Part 4Higher-risk buildings

Residents' etc duties

I197Access 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—

    1. a

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

    2. b

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

    3. 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—

    1. a

      a resident of a residential unit in the building, or

    2. b

      an owner of a residential unit in the building.