- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: