Part 4Higher-risk buildings

Registration and certificates

I176Requirement for completion certificate before occupation

1

This section applies if any of the following works are carried out—

a

the construction of a higher-risk building;

b

the creation of additional residential units in such a building;

c

works to a building that cause it to become a higher-risk building.

2

If a relevant residential unit is occupied before a completion certificate relating to a relevant part of the building is issued, the relevant accountable person commits an offence.

3

It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for the residential unit being occupied before such a completion certificate was issued.

4

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

5

In this section—

  • “completion certificate” means a certificate of a prescribed description that is issued under regulations made under section 1(1) of the Building Act 1984 (building regulations);

  • “occupied”: a residential unit is occupied if there is a resident of it;

  • “relevant accountable person”, in relation to a residential unit, means the accountable person who is responsible for a relevant part of the building;

  • “relevant part” of a building, in relation to a residential unit, means a part of the building containing the residential unit;

  • “relevant residential unit” means—

    1. a

      in the case of works within subsection (1)(a), any residential unit in the building;

    2. b

      in the case of works within subsection (1)(b), any additional residential unit;

    3. c

      in the case of works within subsection (1)(c), any residential unit in the building except one that existed before the works began.