Building Safety Act 2022

Special measures order

4 (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.