5.—(1) Where the premises are a workplace, the responsible person must ensure that any duty imposed by articles 8 to [F122B] or by regulations made under article 24 is complied with in respect of those premises.
(2) Where the premises are not a workplace, the responsible person must ensure that any duty imposed by articles 8 to [F122B] or by regulations made under article 24 is complied with in respect of those premises, so far as the requirements relate to matters within his control.
(3) Any duty imposed by articles 8 to [F122B] or by regulations made under article 24 on the responsible person in respect of premises shall also be imposed on every person, other than the responsible person referred to in paragraphs (1) and (2), who has, to any extent, control of those premises so far as the requirements relate to matters within his control.
(4) Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—
(a)the maintenance or repair of any premises, including anything in or on premises; or
(b)the safety of any premises,
that person is to be treated, for the purposes of paragraph (3), as being a person who has control of the premises to the extent that his obligation so extends.
(5) Articles 8 to [F122B] and any regulations made under article 24 only require the taking or observance of general fire precautions in respect of relevant persons.
Textual Amendments
F1Word in art. 5 substituted (1.10.2023) by Building Safety Act 2022 (c. 30), ss. 156(2), 170(4)(b)(c); S.I. 2023/362, reg. 4; S.I. 2023/914, reg. 3