Decisione N.1242 del Consiglio permanente
This Act has 6 Parts, and contains provisions intended to secure the safety of people in or about buildings and to improve the standard of buildings.
Part 2 contains provision about the building safety regulator and its functions in relation to buildings in England.
Part 3 amends the Building Act 1984.
Amendments made by Part 3—
provide that the regulator is the building control authority in relation to higher-risk buildings in England, and
require the regulator (for England) and the Welsh Ministers (for Wales) to establish and maintain registers of building control approvers and building inspectors.
Part 4 is about occupied higher-risk buildings in England, and imposes duties on accountable persons.
Part 5 contains further provisions, including—
provisions about remediation and redress;
provision requiring a new homes ombudsman scheme to be established;
powers to make provision about construction products;
further provision about fire safety;
provision about the regulation of architects;
provision about housing complaints.
Part 6 contains general provisions.
In this Part “the regulator” means the Building Safety Regulator.
Schedule 1 contains amendments of provisions of the Health and Safety at Work etc Act 1974 ....
The regulator must exercise its building functions with a view to—
securing the safety of people in or about buildings in relation to risks arising from buildings, and
improving the standard of buildings.
In exercising a building function (other than an excepted function), the regulator must have regard to the following principles—
regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and
regulatory activities should be targeted only at cases in which action is needed.
The duty in subsection (2) is subject to any other requirement affecting the exercise of the function.
In subsection (2) “excepted function” means—
a function under any of sections 4 to 6, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part “building function” means—
any function of the regulator under, or under an instrument made under, this Act or the Building Act 1984;
any prescribed function of the regulator;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The regulator must provide such assistance and encouragement to relevant persons as it considers appropriate with a view to facilitating their securing the safety of people in or about higher-risk buildings in relation to building safety risks as regards those buildings.
The assistance and encouragement that must be provided under subsection (1) includes, in particular, assistance and encouragement with a view to facilitating securing the safety of disabled people in or about higher-risk buildings in relation to building safety risks as regards those buildings.
For this purpose “relevant persons” means—
residents of higher-risk buildings within the meaning of Part 4,
owners of residential units in such buildings,
persons who are accountable persons within the meaning of Part 4, and
persons upon whom duties are imposed by virtue of paragraph 5B of Schedule 1 to the Building Act 1984 (dutyholders).
In subsections (1) and (2)—
“requirement” includes a prohibition or restriction.
“specified” means specified in the order.
In Schedule 2 to the Parliamentary Commissioner Act 1967, omit the entry relating to the Building Regulations Advisory Committee for England.
The Regulatory Reform (Fire Safety) Order 2005 is amended as follows. Omit article 45. In article 52(1) omit sub-paragraph (k).
The fees payable by a member may be calculated by reference to the total of the costs incurred, or to be incurred, in the operation of the scheme (including costs unconnected with the member in question).
Where a scheme is maintained by a person other than— fees may be set at a level such that the total of all fees payable by members exceeds the total of the costs of operating the scheme.
the Secretary of State, or
a person acting on behalf of the Secretary of State,
a person who markets or supplies construction products to others, and
“initial qualifying lease” means a lease which is a qualifying lease under section 119(2);
the costs of the temporary accommodation, and
A justice of the peace may issue a warrant in respect of domestic premises specified in the warrant if satisfied, on an information in writing made by an authorised officer, that— The warrant— The warrant may limit the times at which the power of entry may be exercised. For this purpose “additional powers” means— An additional power may be specified in the warrant only if the justice of the peace is satisfied that it is necessary to confer the power.
A person who fails without reasonable excuse to comply with a requirement under paragraph 4 commits an offence. A person guilty of an offence under this paragraph is liable—
The regulator and a person mentioned in sub-paragraph (4) must cooperate with each other in the exercise of— The regulator may disclose to a person mentioned in sub-paragraph (4) information held in connection with any of its building functions, for the purpose of any of those functions or any relevant functions of the person. A person mentioned in sub-paragraph (4) may disclose to the regulator information held in connection with any of their relevant functions, for the purpose of any of those functions or any building function of the regulator. The persons are— “Relevant scheme” means— In this paragraph “relevant function” means—
The Secretary of State may by regulations make provision requiring the regulator and any prescribed public authority to cooperate with each other in the exercise of— The Secretary of State may by regulations make provision authorising a relevant person and any prescribed public authority to disclose prescribed information to each other for the purpose of— In this paragraph “relevant person” and “relevant function” have the meaning given in paragraph 2.
In this Schedule— The definition of “service charge” applies in relation to a lease of premises that do not include a dwelling as it applies in relation to a lease of a dwelling.
No service charge is payable under a qualifying lease in respect of a relevant measure relating to any relevant defect if the value of the qualifying lease at the qualifying time was less than— For the purposes of this paragraph the value of a qualifying lease at the qualifying time is its value determined in accordance with paragraph 6 and regulations made under it.
A relevant service charge which would otherwise be payable under a qualifying lease is payable only if (and so far as) the sum of— does not exceed one tenth of the permitted maximum. In this paragraph—.
This paragraph supplements paragraphs 2 to 4, 8 and 9 (the “relevant paragraphs”). Where a relevant paragraph provides that no service charge is payable under a lease in respect of a thing— In this paragraph— The Secretary of State may by regulations modify the application of this paragraph as it applies in relation to a lease of premises that do not include a dwelling.
This paragraph applies in relation to a lease that meets the conditions in paragraphs (a) to (c) of section 119(2). The lease is to be treated for the purposes of this Schedule as a qualifying lease unless— In this paragraph “qualifying lease certificate” means a certificate, complying with any prescribed requirements, that the condition in section 119(2)(d) was met in relation to the lease at the qualifying time. The requirements that may be prescribed include requirements as to—
The Secretary of State may by regulations make provision requiring a relevant landlord to give prescribed information or documents to a relevant tenant or other prescribed person. Information or documents may be prescribed if they relate to any matter with which this Schedule is concerned. The regulations may require the information or documents to be given in a prescribed way. The regulations may provide that where a relevant landlord fails to comply with the regulations, prescribed costs— The regulations may make provision for and in connection with an application to the First-tier Tribunal for an order— “Specified” here means specified in the order. Nothing in sub-paragraph (5) limits the effect of regulations made by virtue of sub-paragraph (4). Information or documents may be specified in an order under sub-paragraph (5) only if the regulations require them to be provided to the specified person. In this paragraph—
The scheme must include provision about the procedure for becoming and remaining a member of the scheme. That provision may include— If the scheme includes a requirement mentioned in sub-paragraph (2)(c), it must also include a requirement to publish the procedures.
For the purposes of this Schedule, “safety-critical products” means construction products which are included in a list contained in construction products regulations. A construction product may only be included in a list under sub-paragraph (1) if— Before including a construction product in the list, or amending the list, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
Construction products regulations may, in connection with the exercise by relevant authorities of their construction product functions, make provision for and in relation to— Provision under sub-paragraph (1) may include provision—
In this Schedule—
In section 21 of the Landlord and Tenant Act 1985 (service charge information), in subsection (6A) (inserted by section 112), after “2022)” insert “or relevant buildings (as defined by section 117 of that Act)”.
The scheme may provide for different categories of member and the provision mentioned in paragraph 2 (including provision about fees) may differ as between such categories.
Construction products regulations may make provision for and in relation to standards for safety-critical products (“safety-critical standards”). Provision under sub-paragraph (1) may include provision as to—
Construction products regulations may make provision for and in relation to the publication by relevant authorities of information held by them in connection with their construction product functions. Provision under sub-paragraph (1) may include provision as to—
Construction products regulations may—
impose requirements on persons carrying out activities in relation to safety-critical products for which there are safety-critical standards under the regulations (see paragraph 13);
confer powers on relevant authorities to impose requirements on such persons (see paragraph 14).
Construction products regulations may make provision prohibiting the disclosure of information held by relevant authorities in connection with their construction product functions. Provision under sub-paragraph (1) may include provision for the creation of criminal offences.
Provision under paragraph 12(a) (imposition of requirements) may include any provision referred to in paragraph 7.
Provision under paragraph 12(b) (conferral of powers) may include provision conferring powers on a relevant authority to impose requirements on persons carrying out activities in relation to construction products in circumstances where— The powers referred to in sub-paragraph (1) include powers by notice to— Provision under sub-paragraph (2) may include provision for appeals against a notice.
the spread of fire, or
“relevant steps”: see section 120;
“special measures order” has the meaning given by paragraph 1 of Schedule 7;
A justice of the peace may issue a warrant in respect of non-domestic premises specified in the warrant if satisfied, on an information in writing made by an authorised officer, that it is necessary— The warrant authorises any authorised officer to enter the premises at any time (subject to sub-paragraph (3)) for the purposes specified in the warrant, by force (if necessary). The warrant may limit the times at which the power of entry may be exercised. Sub-paragraphs (2) to (5) of paragraph 1 apply in relation to the power of entry conferred by a warrant under this paragraph as they apply in relation to the power of entry conferred by sub-paragraph (1) of that paragraph.
Anything that has been seized under paragraph 1(5), or any document produced under paragraph 4, may be retained for so long as is necessary in all the circumstances.
Nothing in this Schedule confers power to— in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
seize anything, or
compel the production by any person of a document or information,
The Building Act 1984 is amended as follows.
A covenant or agreement (whenever made) is void insofar as it purports to exclude or limit any provision made under this Schedule.
Parts 3 and 4 confer further functions on the regulator in relation to higher-risk buildings.
The regulator must keep under review—
the safety of people in or about buildings in relation to risks as regards buildings, and
the standard of buildings.
The regulator must provide such assistance and encouragement as it considers appropriate to— with a view to facilitating their improving the competence of persons in that industry or members of that profession (as the case may be).
persons in the built environment industry, and
registered building inspectors,
For the meaning of “the built environment industry” and “registered building inspector” see section 30.
This section applies to regulations under—
this Part, or
any provision of Part 4 except section 62, 65 or 68.
The regulator may at any time make proposals to the Secretary of State for the making of regulations.
Before making a proposal, the regulator must consult such persons as it considers appropriate.
Before making regulations, other than regulations proposed by the regulator, the Secretary of State must consult—
the regulator, and
such other persons as the Secretary of State considers appropriate.
