Part 4Higher-risk buildings

Residents' etc duties

97Access to premises

(1)

This section applies where —

(a)

an accountable person for an occupied higher-risk building makes a request to a relevant person to enter relevant premises,

(b)

the request is made for the purpose of—

(i)

facilitating the performance of a duty under section 83 or 84 (assessment of building safety risk etc), or

(ii)

determining whether a duty under section 95 (duties on residents and owners) has been contravened,

(c)

the request is within subsection (2), and

(d)

entry to the premises is not given.

(2)

A request is within this subsection if it—

(a)

is in writing,

(b)

sets out the purpose for which it is made,

(c)

contains an explanation of why it is necessary to enter the premises for that purpose,

(d)

requests access to the premises at a reasonable time, and

(e)

is made at least 48 hours before the time mentioned in paragraph (d).

(3)

The accountable person may apply to the county court for an order—

(a)

requiring the relevant person to allow the accountable person, or a person authorised by the accountable person, to enter the relevant premises at a reasonable time for the purpose mentioned in the request, and

(b)

if necessary for that purpose, authorising the taking of measurements, photographs, recordings or samples by the accountable person or authorised person.

(4)

The county court—

(a)

may make an order under subsection (3)(a) or (b) if satisfied that it is necessary to do so for the purpose mentioned in the request;

(b)

must, if it does so, specify a date on which, or in a period within which, the accountable person or authorised person may enter the relevant premises for that purpose.

(5)

In this section—

“relevant person” in relation to relevant premises means—

(a)

a resident of those premises who is aged 16 or over;

(b)

where those premises are controlled but not occupied, a person controlling those premises;

(c)

in any other case, an owner of those premises;

“relevant premises” means any premises in the part of the building for which the accountable person is responsible that are occupied or controlled by—

(a)

a resident of a residential unit in the building, or

(b)

an owner of a residential unit in the building.