Building Safety Act 2022

81 Building assessment certificates E+W

(1) This section applies where—

(a) the principal accountable person for an occupied higher-risk building applies under section 79 for a certificate in relation to the building (a “building assessment certificate”),

(b) the application is made pursuant to a direction of the regulator under that section, and

(c) the building is registered under section 78.

(2) The regulator must assess whether the relevant duties are being complied with (and may inspect the building in connection with that assessment).

(3) The regulator—

(a) must give a building assessment certificate if satisfied that all relevant duties are being complied with;

(b) if not so satisfied, must (subject to subsection (4)) refuse the application and notify the principal accountable person of the refusal.

(4) If the regulator considers that a contravention of a relevant duty can be remedied promptly—

(a) the regulator may give a notice under this subsection to the principal accountable person containing a brief description of the contravention and specifying a period for remedying the contravention, and

(b) if it does so, and the contravention is remedied within that period, it may give a building assessment certificate (instead of refusing the application).

(5) In this section “relevant duty” means a duty of an accountable person for the building under, or under prescribed regulations made under, any of the following—

(a) section 83 (duty to assess building safety risks);

(b) section 84 (management of building safety risks);

(c) section 85 (duties relating to safety case report);

(d) section 87(5) (duties relating to mandatory occurrence reporting system);

(e) section 89 (provision of information to regulator, residents etc);

(f) section 91 (duty to produce a residents’ engagement strategy).

(6) The Secretary of State may by regulations make further provision about building assessment certificates and notices under this section, including in particular provision about—

(a) the period in relation to which a certificate may be given;

(b) the form and content of a certificate or notice;

(c) the way in which a certificate or notice is to be given.

Commencement Information

I1 S. 81 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I2 S. 81 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(c)