The regulator must make arrangements for a person to establish and operate a voluntary occurrence reporting system.
A “voluntary occurrence reporting system” is a system to facilitate the voluntary giving of information about building safety to the person who operates the system.
The regulator must ... establish and maintain a committee to be known as the Building Advisory Committee, with the following function.
That function is to give advice and information to the regulator about matters connected with any of the regulator’s building functions except its functions relating to the competence of—
persons in the built environment industry, and
registered building inspectors.
The Building Regulations Advisory Committee for England, established under section 14 of the Building Act 1984, is abolished.
The regulator must ... establish and maintain a committee concerned with the competence of persons in the built environment industry (“industry competence”), with the following functions (and any other function that the regulator considers appropriate).
The functions are—
monitoring industry competence;
advising the regulator in relation to industry competence;
advising persons in the built environment industry in relation to industry competence;
facilitating persons in the built environment industry to improve industry competence;
providing guidance to the public (or a section of the public) about ways of assessing the competence of persons in the built environment industry;
carrying out analysis and research in connection with a function mentioned in any of paragraphs (a) to (e).
The regulator must ... establish and maintain a committee with the functions mentioned in this section (and any other function that the regulator considers appropriate).
The committee is to consist of—
such residents of higher-risk buildings as the regulator considers appropriate, and
such relevant persons (if any) as it considers appropriate.
The regulator must take all reasonable steps to ensure that the committee includes—
one or more residents of a higher-risk building who are disabled,
a body that represents, supports or promotes the interests of any description of disabled people that includes residents of higher-risk buildings, or
a member of a body within paragraph (b).
The committee is to give advice to the regulator about such matters connected with the regulator’s building functions and relating to higher-risk buildings as the regulator may specify.
The regulator must consult the committee before issuing or revising any of the following—
guidance to residents of higher-risk buildings about any of their rights or obligations under Part 4 or regulations made under that Part;
guidance relating to any duty under regulations made under section 89 to give information or documents to residents of higher-risk buildings or owners of residential units in such buildings;
guidance relating to any of sections 91 to 93 or 95 or regulations made under any of those sections (engagement with residents etc, and residents’ duties).
If the committee has not been established at a time when the regulator has prepared guidance to which subsection (5) applies—
that subsection has effect as if it did not require the committee to be consulted before the guidance is issued, and
the committee must be consulted in relation to the issued guidance as soon as reasonably practicable.
See also—
section 17(3) (duty to consult committee about regulator’s strategic plan);
section 94(2) (duty to consult committee about regulator’s complaints system).
In this section—
The Secretary of State may by regulations amend or repeal any of sections 9 to 11 (provision about specific committees).
But regulations repealing section 9, 10 or 11 may be made only if the regulator has made a proposal to the Secretary of State for the making of such regulations (as to which see section 7(2)).
Regulations under this section may make consequential amendments of this Act.
A relevant authority may at the request of the regulator do anything for the purpose of—
facilitating the exercise by the regulator of a relevant function, or
enabling the relevant authority to facilitate the exercise by the regulator of a relevant function.
The regulator may, for a purpose mentioned in paragraph (a) or (b) of subsection (1), direct a relevant authority to do anything specified in the direction.
The direction may specify the way in which, and the time by which, the thing is to be done.
A direction—
may be given only if the regulator considers that it is expedient for the authority to do the specified thing, and
must state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise.
A direction may be given only with the consent of the Secretary of State.
Before giving a direction, the regulator must—
make a written request under subsection (1) for the authority to do the thing, and
have regard to any written representations made by the authority in the period specified in the request.
A request under subsection (6)(a) must—
state that the regulator may seek consent to give a direction under this section if the request is not complied with,
state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise, and
specify a reasonable period for the authority to make any representations as to why it should not do the thing requested.
In this section—
“relevant building”: see section 117;
The scheme must include provision about the appointment of the new homes ombudsman.
Construction products regulations may— For the purposes of this paragraph a construction product is a “safe product” if, under normal or reasonably foreseeable conditions of use, and taking into account any matters specified for the purposes of this paragraph by construction products regulations— In this paragraph—
an owner of a residential unit in a higher-risk building,
“special measures manager” has the meaning given by paragraph 1 of Schedule 7;
An authorised officer may enter any non-domestic premises which the officer has reason to believe it is necessary for the officer to enter for a relevant purpose— The officer may be accompanied by any person, and bring anything, required for any purpose for which the officer is exercising the power of entry. If the officer has reasonable cause to expect any obstruction in the exercise of any relevant power, the officer may be accompanied by a constable. The officer may— The officer may seize anything if it appears to the officer—
An authorised officer may for a relevant purpose require a person to give specified information or documents to the officer by such time as may be specified. In the case of a document consisting of information held in electronic form, the officer may require it to be produced— The officer may inspect and take copies of (or of any information in) any document that is produced. An authorised officer may for a relevant purpose require a person to provide such facilities and assistance to the officer as may be specified, by such time as may be specified. A requirement under this paragraph is imposed by the authorised officer in question giving, to the person in question, a notice in writing that states— Information provided by a person under sub-paragraph (1) is not admissible in evidence against that person in criminal proceedings except— In this paragraph—
In this Schedule — In sub-paragraph (1) “relevant building function” has the meaning given by section 22.
The regulator and a local authority must cooperate with each other in the exercise of their relevant functions. The regulator and a fire and rescue authority must cooperate with each other in the exercise of— The regulator and an FSO authorised person must cooperate with each other in the exercise of their relevant functions. A relevant person may disclose information held in connection with any of their relevant functions to another relevant person for the purposes of a relevant function of either of them. In this paragraph—
The regulator may disclose to a constable information held by it in connection with any of its building functions. A constable to whom information is disclosed in pursuance of sub-paragraph (1) must not use the information for a purpose other than—
In the following provisions for “a magistrates’ court” substitute “the appropriate court or tribunal”—
section 19(4) (use of short-lived materials);
section 21(3), (4) and (6) (provision of drainage);
section 22(4) (drainage of buildings in combination);
section 24(2) (provision of exits etc);
section 25(2) and (5) (provision of water supply);
section 33(6) (tests for conformity with building regulations);
section 36(3) (period for compliance with section 36 notice);
section 40(1) (appeal against section 36 notice);
section 55(1) (appeal against rejection of certain notices);
section 62(2) (disconnection of drain);
section 68(3) (erection of public conveniences);
section 73(2) (raising of chimney);
section 75(2), in both places it occurs, and section 75(3) (cellars etc below subsoil);
section 77(1), in both places it occurs (dangerous buildings);
section 78(7)(a) (dangerous buildings - emergency measures);
section 85(3) (maintenance of entrances to courtyards);
section 98 (power to require occupier to permit work);
section 102(1) (appeal against notice requiring works);
section 103(3) (notification requirement as regards right of appeal);
in Schedule 2, paragraph 3(3) (application under section 8).
In this Schedule “financial management proposal”, in relation to a higher-risk building, means a document setting out— In this Schedule “relevant expenses” means expenses incurred by the special measures manager for a higher-risk building in connection with the exercise of their functions in relation to the building.
This paragraph applies where a special measures order relating to a higher-risk building requires one or more accountable persons for the building to make payments to the special measures manager for the building. The manager must hold the payments (together with any income accruing on those payments) as either— The manager must hold any trust fund— The accountable person or persons for the building for the time being are to be treated as entitled by virtue of sub-paragraph (3)(b) to— An application for a direction under sub-paragraph (4)(b) may be made by—
“relevant defect”: see section 120;
In this Schedule any reference to a function under an enactment includes a function under an instrument made under the enactment.
The regulator may disclose to the Secretary of State information held in connection with any of its building functions, for the purpose of any of those functions or any relevant function of the Secretary of State. The Secretary of State may disclose to the regulator information held in connection with any relevant function, for the purpose of any relevant function or any building function of the regulator. In this paragraph “relevant function” means any function of the Secretary of State (whether or not under an enactment) that relates to buildings.
In Schedule 1 to the Freedom of Information Act 2000, in Part 6 omit the entry relating to the Building Regulations Advisory Committee for England.
The scheme must include provision about the enforcement of determinations made by the new homes ombudsman. That provision may include provision for the expulsion of a member from the scheme (and the requirement in section 137(1)(a) is not to be read as preventing the new homes ombudsman scheme from including such provision). If provision described in sub-paragraph (2) is included in the scheme, provision must also be made about the circumstances in which an expelled member can rejoin the scheme.
The scheme must include provision about how complaints about the operation of the scheme may be made by—
members of the scheme, and
persons who have asked for a complaint to be investigated under the scheme.
The scheme must include provision about the making of reports on the operation of the scheme.
In section 7(2)(b) after “court” insert “or tribunal”.
In section 25(5) after “the court”, in both places it occurs, insert “or tribunal”.
In section 33(6) after “the court”, in both places it occurs, insert “or tribunal”.
In section 37(3) for “a court” substitute “the appropriate court or tribunal”.
In section 40 after “the court”, in each place it occurs, insert “or tribunal”.
In section 55(2) after “court” insert “or tribunal”.
In section 62(2) after “the court” insert “or tribunal”.
In section 64(5)(b) after “court” insert “or tribunal”.
In section 70(4)(b) after “court” insert “or tribunal”.
In section 75(2) after “court” insert “or tribunal”.
In section 77(1) after “court” insert “or tribunal”.
In section 78(7)(b) after “court” insert “or tribunal”.
In section 83(3)(b) after “court” insert “or tribunal”.
In section 98—
for “a complaint” substitute “an application or (as the case may be) complaint”;
after “court” insert “or tribunal”.
In section 102(2), (3) and (4) after “court”, in each place it occurs, insert “or tribunal”.
Section 103 is amended as follows. After subsection (1) insert— In subsection (2)— In subsection (3) “local” substitute “relevant”. After that subsection insert— In the heading for “magistrates’ court” substitute “appropriate court or tribunal”.
In section 104 after “court”, in both places it occurs, insert “or tribunal”.
In section 105 after “court” insert “or tribunal”.
In Schedule 2 in paragraph 2(b) after “court” insert “or tribunal”.
