Building Safety Act 2022 (c. 30)

Part 2 U.K. The regulator and its functions

Committees E+W

11 Residents’ panel E+W

(1) The regulator must exercise its powers under section 11A(3) of the Health and Safety at Work etc Act 1974 to establish and maintain a committee with the functions mentioned in this section (and any other function that the regulator considers appropriate).

(2) The committee is to consist of—

(a) such residents of higher-risk buildings as the regulator considers appropriate, and

(b) such relevant persons (if any) as it considers appropriate.

(3) The regulator must take all reasonable steps to ensure that the committee includes—

(a) one or more residents of a higher-risk building who are disabled,

(b) a body that represents, supports or promotes the interests of any description of disabled people that includes residents of higher-risk buildings, or

(c) a member of a body within paragraph (b).

(4) The committee is to give advice to the regulator about such matters connected with the regulator’s building functions and relating to higher-risk buildings as the regulator may specify.

(5) The regulator must consult the committee before issuing or revising any of the following—

(a) guidance to residents of higher-risk buildings about any of their rights or obligations under Part 4 or regulations made under that Part;

(b) guidance relating to any duty under regulations made under section 89 to give information or documents to residents of higher-risk buildings or owners of residential units in such buildings;

(c) guidance relating to any of sections 91 to 93 or 95 or regulations made under any of those sections (engagement with residents etc, and residents’ duties).

(6) If the committee has not been established at a time when the regulator has prepared guidance to which subsection (5) applies—

(a) that subsection has effect as if it did not require the committee to be consulted before the guidance is issued, and

(b) the committee must be consulted in relation to the issued guidance as soon as reasonably practicable.

(7) See also—

(a) section 17(3) (duty to consult committee about regulator’s strategic plan);

(b) section 94(2) (duty to consult committee about regulator’s complaints system).

(8) In this section—

• “higher-risk building” has the same meaning as in Part 4 (see section 65);

• “relevant person” means—

  (a)

  an owner of a residential unit in a higher-risk building,

  (b)

  a body that represents, supports or promotes—

  (i)

  the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or

  (ii)

  the interests of any description of persons that includes a description of such residents or owners, or

  (c)

  a member of a body within paragraph (b).

Commencement Information

I1 S. 11 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I2 S. 11 in force at 1.12.2022 in so far as not already in force by S.I. 2022/1210, reg. 2(c)