Part 4Higher-risk buildings

Residents' etc duties

I1I295Duties on residents and owners

1

This section applies to—

a

a resident of a residential unit in an occupied higher-risk building who is aged 16 or over;

b

an owner of a residential unit in such a building.

2

A person to whom this section applies—

a

must not act in a way that creates a significant risk of a building safety risk materialising;

b

must not interfere with a relevant safety item;

c

must comply with a request, made by the appropriate accountable person, for information reasonably required for the purposes of a duty under section 83 or 84.

3

For the purposes of subsection (2)(b) a person “interferes” with a relevant safety item if they, without reasonable excuse—

a

damage it,

b

remove it, or

c

do anything to, or in relation to, it that interferes with its intended function.

4

In this section—

  • “appropriate accountable person” means the accountable person for the building who is responsible for the part of the building comprising the residential unit;

  • “relevant safety item” means—

    1. a

      anything that—

      1. i

        is in, or forms part of, the common parts (as defined by section 72), and

      2. ii

        is intended to improve the safety of people in or about the building in relation to a building safety risk, or

    2. b

      any other prescribed thing.