Construction products regulations may make provision for and in relation to— Provision under sub-paragraph (1)(a) may include— Provision under sub-paragraph (1)(b) may include provision conferring powers on a relevant authority by notice to— Provision under sub-paragraph (1)(b) may also include— Provision under sub-paragraph (1)(c) or (4)(a)(ii) may include— Provision under sub-paragraph (1)(b) or (c) or (4)(a)(ii) may include provision for appeals against anything done by a relevant authority under that provision. Provision under sub-paragraph (1) may include any provision—
Construction products regulations are to be made by statutory instrument. Construction products regulations which contain provision specified in sub-paragraph (3) (with or without other provision) may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament. The provision referred to in sub-paragraph (2) is— A statutory instrument containing construction products regulations to which the requirements specified in sub-paragraph (2) do not apply is subject to annulment in pursuance of a resolution of either House of Parliament.
in connection with the taking of relevant steps in relation to such a defect.
In section 10(6) (procedure where appeal against decision of local authority under section 8) for the words from “to the Secretary of State” to the end substitute copies of the representations to—
After section 101 insert—
Construction products regulations may make provision for and in relation to—
designated standards for construction products (see paragraph 4);
technical assessments for construction products (see paragraph 5).
Construction products regulations may make provision for a relevant authority to impose charges on a person carrying out activities in relation to construction products, or an authorised representative of such a person, in respect of the exercise of the relevant authority’s construction product functions in relation to such a person. The regulations may include provision about— Provision under this paragraph may confer a discretion on the relevant authority.
Section 20 (use of materials unsuitable for permanent building) is amended as follows. In subsection (5) omit the words from “to the Secretary of State” to the end. After that subsection insert—
Provision under paragraph 3(a) (designated standards) may include provision— Provision under sub-paragraph (1)(a) may include provision as to—
Section 39 (appeal against refusal to relax building regulations) is amended as follows. In subsection (1) omit “to the Secretary of State”. After that subsection insert— Omit subsections (3) to (6).
Provision under paragraph 3(b) (technical assessments) may include provision as to the procedure by which and persons by whom technical assessments are to be issued. Provision under sub-paragraph (1) may include provision for assessment bodies to issue technical assessments on the basis of assessment documents developed or adopted by them, and in particular provision—
Section 42 (appeal and statement of case to High Court in certain cases) is amended as follows. Before subsection (1) insert— In subsection (1)— In subsection (2) for paragraph (b) substitute—. In subsection (3)— In subsection (4) for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”. Omit subsection (7).
Construction products regulations may—
impose requirements on persons carrying out activities in relation to construction products for which there are designated standards or technical assessments under the regulations (see paragraph 7);
confer powers on relevant authorities to impose requirements on such persons (see paragraph 8).
Omit section 43 (procedure on appeal to Secretary of State on certain matters).
Provision under paragraph 6(a) (imposition of requirements) may include provision for the imposition of requirements relating to— Provision about declarations of performance under sub-paragraph (1)(a) may include provision as to— Provision about the marking of products under sub-paragraph (1)(c) may include provision as to— Provision about the monitoring, assessment and verification of product performance under sub-paragraph (1)(e) may include provision as to— Requirements which may be imposed on persons carrying out activities in relation to construction products under paragraph 6(a) may also be imposed on the authorised representatives of such persons.
After that section insert—
Provision under paragraph 6(b) (conferral of powers) may include provision conferring powers on a relevant authority to impose requirements on persons carrying out activities in relation to construction products in circumstances where— The powers referred to in sub-paragraph (1) may include powers by notice to— Provision under sub-paragraph (2) may include provision for appeals against a notice.
In section 50 (plans certificates) for subsections (2) and (3) substitute—
Construction products regulations may include any provision—
which is made in the 2011 Regulation or the 2019 or 2020 Regulations immediately after IP completion day, or
which relates to any matter in respect of which provision is made in that Regulation or those Regulations immediately after that time.
A direction or consent under this section must be in writing.
An FSO authorised person may at the request of the regulator do anything for the purpose of—
facilitating the exercise by the regulator of a relevant function, or
enabling FSO authorised persons to facilitate the exercise by the regulator of a relevant function.
In this section—
in a case where the building consists of a dwelling, a legal or equitable interest in the building, and
This section supplements sections 13 and 14.
A relevant authority must ensure that any of its staff involved in providing relevant assistance to the regulator have the appropriate skills, knowledge, experience and behaviours.
For this purpose “relevant assistance” means anything done by the authority pursuant to a request or direction, for the purpose of facilitating the exercise by the regulator of a relevant function.
The Secretary of State may by regulations make provision about the reimbursement by the regulator of expenditure incurred by relevant authorities in complying with requests or directions.
The Secretary of State may pay a relevant authority such amount as the Secretary of State considers appropriate in respect of things done by the relevant authority in complying with a request or direction.
The Secretary of State may by regulations make further provision in relation to requests and directions, including in particular provision about—
things done by a relevant authority in connection with a request or direction;
things done by an FSO authorised person in connection with a request.
In this section—
“works” means works—
a dwelling, or
In this Schedule—
The regulator may apply to the tribunal for an order under this paragraph in relation to an occupied higher-risk building (a “special measures order”). A special measures order is an order appointing a person to be the manager (a “special measures manager”) for the building to carry out the functions of all accountable persons for the building under, or under regulations made under, this Part. A special measures order may also appoint the manager to carry out any function as a receiver in relation to commonhold building safety assessments. The tribunal may make a special measures order if satisfied that there has been a serious failure, or a failure on two or more occasions, by an accountable person for the building to comply with a duty imposed on that person under, or under regulations made under, this Part. A special measures order may make provision with respect to— A special measures order may not make the provision mentioned in sub-paragraph (5)(a) in relation to a higher-risk building on commonhold land. A special measures order continues in force until it is discharged. In this Schedule “commonhold building safety assessment” means income raised from commonhold unit-holders by virtue of section 38A of the Commonhold and Leasehold Reform Act 2002.
Sub-paragraphs (2) and (6) apply while a special measures order relating to a higher-risk building is in force. A relevant contract has effect as if relevant rights and liabilities of an accountable person for the building arising under the contract were rights and liabilities of the special measures manager for the building. A contract is a “relevant contract” if— A right or liability of an accountable person for the building under a relevant contract is a “relevant right or liability” if it relates to a function of that person under, or under regulations made under, this Part in relation to the building. The notice under sub-paragraph (3)(e) must state which rights or liabilities under the contract are relevant rights or liabilities. The special measures manager for the building may bring, continue or defend a relevant cause of action. A cause of action is a “relevant cause of action” if— Where, by virtue of this paragraph, the special measures manager for the building is subject to a liability to pay damages in respect of anything done (or not done) before the date of their appointment by or on behalf of an accountable person for the building, that person is liable to reimburse to the manager an amount equal to the amount of damages paid by the manager.
This paragraph applies while a special measures order relating to a higher-risk building is in force. On an application by a person mentioned in sub-paragraph (3) the tribunal may give directions to the special measures manager for the building or any other person with respect to— The persons are—
The tribunal may vary or discharge a special measures order relating to a higher-risk building on an application by— An application to vary a special measures order so as to change the identity of the manager may only be made by the regulator. In considering whether to vary or discharge an order the tribunal must have regard to— Sub-paragraphs (2) and (3) do not apply on an application where each person mentioned in sub-paragraph (1) agrees to the application (and for this purpose where there is more than one accountable person each accountable person must agree). Sub-paragraph (4) does not require the agreement of the special measures manager where that person lacks capacity to agree to the application. Where the order is varied or discharged, the tribunal may give directions to any person with respect to— Where the order is discharged the tribunal must direct the special measures manager to— The tribunal may give a direction under sub-paragraph (6)(a) (at the time the order is discharged or after that time) for the making of a payment— In this paragraph— In this paragraph “special measures manager”, in relation to a higher-risk building, includes the person who was the special measures manager for that building immediately before the special measures order relating to the building was discharged.
In this Schedule—
The Secretary of State may by regulations make provision in relation to the marketing and supply of construction products in the United Kingdom. Regulations under this paragraph are called “construction products regulations”.
“authorised officer” means a person in respect of whom an authorisation under section 22 is in force;
After section 105 insert—
This paragraph applies where the regulator proposes to make an application under paragraph 4 for a special measures order in relation to an occupied higher-risk building. The regulator must give a notice (an “initial notice”) of the proposal to— The initial notice must— Where the terms specified by virtue of sub-paragraph (3)(d) include a term requiring an accountable person for the building to make payments to the special measures manager for the building, the regulator must give to the persons mentioned in sub-paragraph (2) a financial management proposal with the initial notice. After the end of the period mentioned in sub-paragraph (3)(e) the regulator must— The final notice must— Where the terms specified by virtue of sub-paragraph (6)(c) include a term requiring an accountable person for the building to make payments to the special measures manager for the building, the regulator must give to the persons mentioned in sub-paragraph (2) a financial management proposal with the final notice. The regulator must comply with sub-paragraphs (5) to (7) before making the application. The duty under sub-paragraph (2), (4), (5)(b) or (7) does not apply in relation to a person mentioned in sub-paragraph (2) if the regulator— In this paragraph— The Secretary of State may by regulations make provision in relation to notices under this paragraph, including in particular provision about— The Secretary of State may by regulations amend the list in sub-paragraph (2).
This paragraph applies where a special measures order is made in relation to a higher-risk building. While the order is in force any function of an accountable person for the building under, or under regulations made under, this Part is to be treated as a function of the special measures manager for the building, except any function relating to— Any compliance notice given under section 99 relating to the building ceases to have effect (but this does not affect any liability incurred as a result of a contravention of a compliance notice occurring before the making of the order).
Sub-paragraph (2) applies where— The tribunal may amend the section 24 order so as to ensure that the functions to be carried out by virtue of that order do not include any function that the special measures order provides is to be carried out by the special measures manager. In section 24 of the Landlord and Tenant Act 1987, after subsection (2B) insert—
This paragraph applies while a special measures order relating to a higher-risk building is in force. The regulator must, from time to time (and at least once every 12 months), review the following matters— If, on such a review, the regulator considers that any term of the order should be varied, it must make such application under paragraph 14 as it considers appropriate.
