Insolvency of certain persons with an interest in higher-risk and relevant buildings

125ANotifications by insolvency practitioners

1

This section applies if an insolvency practitioner is appointed in relation to a responsible person for a higher-risk building or a relevant building.

2

For the purposes of this section, a person is “a responsible person” for a building if—

a

in the case of a higher-risk building, the person is an accountable person for the building (see section 72 for the meaning of “accountable person” for a higher-risk building);

b

in the case of a relevant building that is not a higher-risk building, the person would be an accountable person for the building if section 72 were read as applying to such a building (and as if the reference in that section to a residential unit were a reference to a dwelling).

3

The insolvency practitioner must give the information in subsection (6) (“the required information”) to—

a

the local authority for the area in which the building for which the person is a responsible person is situated, or (if applicable) each local authority in whose area a building for which the person is a responsible person is situated, and

b

the fire and rescue authority for the area in which the building for which the person is a responsible person is situated, or (if applicable) each fire and rescue authority in whose area a building for which the person is a responsible person is situated.

4

If the insolvency practitioner is appointed in relation to an accountable person for a higher-risk building, the practitioner must also give the required information to the regulator.

5

The required information must be provided within the period of 14 days beginning with the day on which the insolvency practitioner is appointed.

6

The information is as follows—

a

the name and address of the person in relation to whom the insolvency practitioner is appointed;

b

the address of each higher-risk building or relevant building for which the person is a responsible person (but see subsection (7));

c

an official copy of the register of title and title plan relating to each registered estate or interest the person holds in such a building, if any (but see subsection (7));

d

the nature of the practitioner’s appointment;

e

the practitioner’s name, address, telephone number and email address (if any);

f

so much of the information set out in the table in rule 1.6 of the Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024) as is known to the practitioner.

7

A local authority or fire and rescue authority need only be notified about buildings, or registered estates or interests in buildings, in their area.

8

In this section “insolvency practitioner” means—

a

an administrator;

b

an administrative receiver;

c

a receiver appointed by the courts or by a mortgagee;

d

a liquidator;

e

a trustee in bankruptcy.

9

In this section—

• “fire and rescue authority” has the meaning given by section 30;

• “higher-risk building” has the same meaning as in Part 4 (see section 65);

• “local authority” has the meaning given by section 30;

• “register of title” means the register kept under section 1 of the Land Registration Act 2002;

• “the regulator” has the meaning given by section 2;

• “relevant building” has the meaning given by section 117;

• “title plan” means a plan based on the Ordnance Survey map and referred to in the register of title.