Part 4Higher-risk buildings

Enforcement

99Compliance notices

1

The regulator may give a compliance notice to an accountable person for a higher-risk building who appears to the regulator to have contravened, be contravening or be likely to contravene a relevant requirement.

2

A “compliance notice” is—

a

a notice requiring the accountable person to take specified steps within a specified period, or

b

a notice requiring the accountable person to remedy the contravention or the matters giving rise to it within a specified period.

3

A notice of a kind mentioned in subsection (2)(a) may specify any steps relating to—

a

the remedying of the contravention, or

b

avoiding the contravention occurring.

4

Where it appears to the regulator that the contravention has placed or will place people in or about the building in imminent danger, the regulator may specify that the compliance notice is a notice to which this subsection applies (an “urgent action notice”).

5

A person who, without reasonable excuse, contravenes a compliance notice commits an offence.

6

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

7

In this section—

  • relevant requirement” means any requirement on an accountable person under, or under regulations made under, this Part except one that is prescribed for the purposes of this section;

  • specified” means specified in the notice.