The regulator must take all reasonable steps to notify the persons mentioned in sub-paragraph (2) of the making, variation or discharge of a special measures order in relation to a higher-risk building. The persons are— In this paragraph “relevant part”, in relation to a higher-risk building, has the meaning given by paragraph 2(10). The Secretary of State may by regulations amend the list in sub-paragraph (2).
No service charge is payable under a qualifying lease in respect of a relevant measure relating to any relevant defect if the landlord under the lease at the qualifying time (“the relevant landlord”) met the contribution condition. The contribution condition is that the landlord group’s net worth at the qualifying time was more than N x £2,000,000, where N is the number of relevant buildings within sub-paragraph (3). A relevant building is within this sub-paragraph if a member of the landlord group was, at the qualifying time, a landlord under a lease of the relevant building or any part of it. For the purposes of this paragraph— The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (2). This paragraph does not apply if, at the qualifying time, the relevant landlord was—
In paragraph 5 “the permitted maximum”, in relation to a qualifying lease, has the following meaning. The permitted maximum is (subject to sub-paragraphs (3) to (5))— Where the value of the qualifying lease at the qualifying time exceeded £1,000,000 but did not exceed £2,000,000, the permitted maximum is £50,000. Where the value of the qualifying lease at the qualifying time exceeded £2,000,000, the permitted maximum is £100,000. Where the qualifying lease is a shared ownership lease and the tenant’s total share was less than 100% at the qualifying time— The Secretary of State may by regulations make provision about the determination of the value of a qualifying lease for the purposes of paragraph 4 and this paragraph. The regulations may in particular provide that, except in prescribed cases, the value of a qualifying lease at the qualifying time is to be determined by— In this paragraph “shared ownership lease” and “total share” have the meaning given by section 7 of the Leasehold Reform, Housing and Urban Development Act 1993.
No service charge is payable under a qualifying lease in respect of legal or other professional services relating to the liability (or potential liability) of any person incurred as a result of a relevant defect. In this paragraph the reference to services includes services provided in connection with—
The Secretary of State may by regulations make provision for and in connection with the recovery, from a prescribed relevant landlord, of any amount that is not recoverable under a lease as a result of this Schedule. In this paragraph “relevant landlord”, in relation to a lease, means the landlord under the lease or any superior landlord.
The Secretary of State may by regulations make provision requiring a tenant under a qualifying lease to give prescribed information or documents to the landlord under the lease or any superior landlord. The regulations may provide that the information or documents are to be given in a prescribed way.
The Landlord and Tenant Act 1987 is amended as follows. In section 21(2) after “subsection (3)” insert “and section 24ZA”. After section 24 insert—
The regulator may issue guidance to—
relevant authorities about their functions under section 13;
FSO authorised persons about their functions under section 14.
The regulator may revise or withdraw any issued guidance.
A relevant authority must have regard to any guidance under this section when exercising its functions under section 13.
An FSO authorised person must have regard to any guidance under this section when exercising their functions under section 14.
Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State.
In this section—
“temporary accommodation costs”, in relation to a decant from a relevant building, means—
The regulator must—
prepare a strategic plan, and
submit it to the Secretary of State for approval.
A “strategic plan” is a plan setting out how the regulator proposes to carry out its building functions in the period to which the plan relates.
Before submitting it, the regulator must consult—
the committee mentioned in section 11 (residents’ panel), and
such other persons as the regulator considers appropriate.
The Secretary of State may approve the plan, with or without modifications.
Before approving the plan with modifications, the Secretary of State must consult the regulator.
The regulator must publish the approved plan, and act in accordance with it.
The first plan—
must be submitted as soon as reasonably practicable after this section comes into force, and
must relate to a period ending with the third 31 March to occur after the day on which it is submitted.
If the committee mentioned in section 11 has not been established at the time the first plan is prepared—
subsection (3) has effect as if it did not require the committee to be consulted before the plan is submitted, and
the committee must be consulted in relation to the first approved plan as soon as reasonably practicable.
Any other plan—
must be submitted before the end of the period to which the most recent approved plan relates (“the current period”), and
must relate to the period of three years, or such other period as the Secretary of State and the regulator may agree, beginning immediately after the end of the current period.
This section supplements section 17.
The regulator may at any time in the period to which a plan relates—
prepare a revised plan relating to the remainder of that period (or to such other period as the Secretary of State and the regulator may agree), and
submit it to the Secretary of State for approval.
The Secretary of State may at any time during the period to which a plan relates require the regulator to submit a revised plan for approval.
Where such a requirement is made, the revised plan—
must be submitted as soon as reasonably practicable, and
must relate to the remainder of the period to which the current plan relates (or to such other period as the Secretary of State and the regulator may agree).
Section 17(3) to (6) apply in relation to a revised plan.
If approved, the revised plan replaces the current plan.
In this section—
As soon as reasonably practicable after the end of each financial year, the regulator must prepare and publish a report about the information provided to it during that year pursuant to the mandatory reporting requirements.
For this purpose, information is provided pursuant to the “mandatory reporting requirements” if it is provided under—
section 87 (duty of accountable person to report to regulator), or
any provision of building regulations that is prescribed by the regulations for the purposes of this section.
A report under this section must not contain personal data.
The regulator must, at least once each financial year, publish a statement about its engagement with—
the committee mentioned in section 11 (residents’ panel),
residents of higher-risk buildings,
owners of residential units in higher-risk buildings, and
bodies that represent, support or promote—
the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or
the interests of persons including any description of such residents or owners.
A statement under subsection (1) must, in particular, include information about the regulator’s engagement with residents of higher-risk buildings who are disabled.
A statement under subsection (1) may be published by including it in the regulator’s annual report.
In this section—
to remedy a relevant defect in a relevant building, or
The regulator may give financial assistance to the special measures manager for a higher-risk building by way of loans or grants. The Secretary of State may by regulations make provision in relation to financial assistance given under this paragraph, including in particular provision about— In this paragraph “special measures manager”, in relation to a higher-risk building, includes the person who was the special measures manager for that building immediately before the special measures order relating to the building was discharged.
This paragraph applies where the regulator proposes to make an application under paragraph 14 to vary a special measures order relating to a higher-risk building. The regulator must give a notice (an “initial notice”) of the proposal to— The initial notice must— After the end of the period mentioned in sub-paragraph (3)(d) the regulator must— The final notice must— The regulator must comply with sub-paragraphs (4) and (5) before making the application. The duty under sub-paragraph (2) or (4)(b) does not apply in relation to a person mentioned in sub-paragraph (2) if the regulator— In this paragraph “relevant part”, in relation to a higher-risk building, has the meaning given by paragraph 2(10). The Secretary of State may by regulations make provision in relation to notices under this paragraph, including in particular provision about— The Secretary of State may by regulations amend the list in sub-paragraph (2).
Sub-paragraphs (2) and (3) apply where at any time (“the relevant time”) during which a special measures order relating to a higher-risk building is in force, an accountable person for the building (“the outgoing person”) ceases to be responsible for all or any part of the building (“the relevant part of the building”). From the relevant time the special measures order ceases to apply to the outgoing person in relation to the relevant part of the building. From the relevant time the special measures order applies to any person who, immediately after the relevant time— as it applied to the outgoing person in relation to the relevant part or part of the relevant part (as the case may be) immediately before the relevant time. But sub-paragraphs (2) and (3) do not affect any liability under the order to which the outgoing person became subject before the relevant time. Where an enactment requires interests, charges or other obligations affecting land to be registered, sub-paragraph (3) has effect whether or not the special measures order is registered. Nothing in this paragraph affects the powers of the tribunal under paragraph 14 (power to vary special measures order etc).
This paragraph applies in relation to a lease of any premises in a relevant building. No service charge is payable under the lease in respect of a relevant measure relating to a relevant defect if a relevant landlord— For the purposes of this paragraph a person is “responsible for” a relevant defect if— In this paragraph—
A service charge which would otherwise be payable under a qualifying lease in respect of a relevant measure relating to any relevant defect is payable only if (and so far as) the sum of— does not exceed the permitted maximum. In this paragraph “relevant service charge” means a service charge under the lease in respect of a relevant measure relating to any relevant defect that— In sub-paragraph (2) “the pre-commencement period” means the period— “The relevant person” means the person who was the tenant under the qualifying lease at commencement. In this paragraph—
No service charge is payable under a qualifying lease in respect of cladding remediation. In this paragraph “cladding remediation” means the removal or replacement of any part of a cladding system that—
Where— the lease has effect as if the amount payable were the original amount.
an amount (“the original amount”) would, apart from this Schedule, be payable by a tenant under a lease of premises in a relevant building, and
a greater amount would (apart from this paragraph) be payable under the lease as a result of this Schedule,
The person who was the landlord under a qualifying lease at the qualifying time (“the relevant landlord”) is to be treated for the purposes of this Schedule as having met the contribution condition (as defined by paragraph 3) unless the landlord under the lease provides to the tenant under the lease a certificate, complying with any prescribed requirements, that the relevant landlord did not meet that condition. The Secretary of State may by regulations provide that (in some or all cases) the condition in paragraph 2(2) is to be treated for the purposes of this Schedule as met in relation to a lease to which paragraph 2 applies unless the landlord under the lease provides to the tenant under the lease a certificate that complies with any prescribed requirements. The requirements that may be prescribed include requirements as to—
The scheme must include provision about the investigation and determination by the new homes ombudsman of complaints made under the scheme. That provision must include provision—
The scheme must include provision about the acceptance and handling of complaints transferred from a scheme previously available under section 136 but which is no longer available.
Where the scheme is maintained by a person other than the Secretary of State, the scheme must include provision about the provision of information to the Secretary of State, the Welsh Ministers, the Scottish Ministers and the relevant Northern Ireland department. In this paragraph, “the relevant Northern Ireland department” means the Northern Ireland department designated for the purposes of this paragraph by the First Minister and deputy First Minister acting jointly.
The forms of redress are—
paying compensation;
making an apology;
providing an explanation;
taking such other action in the interests of the complainant as the new homes ombudsman may specify.
