Building Safety Act 2022 (c. 30)

Part 5 E+W Other provision about safety, standards etc

Remediation of certain defects E+W

120 Meaning of “relevant defect” [F1 and “relevant steps”] E+W

(1) This section applies for the purposes of sections 122 to [F2 124] and Schedule 8.

(2) “Relevant defect”, in relation to a building, means a defect as regards the building that—

(a) arises as a result of anything done (or not done), or anything used (or not used), in connection with relevant works, and

(b) causes a building safety risk.

(3) In subsection (2) “relevant works” means any of the following—

(a) works relating to the construction or conversion of the building, if the construction or conversion was completed in the relevant period;

(b) works undertaken or commissioned by or on behalf of a relevant landlord or management company, if the works were completed in the relevant period;

(c) works undertaken after the end of the relevant period to remedy a relevant defect (including a defect that is a relevant defect by virtue of this paragraph).

“The relevant period” here means the period of 30 years ending with the time this section comes into force.

(4) In subsection (2) the reference to anything done (or not done) in connection with relevant works includes anything done (or not done) in the provision of professional services in connection with such works.

[F3 (4A) “Relevant steps”, in relation to a relevant defect, means steps which have as their purpose—

(a) preventing or reducing the likelihood of a fire or collapse of the building (or any part of it) occurring as a result of the relevant defect,

(b) reducing the severity of any such incident, or

(c) preventing or reducing harm to people in or about the building that could result from such an incident.]

(5) For the purposes of this section—

• “building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from—

  (a)

  the spread of fire, or

  (b)

  the collapse of the building or any part of it;

• “conversion” means the conversion of the building for use (wholly or partly) for residential purposes;

• “relevant landlord or management company” means a landlord under a lease of the building or any part of it or any person who is party to such a lease otherwise than as landlord or tenant.

Textual Amendments

F1 Words in s. 120 heading inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 114(2), 124(3); S.I. 2024/1018, reg. 2(a)

F2 Word in s. 120(1) substituted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 118(2)(f), 124(2)(c)

F3 S. 120(4A) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 114(3), 124(3); S.I. 2024/1018, reg. 2(a)

Commencement Information

I1 S. 120 in force at 28.6.2022, see s. 170(3)(a)