information to be contained in the register;

b

the updating or other revision of information in the register;

c

the procedure for removing buildings from the register.

5

The Secretary of State may by regulations make provision in relation to applications under this section, including in particular provision about—

a

the form and content of an application;

b

the information and documents that must accompany an application;

c

the way in which an application, and anything that is to accompany it, is to be given;

d

the circumstances in which an application may be withdrawn or treated as withdrawn;

e

the way in which an application may be withdrawn.

Annotations:
Commencement Information
I3

S. 78 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I479Occupied 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.

Annotations:
Commencement Information
I4

S. 79 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I580Applications for building assessment certificates

1

An application under section 79 must be accompanied by—

a

a copy of the most recent safety case report for the building unless a copy of that report has been provided under section 86(2);

b

prescribed information about the mandatory occurrence reporting system operated by the principal accountable person;

c

prescribed information demonstrating compliance by each accountable person for the building with their duties under section 89;

d

a copy of any residents’ engagement strategy.

2

The Secretary of State may by regulations make further provision about applications under section 79, including in particular provision about—

a

the form and content of an application;

b

the way in which an application, and anything which is to accompany it, is to be given;

c

the circumstances in which an application may be withdrawn or treated as withdrawn;

d

the way in which an application may be withdrawn.

3

In this section—

  • mandatory occurrence reporting system” has the same meaning as in section 87;

  • residents’ engagement strategy” has the same meaning as in section 91;

  • safety case report”  has the same meaning as in section 85.

Annotations:
Commencement Information
I5

S. 80 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I681Building assessment certificates

1

This section applies where—

a

the principal accountable person for an occupied higher-risk building applies under section 79 for a certificate in relation to the building (a “building assessment certificate”),

b

the application is made pursuant to a direction of the regulator under that section, and

c

the building is registered under section 78.

2

The regulator must assess whether the relevant duties are being complied with (and may inspect the building in connection with that assessment).

3

The regulator—

a

must give a building assessment certificate if satisfied that all relevant duties are being complied with;

b

if not so satisfied, must (subject to subsection (4)) refuse the application and notify the principal accountable person of the refusal.

4

If the regulator considers that a contravention of a relevant duty can be remedied promptly—

a

the regulator may give a notice under this subsection to the principal accountable person containing a brief description of the contravention and specifying a period for remedying the contravention, and

b

if it does so, and the contravention is remedied within that period, it may give a building assessment certificate (instead of refusing the application).

5

In this section “relevant duty” means a duty of an accountable person for the building under, or under prescribed regulations made under, any of the following—

a

section 83 (duty to assess building safety risks);

b

section 84 (management of building safety risks);

c

section 85 (duties relating to safety case report);

d

section 87(5) (duties relating to mandatory occurrence reporting system);

e

section 89 (provision of information to regulator, residents etc);

f

section 91 (duty to produce a residents’ engagement strategy).

6

The Secretary of State may by regulations make further provision about building assessment certificates and notices under this section, including in particular provision about—

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.

Annotations:
Commencement Information
I6

S. 81 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I782Duty 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.