Before the end of the period of three years beginning when this section comes into force, the regulator must—
carry out a cost-benefit analysis of making regular inspections of, and testing and reporting on, the condition of electrical installations in relevant buildings;
consider what further provision under the Building Act 1984, or in guidance under that Act, may be made about— with a view to improving the safety of persons in or about relevant buildings, and carry out a cost-benefit analysis of the making of that provision.
stairs and ramps in relevant buildings,
emergency egress of disabled persons from relevant buildings, and
automatic water fire suppression systems in relevant buildings,
Before the end of that period, the regulator must—
prepare one or more reports about the analysis mentioned in subsection (1) (which may also contain recommendations), and
give them to the Secretary of State.
The Secretary of State must publish any report received under subsection (2).
In this section “cost-benefit analysis” means—
an analysis of the costs together with an analysis of the benefits that will arise if the things mentioned in subsection (1)(a) are done or the provision mentioned in subsection (1)(b) is made, and
an estimate of those costs and of those benefits (subject to subsection (5)).
If, in the opinion of the regulator— the cost-benefit analysis need not estimate them, but must include a statement of the regulator’s opinion and an explanation of it.
the costs or benefits cannot reasonably be estimated, or
it is not reasonably practicable to produce an estimate,
In this section—
The regulator may authorise a person in relation to specified paragraphs of Schedule 2 (investigatory powers), for the purposes of any specified relevant building function.
A person may be authorised in relation to a paragraph of the Schedule only if they appear to the regulator to be suitably qualified to exercise any power conferred by virtue of that paragraph or do anything else mentioned in that paragraph.
An authorisation—
must be in writing;
may be varied or revoked by an instrument in writing.
When exercising or seeking to exercise a power conferred by virtue of Schedule 2, an authorised officer must if asked produce the authorisation (including any instrument varying it) or a duly authenticated copy.
In this section—
A person who intentionally obstructs a person who is an authorised officer exercising a relevant building function commits an offence.
A person who, with intent to deceive, impersonates an authorised officer commits an offence.
In this section—
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person guilty of an offence under subsection (2) is liable on summary conviction to a fine.
A person commits an offence if they provide false or misleading information to the regulator— and the person knows that, or is reckless as to whether, the information is false or misleading.
in purported compliance with a building enactment or a requirement imposed by virtue of such an enactment,
in connection with an application made to the regulator under a building enactment, or
for the purpose of avoiding enforcement action being taken or continued,
In this section—
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
This section applies in relation to a prescribed decision of the regulator.
A prescribed person may, before the end of a period prescribed for the purposes of this subsection, give a notice to the regulator requiring it to carry out a review of the decision in accordance with this section.
A notice under subsection (2) must—
contain prescribed information,
be in the prescribed form, and
be given in the prescribed way.
The nature and extent of the review are to be such as appear to the regulator to be appropriate in the circumstances.
The review must take account of any representations made, or information given, by the person at a stage which gives the regulator a reasonable opportunity to consider the representations or information (and may take account of any other information).
On the conclusion of the review the regulator must either uphold or vary the decision.
The regulator must notify the person of the outcome of the review and its reasoning before the end of a period prescribed for the purposes of this subsection or such other period as may be agreed in writing (“the relevant period”).
Where the regulator is required to undertake a review but does not notify the person by the end of the relevant period—
the review is treated as having concluded at the end of that period, and the regulator is treated as having upheld the decision, and
the regulator must, as soon as reasonably practicable after the end of that period, notify the person of that fact.
The decisions that may be prescribed under subsection (1) are any decisions of the regulator under, or under an instrument made under, this Act or the Building Act 1984 except—
a decision made on an appeal to the regulator, or
a decision to do any of the following—
give a compliance notice under section 99 of this Act;
give a notice under section 35B, 35C or 36 of the Building Act 1984 (notices in respect of contraventions of building regulations etc);
make a disciplinary order under section 58I or 58U, or an order under section 58J or 58V, of that Act (misconduct of registered building inspector or building control approver);
give a notice under section 58Z4 or 58Z5, or act under section 58Z6 or 58Z7, of that Act (contravention of operational standards rules).
This section applies to a right of appeal against a decision of a kind prescribed under subsection (1) of section 25.
The right of appeal may be exercised only if the decision has been reviewed under that section.
If on the conclusion of the review the decision is varied, the right of appeal is in respect of the decision as varied (and not the original decision).
For the purpose of any time limit as regards the exercise of the right of appeal—
the decision is treated as made on the day on which the review concludes, and
a person is treated as notified of the decision on the day on which they are notified of the outcome of the review.
Schedule 3—
imposes duties of cooperation on the regulator and other persons, and
confers powers to share information on the regulator and other persons.
Except as provided by subsection (3), the disclosure of information under Schedule 3 does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
Schedule 3 does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by the Schedule).
The Secretary of State may by regulations make provision authorising the regulator— for or in connection with the performance of a relevant function.
to charge fees, and
to recover charges,
The regulations may—
prescribe a fee or charge, or
provide for the amount of a fee or charge to be determined by the regulator in accordance with the regulations.
The regulations may in particular—
provide that the amount of any charge is to be determined by the regulator in accordance with a scheme made and published by it, and
make provision about such schemes, including the principles to be embodied in such schemes.
The regulations may make provision about the effect of failing to pay a fee or charge in accordance with the regulations.
In this section “relevant function” means —
any function of the regulator under, or under regulations made under, this Part or Part 4, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The regulator may—
with the consent of the Secretary of State, provide services to a person in connection with any matter relating to buildings;
charge fees for such services at a rate agreed with the person.
Nothing in subsection (6) limits any other power of the regulator to charge for a service provided by it.
This section applies to a document required or authorised under this Part or Part 4, or regulations under either Part, to be given to a person; but this is subject to subsection (11).
The document may be given by—
delivering it by hand to the person,
leaving it at the person’s proper address,
sending it by post to the person at their proper address, or
sending it by email to an electronic address at which the person has agreed to receive documents or has agreed to receive the document.
The document may—
in the case of a body corporate, be given in accordance with subsection (2) to an officer of the body;
in the case of a partnership, be given in accordance with subsection (2) to a partner.
For the purposes of this section, the “proper address” of a person (except an authorised officer of the regulator) is—
in the case of a document to be given by or on behalf of the regulator to a person who has provided an address for service to the regulator, that address;
subject to that—
in the case of a body corporate (including a document given to an officer of the body), the address of its registered or principal office;
in the case of a partnership (including a document given to a partner), the address of its principal office;
in the case of any other person, their last known address.
For the purposes of this section, the “proper address” of an authorised officer of the regulator is—
the address specified by the officer, or
if no address is specified, the address of the regulator’s principal office.
If— the document may be given by addressing it to the owner or resident of the premises (naming the premises) or the accountable person of the building (naming the building) and fixing it to a conspicuous part of the premises or building.
the document is to be given to the person as the owner of any premises, a resident of any premises, or the accountable person of a higher-risk building, and
the person’s name and proper address is not known, despite reasonable steps having been taken to ascertain it,
A document left as mentioned in subsection (2)(b) is treated as given when it was left.
A document sent as mentioned in subsection (2)(c) is treated as given 48 hours after it was sent, unless the contrary is proved.
A document sent as mentioned in subsection (2)(d) is treated as given 24 hours after it was sent, unless the contrary is proved.
A document fixed as mentioned in subsection (6) is treated as given 48 hours after it was fixed.
This section does not apply to the giving of a document for which other provision is made by or under this Part or Part 4.
In this section—
The scheme must include provision about—
the matters in relation to which complaints against members of the scheme may be made under the scheme (which may include complaints about non-compliance with a code of practice issued or approved under section 142), and
the procedure for making complaints under the scheme.
The scheme must include provision about the making of improvement recommendations by the new homes ombudsman where following the investigation of a complaint the ombudsman identifies widespread or regular unacceptable standards of conduct or standards of quality of work on the part of members of the scheme. “Improvement recommendations” are recommendations about changes that members may make in order to improve standards of conduct or standards of quality of work.
The scheme may include provision about co-operation with persons who exercise functions under other redress schemes and, in particular, provision about arrangements for a person exercising functions under the scheme to do so jointly with a person exercising functions under another redress scheme, including for the making of joint determinations by the new homes ombudsman and an independent person making determinations under another redress scheme. In sub-paragraph (1), “redress scheme” has the same meaning as in section 137.
The provision mentioned in paragraph 6(b)—
must not include any requirement to pay a fee;
may differ as between different categories of member;
may include provision about the use of any internal procedures a member has in place for the handling or resolution of complaints.
In this Part—
“relevant steps”: see section 120;
In subsection (1), in the definition of “local authority”, “relevant unitary authority” means a council for a county in England so far as it is the council for an area for which there are no district councils.
The Secretary of State may by regulations provide that in any prescribed provision of this Part a reference to a building includes any of the following—
any other structure or erection of any kind (whether temporary or permanent);
any vehicle, vessel or other movable object of any kind, in such circumstances as may be prescribed.
In the Building Act 1984 after section 120C (inserted by Schedule 5) insert—
The Building Act 1984 is amended as follows.
In section 91—
in subsection (1) before paragraph (a) insert—;
in subsection (2) for the words from “sections” to the end substitute —;
after that subsection insert—;
in the heading at the end insert “and the regulator”.
After that section insert—
After section 121 insert—
In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 1 insert—
In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 5 insert—
In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 5B (inserted by section 34) insert—
The Building Act 1984 is amended as follows.
For section 32 substitute—
In section 47(4)(b) (time when initial notice ceases to be in force) for “below”, in the first place it occurs, substitute “(final certificates) and section 53A (lapse of initial notice)”.
In section 50 (plans certificates) omit subsection (8).
In section 52 (cancellation of initial notice) omit subsection (5).
In section 53(2) (effect of initial notice ceasing to be in force: general)—
at the end of paragraph (a) insert “and”;
omit paragraph (c) and the “and” immediately before it.
After section 53 insert—
In section 54(4)—
omit the “and” at the end of paragraph (a);
after paragraph (b) insert , and
Schedule 4 is amended as follows.
In paragraph 1(1) for “below” substitute “(final certificates) and paragraph 4A (lapse of public body’s notice)”.
In paragraph 2 omit sub-paragraph (6).
In paragraph 4(2) omit paragraph (c) and the “and” before it.
After paragraph 4 insert—
After section 30 of the Building Act 1984 insert—
In the Building Act 1984 before section 36 insert—
After section 39 of that Act insert—
The Building Act 1984 is amended as follows.
