Building Safety Act 2022

52 Information gathering E+W

(1) In section 53 of the Building Act 1984 (effect of initial notice ceasing to be in force), after subsection (4) insert—

“(4A) For the purpose of enabling the local authority to perform the functions referred to in section 48(1), the local authority may by notice require the person shown in the initial notice as the registered building control approver to give the local authority—

(a) any information the authority would have obtained if the authority had performed the function of enforcing building regulations in relation to the work to which the initial notice relates during the period in which the initial notice was in force, and

(b) any other information the local authority may reasonably require.

(4B) Where a person is required to give information under subsection (4A), the information must be given before the end of the prescribed period.

(4C) The person shown in the initial notice as the registered building control approver (the “outgoing approver”) must, before the end of the prescribed period, give the person carrying out or intending to carry out the work to which the initial notice relates—

(a) any information given to a local authority under subsection (4A),

(b) any other information that the outgoing approver obtained or created in relation to the work during the period in which the initial notice was in force, and

(c) any other information that the person carrying out or intending to carry out the work may by notice reasonably require for the purpose of enabling a person other than the outgoing approver to perform the functions referred to in section 48(1) in relation to the work.

(4D) A notice under subsection (4C)(c)—

(a) may only require information to be given in relation to work carried out during the period in which the initial notice was in force;

(b) may require information to be provided in a specified format.”

(2) In section 57 of the Building Act 1984 (offences), in subsection (1)—

(a) omit the “or” after paragraph (a);

(b) after paragraph (a) insert—

“(aa) fails without reasonable excuse to comply with a requirement under section 53(4A) to give information, or”.

Commencement Information

I1 S. 52 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

I2 S. 52 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(v)

I3 S. 52 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(xii)

I4 S. 52 in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(viii) (with regs. 3, 4, 8-12)

I5 S. 52 in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(h) (with reg. 3)