Building Safety Act 2022

138 “Relevant owner”, “new build home” and “developer”

(1) This section provides for the meaning of terms used in section 137 (and in this section).

(2) A person is a “relevant owner” of a home if the person—

(a) is an individual,

(b) has a relevant interest in land that includes the home, and

(c) meets the occupation condition.

(3) A person meets the occupation condition if the person—

(a) occupies the home, or

(b) is the landlord under a lease of land that includes the home granted for a term not exceeding 21 years to another individual for that individual’s occupation of the home.

(4) In relation to a home in Scotland or Northern Ireland, subsection (3) has effect as if in paragraph (b) the words “for a term not exceeding 21 years” were omitted.

(5) A home is a “new build home” if—

(a) the home is, or is contained in—

(i) a building the construction of which began after the coming into force of this section, or

(ii) a building that has been converted, or to which any other works have been carried out, so that it consists of or contains the home, where the conversion or works began after the coming into force of this section,

(b) there is a person who is, or was, a developer in relation to the home, and

(c) no more than two years have elapsed since the first acquisition, by any person, of a relevant interest in land that includes the home from the person mentioned in paragraph (b).

(6) “Relevant interest” means—

(a) in relation to land in England or Wales, a legal estate which is—

(i) an estate in fee simple absolute in possession, or

(ii) a term of years absolute granted for a term of more than 21 years from the date of the grant;

(b) in relation to land in Scotland, the interest of an owner of land;

(c) in relation to land in Northern Ireland, a legal estate which is—

(i) an estate in fee simple absolute in possession,

(ii) an estate in fee simple in possession subject to a rent payable under a fee farm grant, or

(iii) a term of years absolute granted for a term of more than 21 years from the date of the grant.

(7) A “developer” is a person—

(a) who undertakes or commissions—

(i) the construction of a new building that is to consist of or contain a home,

(ii) the conversion of, or carrying out of any other works to, an existing building so that it consists of or contains a home, or

(iii) the conversion of, or carrying out of any other works to, an existing building so as to alter the number of homes contained in it,

with a view to granting, or disposing of, a relevant interest in land that includes the home or, in a case falling within sub-paragraph (iii), any of the homes, or

(b) who is of a description specified in regulations made by the relevant national authority.

(8) Regulations under subsection (7)(b) may, among other things, specify a description of persons by reference to a connection with a person mentioned in subsection (7)(a).

(9) In subsection (7)(b), “the relevant national authority” means—

(a) in relation to homes in England, the Secretary of State,

(b) in relation to homes in Wales, the Welsh Ministers,

(c) in relation to homes in Scotland, the Scottish Ministers, and

(d) in relation to homes in Northern Ireland, the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly.

(10) Before making regulations under subsection (7)(b), the relevant national authority must consult each other person who is the relevant national authority in relation to regulations under that subsection.

(11) If no Northern Ireland department has been designated for the purposes of this section then, for the purposes of subsection (10), “the relevant national authority” in relation to homes in Northern Ireland is the Executive Office in Northern Ireland.

(12) “Home” means a private residence.

(13) “Occupies” means occupies as a private residence (and “occupation” is to be construed accordingly).