For section 35 substitute—
In section 36(4) (time limit for notices requiring removal or alteration of non-compliant work) for “12 months” substitute “10 years”.
In the Building Act 1984 before section 113 insert—
In this section “combined instrument” means an instrument containing (whether alone or with other provision)—
provision made under section 1(1) of the Building Act 1984 (building regulations), and
provision made under section 2(2) of the European Communities Act 1972 (provision implementing EU obligations etc).
Regulations under section 1(1) of the Building Act 1984 may revoke a combined instrument so far as it is made under section 2(2) of the European Communities Act 1972.
Nothing in paragraph 13 or 14 of Schedule 8 to the European Union (Withdrawal) Act 2018 (procedure etc for SIs amending or revoking regulations etc made under section 2(2) of the 1972 Act) is to be read as applying to a statutory instrument that amends a combined instrument so far as the combined instrument is made under section 2(2) of the European Communities Act 1972.
In the Building Act 1984, after Part 2 insert—
Schedule 4 amends the Building Act 1984 so as to—
transfer the functions of approved inspectors to registered building control approvers, and
make other provision consequential on section 42.
The Building Act 1984 is amended as follows.
After section 46 insert—
After section 54A (inserted by section 47) insert—
The Building Act 1984 is amended as follows.
In section 116 (power to transfer local authority functions to appropriate national authority)—
in the heading for “Secretary of State” substitute “appropriate national authority”;
in subsection (1)—
for “Secretary of State” substitute “appropriate national authority”;
for “he” substitute “it”;
in subsection (2)—
for “Secretary of State” substitute “appropriate national authority”;
for the words from “make an order” to the end substitute “make a transfer order in respect of the body in default.”;
after subsection (2) insert—
In section 117 (expenses)—
in the heading for “Secretary of State” substitute “appropriate national authority”;
before subsection (1) insert—;
in subsection (1)—
for the words before paragraph (a) substitute “The amount of any expenses certified by the appropriate national authority as having been incurred by the authority in discharging the transferred functions”;
in paragraph (a) for “him” substitute “the authority”;
in paragraph (b) for the words from “him” to the end substitute “the authority from the body as a debt due to the authority”;
in subsection (2) for “Secretary of State” substitute “appropriate national authority”.
In section 118 (variation or revocation of transfer order)—
in subsection (1)—
for “Secretary of State” substitute “appropriate national authority”;
for “an order under section 116(2)” substitute “a transfer order under section 116”;
for “he” substitute “it”;
after subsection (1) insert—;
in subsection (2)—
for “Secretary of State” substitute “appropriate national authority”;
for “him”, in the first place it occurs, substitute “it”;
for the words from “by him” to the end substitute “, by the person to whom the revoked order transferred functions, in discharging those functions.”
In section 47 of the Building Act 1984 (giving and acceptance of initial notice), in subsection (1)(a)—
after “prescribed form” insert “relating to work that is not higher-risk building work”;
after “carry out” insert “the”.
In section 51A of the Building Act 1984 (variation of work to which initial notice relates), for subsection (1) substitute—
After section 52 of the Building Act 1984 insert—
In section 47 of the Building Act 1984 (giving and acceptance of initial notice), in subsection (4)(b)—
omit the “or” after sub-paragraph (i);
after sub-paragraph (i) insert—.
In section 55 of the Building Act 1984 (appeals), after subsection (2) insert—
After section 54 of the Building Act 1984 insert—
The Building Act 1984 is amended as follows.
In section 47 (giving and acceptance of initial notice)—
in subsection (1) omit paragraph (c) (but not the “and” at the end of it);
omit subsections (6) and (7).
In section 51A(2) (variation of work to which initial notice relates) omit paragraph (c) (but not the “and” at the end of it).
In section 56 (recording and furnishing of information) omit subsection (2).
The Building Act 1984 is amended as follows.
In section 50 (plans certificates)—
for subsection (1) substitute—;
in subsection (4) for “certificate under subsection (1) above” substitute “plans certificate”;
after subsection (7) insert—
In paragraph 2 of Schedule 4 (public body’s plans certificates)—
In this Part a “public body’s plans certificate” means a certificate by a public body that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the public body has given a public body’s notice). The relevant conditions are that the public body— “Competent person” means a servant or agent of the public body who is competent to assess the plans. If the relevant conditions are met, the public body may give a public body’s plans certificate to the local authority. A public body’s plans certificate must be in the prescribed form.
Building regulations may make further provision about public body’s plans certificates, including in particular provision—
Section 52 of the Building Act 1984 (cancellation of initial notice) is amended in accordance with this section.
In subsection (1)—
omit the “or” after paragraph (b);
after paragraph (c), insert—;
for “approved inspector shall” substitute “registered building control approver, or in the case of paragraph (e) the person shown in the initial notice as the registered building control approver, must”.
For subsection (3) substitute—
In subsection (4), after “subsection” insert “(1) or”.
After subsection (5) insert—
After subsection (6) insert—
In section 53 of the Building Act 1984 (effect of initial notice ceasing to be in force), for subsection (7) substitute—
After section 53A of the Building Act 1984 (inserted by section 36) insert—
In section 47 of the Building Act 1984 (giving and acceptance of initial notice)—
in subsection (4)(b), after sub-paragraph (ia) (inserted by section 46) insert—;
after subsection (7) insert—
In section 55 of the Building Act 1984 (appeals)—
in subsection (1)—
omit the “or” after paragraph (a);
after paragraph (b) insert or;
in subsection (2)(a), after “notice” insert “, report”;
in subsection (2)(b), after “notice” insert “, report”.
In section 53 of the Building Act 1984 (effect of initial notice ceasing to be in force), after subsection (4) insert—
In section 57 of the Building Act 1984 (offences), in subsection (1)—
omit the “or” after paragraph (a);
after paragraph (a) insert—.
After section 56 of the Building Act 1984 insert—
In section 55 of the Building Act 1984 (appeals), after subsection (3) insert—
In section 56 of the Building Act 1984 (recording and furnishing of information)—
in subsection (1)—
after “authority” insert “in Wales”;
after “public body’s notices” insert “, transfer reports”;
after “such notices” insert “, reports”;
in subsection (3), after “plans certificates, final certificates” insert “, transfer certificates”;
in subsection (4), after “section” insert “by a local authority in Wales”.
In the Building Act 1984 after section 90 insert—
Schedule 5 contains—
minor amendments of the Building Act 1984, and
amendments consequential on provision made by this Part.
Schedule 6 makes provision about appeals under the Building Act 1984, including provision providing for—
certain appeals to be made to the regulator instead of the Secretary of State,
certain appeals relating to buildings in England to be made to the tribunal instead of a magistrates’ court, and
a right of appeal against a decision of a local authority not to consider certain applications or notices on the ground that they are in respect of higher-risk building work.
In the Building Act 1984 after section 105A (inserted by paragraph 29 of Schedule 6) insert—
In the Building Act 1984 after section 105B (inserted by section 57) insert—
In Part 5 of the Building Act 1984 before section 132 insert—
The Building Act 1984 is amended as follows.
In section 95 (power to enter premises) after subsection (4) insert—
After section 131A (inserted by section 59) insert—
This Part contains provisions about the management of building safety risks as regards occupied higher-risk buildings.
In this Part—
sections 62 to 64 define “building safety risk” and make related provision;
sections 65 to 70 define “higher-risk building”, make related provision, and confer power to modify this Part as it applies in relation to any description of higher-risk building;
sections 71 to 75 contain other key definitions, including— and provide that the First-tier Tribunal may determine who is an accountable person or the principal accountable person for a higher-risk building;
when a building is “occupied”;
the definition of “accountable person” and “principal accountable person”;
sections 76 to 82 make provision about the registration of higher-risk buildings and about building assessment certificates;
sections 83 to 86 make provision about the assessment and management of building safety risks, including provision requiring a safety case report to be prepared and revised;
sections 87 to 90 contain provisions about the keeping and giving of information and documents to the regulator, other accountable persons, residents and others;
sections 91 to 94 contain provisions about engagement with residents etc, including—
provision requiring a residents’ engagement strategy to be prepared and revised;
provision requiring complaints systems to be established and operated;
sections 95 to 97 impose duties on residents and make provision for the enforcement of those duties;
section 98 to 101 contain provisions about the enforcement of this Part;
section 102 and Schedule 7 provide for the appointment of a special measures manager, to undertake duties under this Part in place of an accountable person, and make further provision in connection with that appointment;
sections 103 to 107 contain provisions about appeals;
sections 108 to 111 contain miscellaneous provisions, including provision about cooperation and coordination;
sections 112 to 114 provide for certain terms to be implied into leases, and contain other provisions affecting the relationship between landlord and tenant or affecting commonholds;
section 115 contains definitions applying for the purposes of this Part.
In this Part “building safety risk” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building—
the spread of fire;
structural failure;
any other prescribed matter.
Before making regulations under subsection (1)(c), the Secretary of State must consult—
the regulator, and
such other persons as the Secretary of State considers appropriate.
But the regulator need not be consulted if—
the regulations give effect to a recommendation made by the regulator under section 63, or
the Secretary of State has under section 64 asked the regulator for its advice in relation to a proposal to make the regulations.
The regulator may recommend that the Secretary of State makes regulations under section 62.
The regulator may make a recommendation to prescribe a matter under section 62(1)(c) for any higher-risk building only if it considers that if the matter occurred as regards a higher-risk building it would have the potential to cause a major incident.
The regulator may make a recommendation to prescribe a matter under section 62(1)(c) for a description of higher-risk building only if it considers that if the matter occurred as regards a higher-risk building of that description it would have the potential to cause a major incident.
The regulator may make a recommendation to prescribe a matter under section 62(1)(c) for a description of building that is not a higher-risk building only if—
it considers that—
if the matter occurred as regards a building of that description it would have the potential to cause a major incident,
the risk of the matter occurring is greater for that description of buildings than it is for buildings that are not of that description, and
this Part should apply (with or without modifications) in relation to buildings of that description, and
it also recommends that buildings of that description should be higher-risk buildings for the purposes of this Part (and, if section 69(2)(b) applies, makes a recommendation of the kind mentioned there).
