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—
- a
in the case of works within subsection (1)(a), any residential unit in the building;
- b
in the case of works within subsection (1)(b), any additional residential unit;
- c
in the case of works within subsection (1)(c), any residential unit in the building except one that existed before the works began.
- 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.
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.
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.
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.
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.
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—
- a
it has been given to an accountable person for the building,
- 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
- c
the regulator has not notified the principal accountable person that the notice has been withdrawn.
- a