The regulator may make a recommendation to make regulations that would result in a matter ceasing to be prescribed under section 62(1)(c) only if—
where the matter is prescribed for any higher-risk building, it considers that if the matter occurred as regards a higher-risk building it would not have the potential to cause a major incident;
where the matter is prescribed for a description of higher-risk building, it considers that if the matter occurred as regards a higher-risk building of that description it would not have the potential to cause a major incident.
When making a recommendation, the regulator must give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation.
If following a recommendation the Secretary of State decides not to make the regulations, the Secretary of State must publish a document setting out—
the regulator’s recommendation,
the Secretary of State’s decision not to make the regulations, and
the reasons for that decision.
In this Part “major incident” means an incident resulting in—
a significant number of deaths, or
serious injury to a significant number of people.
Where the Secretary of State asks the regulator to provide advice about a proposal to make regulations under section 62, it must provide that advice.
In this Part “higher-risk building” means a building in England that—
is at least 18 metres in height or has at least 7 storeys, and
contains at least 2 residential units.
The Secretary of State may by regulations make provision supplementing this section.
The regulations may in particular—
define “building” or “storey” for the purposes of this section;
make provision about how the height of a building is to be determined for those purposes;
provide that “higher-risk building” does not include a building of a prescribed description.
Regulations made by virtue of subsection (3)(a) may in particular define “building” so as to provide that it includes—
any other structure or erection of any kind (whether temporary or permanent);
any vehicle, vessel or other movable object of any kind, in such circumstances as may be prescribed.
The Secretary of State may by regulations amend this section (other than subsection (2) or this subsection).
For the meaning of “residential unit” see section 115.
Before making regulations under section 65, the Secretary of State must consult—
the regulator, and
such other persons as the Secretary of State considers appropriate.
But the regulator need not be consulted if—
the regulations give effect to a recommendation made by the regulator under section 63(4) or 69, or
the Secretary of State has under section 70 asked the regulator for advice about the description of building in question.
This section applies if the Secretary of State proposes to make regulations under section 65 that would result in a description of building (including anything within subsection (4) of that section) becoming a higher-risk building for the purposes of this Part.
The Secretary of State must ask the regulator under section 70(1) for advice about the description of building, except where the regulations would give effect to a recommendation under section 69(2).
The Secretary of State must carry out a cost-benefit analysis and publish it.
In this section “cost-benefit analysis” means—
an analysis of the costs together with an analysis of the benefits that will arise if the regulations are made, and
an estimate of those costs and of those benefits (subject to subsection (5)).
If, in the opinion of the Secretary of State— the cost-benefit analysis need not estimate them, but must include a statement of the Secretary of State’s opinion and an explanation of it.
the costs or benefits cannot reasonably be estimated, or
it is not reasonably practicable to produce an estimate,
The Secretary of State may make regulations modifying this Part as it applies in relation to a prescribed description of higher-risk building.
Before making the regulations, the Secretary of State must consult—
the regulator, and
such other persons as the Secretary of State considers appropriate.
But the regulator need not be consulted if the regulations give effect to a recommendation under section 63(4), 69 or 70.
Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers—
that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description,
that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and
that this Part should apply (with or without modifications) in relation to buildings of that description.
The regulator must—
recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Part,
if it considers that regulations under section 68 should be made modifying this Part as it applies in relation to that description of building, make a recommendation to the Secretary of State to that effect, and
give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under paragraph (a) and any recommendation under paragraph (b).
Subsection (4) applies if—
following a recommendation under subsection (2)(a) the Secretary of State decides not to make regulations under section 65 giving effect to the recommendation, or
following a recommendation under subsection (2)(b) the Secretary of State decides not to make regulations under section 68 giving effect to the recommendation.
The Secretary of State must publish a document setting out—
the regulator’s recommendation,
the Secretary of State’s decision not to make the regulations, and
the reasons for that decision.
If the regulator considers that this Part should not apply in relation to a particular description of higher-risk building, it must recommend to the Secretary of State that buildings of that description should cease to be higher-risk buildings for the purposes of this Part.
For the meaning of “major incident” see section 63.
Subsections (2) to (6) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of this Part.
The regulator must consider whether the following conditions are met—
the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description;
the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident;
the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Part.
The regulator must—
if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Part;
otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes.
Where the regulator— it must make a recommendation to the Secretary of State to that effect.
makes a recommendation under subsection (3)(a), and
considers that regulations under section 68 should be made modifying this Part as it applies in relation to buildings of the specified description,
The regulator must give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under subsection (3) and any recommendation under subsection (4).
If, following a recommendation under subsection (3)(a), the Secretary of State decides not to make regulations under section 65 giving effect to the recommendation, the Secretary of State must publish a document setting out—
the regulator’s recommendation,
the Secretary of State’s decision not to make the regulations, and
the reasons for that decision.
If requested, the regulator must provide advice to the Secretary of State as to whether higher-risk buildings of a specified description should cease to be higher-risk buildings for the purposes of this Part.
In this section “specified” means specified by the Secretary of State in the request.
The following provisions apply for the purposes of this Part.
A higher-risk building is “occupied” if there are residents of more than one residential unit in the building.
A reference to a resident of a higher-risk building is to a resident of a residential unit in such a building.
The Secretary of State may by regulations—
amend the definition of a higher-risk building being “occupied”;
amend the definition of a “resident” of a higher-risk building;
define, for the purposes of this Part, the meaning of being a “resident” of a residential unit.
See—
section 65 for the meaning of “higher-risk building”;
section 115 for the meaning of “residential unit”.
In this Part an “accountable person” for a higher-risk building is— This subsection is subject to subsection (5) (special rule for commonhold land).
a person who holds a legal estate in possession in any part of the common parts (subject to subsection (2)), or
a person who does not hold a legal estate in any part of the building but who is under a relevant repairing obligation in relation to any part of the common parts.
A person (“the estate owner”) who holds a legal estate in possession in the common parts of a higher-risk building or any part of them (“the relevant common parts”) is not an accountable person for the building by virtue of subsection (1)(a) if—
each long lease of which the estate owner is lessor provides that a particular person, who does not hold a legal estate in any part of the building, is under a relevant repairing obligation in relation to all of the relevant common parts, or
all repairing obligations relating to the relevant common parts which would otherwise be obligations of the estate owner are functions of an RTM company.
Subsection (4) applies where—
under a lease, a person (“the estate owner”) holds a legal estate in possession in the common parts of a higher-risk building or any part of them (“the relevant common parts”), and
a landlord under the lease is under a relevant repairing obligation in relation to any of the relevant common parts.
For the purposes of this section and section 73—
the legal estate in possession in so much of the relevant common parts as are within subsection (3)(b) is treated as held by the landlord (instead of the estate owner), and
if (and so far as) the landlord’s actual legal estate in those common parts is held under a lease, the legal estate in possession mentioned in paragraph (a) is treated as held under that lease (and, accordingly, subsection (3) and this subsection may apply in relation to it).
Where a higher-risk building is on commonhold land, the commonhold association is the accountable person for the building for the purposes of this Part.
For the purposes of this section—
a resident of those premises who is aged 16 or over;
The Secretary of State may by regulations amend this section (other than this subsection).
In this Part the “principal accountable person” for a higher-risk building is—
in relation to a building with one accountable person, that person;
in relation to a building with more than one accountable person, the accountable person who—
holds a legal estate in possession in the relevant parts of the structure and exterior of the building, or
is within section 72(1)(b) because of a relevant repairing obligation (within the meaning of that section) in relation to the relevant parts of the structure and exterior of the building.
For the purposes of this section—
the reference to “the relevant parts of the structure and exterior” of a building is to its structure and exterior except so far as included in a demise of a single dwelling or of premises to be occupied for the purposes of a business;
the reference to “possession” does not include the receipt of rents and profits or the right to receive the same.
Subsection (1)(b) is subject to section 75(2) (powers of tribunal where more than one accountable person is within subsection (1)(b)).
In this Part, any reference to the part of a higher-risk building for which an accountable person is responsible is to such part of the building (including all of it) as is determined by or in accordance with regulations.
An interested person may apply to the tribunal for a determination, as regards a higher-risk building, of any of the following—
the person or persons who are accountable persons for the building;
the person who is the principal accountable person for the building;
the part of the building for which any accountable person for the building is responsible.
Where, on an application under subsection (1)(b), it appears to the tribunal that there is more than one accountable person within section 73(1)(b), the principal accountable person is such one of those accountable persons as the tribunal considers appropriate.
In this section “interested person” means—
the regulator,
a person who holds a legal estate in any part of the common parts (or who claims to hold such an estate), or
a person who is under a relevant repairing obligation in relation to any part of the common parts (or who claims to be under such an obligation).
In subsection (3) “relevant repairing obligation” and “common parts” have the same meaning as in section 72.
This section applies if any of the following works are carried out—
the construction of a higher-risk building;
the creation of additional residential units in such a building;
works to a building that cause it to become a higher-risk building.
If a relevant residential unit is occupied before a completion certificate relating to a relevant part of the building is issued, the relevant accountable person commits an offence.
It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for the residential unit being occupied before such a completion certificate was issued.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
In this section—
“specified” means specified in the order.
The Sustainable and Secure Buildings Act 2004 is amended as follows. In section 3 omit subsections (8) and (9). In section 4 omit subsection (4).
Construction products regulations may make— The provision made by paragraphs 2 to 19 does not limit the power conferred by paragraph 1.
Construction products regulations may make provision by repealing, amending or re-enacting— Construction products regulations may under paragraph 20(1)(c) make consequential provision amending section 148 (liability relating to construction products), which may in particular include the omission or amendment of subsection (2)(b) and (c) of that section.
Where construction products regulations contain provision creating a criminal offence, the provision must have the effect that— In sub-paragraph (1)(e)(i), the “relevant period” means—
The principal accountable person for a higher-risk building commits an offence if the building is occupied but not registered.
It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for the building being occupied but not registered.
A person guilty of an offence under this section is liable— 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.
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
In this section “registered” means registered under section 78.
On an application by the principal accountable person for a higher-risk building the regulator may register the building.
The regulator must publish the register in such way as it considers appropriate.
The regulator may remove a building from the register if it appears to the regulator that—
the building is not occupied, or
the building is not a higher-risk building.
The Secretary of State may by regulations make provision about the register, including in particular provision about—
the information to be contained in the register;
the updating or other revision of information in the register;
the procedure for removing buildings from the register.
The Secretary of State may by regulations make provision in relation to applications under this section, including in particular provision about—
the form and content of an application;
the information and documents that must accompany an application;
the way in which an application, and anything that is to accompany it, is to be given;
the circumstances in which an application may be withdrawn or treated as withdrawn;
the way in which an application may be withdrawn.
This section applies where the regulator directs the principal accountable person for an occupied higher-risk building to apply to the regulator for a building assessment certificate in relation to the building.
The principal accountable person for the building must make the application within the period of 28 days beginning with the day on which the direction is given.
A person who, without reasonable excuse, contravenes subsection (2) commits an offence.
A person guilty of an offence under this section is liable— 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.
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
In this section “building assessment certificate” means a certificate issued under section 81.
An application under section 79 must be accompanied by—
a copy of the most recent safety case report for the building unless a copy of that report has been provided under section 86(2);
prescribed information about the mandatory occurrence reporting system operated by the principal accountable person;
prescribed information demonstrating compliance by each accountable person for the building with their duties under section 89;
a copy of any residents’ engagement strategy.
The Secretary of State may by regulations make further provision about applications under section 79, including in particular provision about—
the form and content of an application;
the way in which an application, and anything which is to accompany it, is to be given;
the circumstances in which an application may be withdrawn or treated as withdrawn;
the way in which an application may be withdrawn.
In this section—
“preceding qualifying lease”, in relation to the new lease, means—
This section applies where—
the principal accountable person for an occupied higher-risk building applies under section 79 for a certificate in relation to the building (a “building assessment certificate”),
the application is made pursuant to a direction of the regulator under that section, and
the building is registered under section 78.
The regulator must assess whether the relevant duties are being complied with (and may inspect the building in connection with that assessment).
The regulator—
must give a building assessment certificate if satisfied that all relevant duties are being complied with;
if not so satisfied, must (subject to subsection (4)) refuse the application and notify the principal accountable person of the refusal.
If the regulator considers that a contravention of a relevant duty can be remedied promptly—
the regulator may give a notice under this subsection to the principal accountable person containing a brief description of the contravention and specifying a period for remedying the contravention, and
if it does so, and the contravention is remedied within that period, it may give a building assessment certificate (instead of refusing the application).
In this section “relevant duty” means a duty of an accountable person for the building under, or under prescribed regulations made under, any of the following—
section 83 (duty to assess building safety risks);
section 84 (management of building safety risks);
section 85 (duties relating to safety case report);
section 87(5) (duties relating to mandatory occurrence reporting system);
section 89 (provision of information to regulator, residents etc);
section 91 (duty to produce a residents’ engagement strategy).
The Secretary of State may by regulations make further provision about building assessment certificates and notices under this section, including in particular provision about—
the period in relation to which a certificate may be given;
the form and content of a certificate or notice;
the way in which a certificate or notice is to be given.
The principal accountable person for an occupied higher-risk building must ensure that the following are displayed together, in a conspicuous position in the building—
a notice in the prescribed form containing prescribed information about accountable persons for the building;
the most recent building assessment certificate relating to the building;
any relevant compliance notice (see subsection (5)).
Where a special measures order is in force in relation to an occupied higher-risk building—
subsection (1) has effect as if paragraph (b) were omitted, and
the principal accountable person for the building must ensure that no building assessment certificate relating to the building is displayed in the building.
A person who, without reasonable excuse, contravenes subsection (1) or (2)(b) commits an offence.
A person guilty of an offence under this section is liable— 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.
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
In this section—
An accountable person for an occupied higher-risk building must as soon as reasonably practicable after the relevant time assess the building safety risks as regards the part of the building for which they are responsible.
Further such assessments must be made—
at regular intervals,
at any time that the accountable person has reason to suspect that the current assessment is no longer valid, and
at the direction of the regulator, within a period specified in the direction.
An assessment under subsection (1) or (2) must be suitable and sufficient for the purposes of enabling the accountable person to comply with their duties under section 84.
In this section “the relevant time” means—
the time when the building becomes occupied, or
if later, the time when the person becomes an accountable person for the building.
An accountable person for an occupied higher-risk building must take all reasonable steps for the following purposes—
preventing a building safety risk materialising as regards the part of the building for which they are responsible;
reducing the severity of any incident resulting from such a risk materialising.
Those steps may in particular involve the accountable person carrying out works to the part of the building for which they are responsible.
When taking the steps the accountable person must act in accordance with prescribed principles.
The steps must be taken promptly.
The accountable person must make and give effect to arrangements for the purpose of ensuring the effective planning, organisation, control, monitoring and review of steps taken under this section.
The principal accountable person for an occupied higher-risk building must as soon as reasonably practicable after the relevant time prepare a report (a “safety case report”) containing—
any assessment of the building safety risks made under section 83 by an accountable person for the building, and
a brief description of any steps taken under section 84 by an accountable person for the building.
The principal accountable person must revise a safety case report if they consider it necessary or appropriate to do so following—
any further assessment under section 83 made by an accountable person for the building, or
the taking of further steps under section 84 by an accountable person for the building.
The Secretary of State may by regulations make further provision about the content and form of safety case reports.
In this section “the relevant time” means—
the time when the building becomes occupied, or
if later, the time when the person becomes the principal accountable person for the building.
The principal accountable person for an occupied higher-risk building must notify the regulator as soon as reasonably practicable after preparing or revising a safety case report.
Where the regulator asks the principal accountable person to provide it with a copy of the safety case report, the principal accountable person must give a copy of it to the regulator as soon as reasonably practicable.
The Secretary of State may by regulations make provision about—
the content and form of notifications under this section;
the way in which a notification or copy of a report must be given.
In this section “safety case report” has the same meaning as in section 85.
An accountable person for an occupied higher-risk building must, in prescribed circumstances, give prescribed information to the regulator by the prescribed time and in the specified way.
The information that may be prescribed is information that relates to a building safety risk as regards the part of the building for which an accountable person is responsible.
In subsection (1) “specified” means specified in a direction given and published by the regulator.
A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on summary conviction to a fine.
The principal accountable person for an occupied higher-risk building must establish and operate an effective mandatory occurrence reporting system which complies with prescribed requirements.
A “mandatory occurrence reporting system” is a system for the giving of information to accountable persons for the building for the purpose of enabling them to comply with subsection (1).
Information provided by a person under subsection (1) is not admissible in evidence against that person in criminal proceedings except—
in proceedings for an offence under section 24 or this section,
in proceedings for an offence of perverting the course of justice, or
if in the proceedings—
in giving evidence the person makes a statement inconsistent with the information, and
evidence as to the information that was provided is adduced, or a question relating to it is asked, by or on behalf of the person.
An accountable person for a higher-risk building must—
keep prescribed information in accordance with prescribed standards, and
so far as possible keep such information up to date.
An accountable person for a higher-risk building must keep copies of prescribed documents in accordance with prescribed standards.
Where an accountable person does not hold prescribed information or a copy of a prescribed document, they must obtain it except where it is not practicable to do so.
The Secretary of State may by regulations make provision as to when the duties in subsections (1) to (3) apply.
The Secretary of State may by regulations make provision requiring an accountable person for a higher-risk building to give prescribed information or a copy of a prescribed document to—
the regulator,
another accountable person for the building,
residents of the building,
owners of residential units in the building, or
any other prescribed person.
The regulations may in particular make provision about—
when information or a copy of a document must be given;
the way in which information or copy of a document must be given;
the form in which information must be given (and may in particular require that the information is given in an accessible form);
the standards in accordance with which information or a copy of a document must be given.
The regulations may make exceptions to any duty imposed under the regulations.
Subject to subsection (5), the regulations may provide that the disclosure of information under this section does not breach—
any obligation of confidence owed by the accountable person in relation to that information;
any other restriction on the disclosure of information (however imposed).
This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).
Where the regulations provide that any information or document must be given to the regulator, they may make provision about the admissibility in any criminal proceedings of the information or document.
This section applies where at any time (“the relevant time”) an accountable person for a higher-risk building (the “outgoing person”) ceases to be responsible for all or any part of the building.
The outgoing person must give prescribed information and a copy of any prescribed document to any person who, immediately after the relevant time—
is an accountable person for the building, and
is responsible for a part of the building for which the outgoing person ceased to be responsible at the relevant time.
The information and documents must be given—
by the prescribed time,
in the prescribed way, and
in accordance with prescribed standards.
The outgoing person must give prescribed information to the regulator in the prescribed way, as soon as reasonably practicable after the relevant time.
Subject to subsection (6), regulations made by the Secretary of State under this section may provide that the disclosure of information under this section does not breach—
any obligation of confidence owed by the outgoing person in relation to that information;
any other restriction on the disclosure of information (however imposed).
This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).
A person who, without reasonable excuse, contravenes subsection (2) or (4) commits an offence and is liable— 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.
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
The principal accountable person for an occupied higher-risk building must—
as soon as reasonably practicable after the relevant time prepare a strategy (a “residents’ engagement strategy”) for promoting the participation of relevant persons in the making of building safety decisions;
review the strategy at prescribed times, and revise it if they consider it necessary or appropriate to do so;
in prescribed circumstances, consult relevant persons and prescribed persons on the strategy and take any representations made on the consultation into account when next reviewing the strategy;
act in accordance with the strategy.
“Building safety decision” means a decision by an accountable person for the building that—
is about the management of the building, and
is made in connection with the performance of a duty of the accountable person under, or under regulations made under, this Part.
The strategy must include information about—
the information that will be provided to relevant persons about decisions relating to the management of the building,
the aspects of those decisions that relevant persons will be consulted about,
the arrangements for obtaining and taking account of the views of relevant persons, and
how the appropriateness of methods for promoting participation will be measured and kept under review.
As soon as reasonably practicable after the strategy is prepared or revised, each accountable person for the building must give a copy of the strategy to—
each resident of the building who—
is aged 16 or over, and
resides in a residential unit in the part of the building for which the accountable person is responsible;
each owner of a residential unit in that part of the building;
any prescribed person.
The duty under subsection (4)(a) does not apply in relation to a resident if the accountable person—
is not aware of the resident, and
has taken all reasonable steps to make themselves aware of persons who reside in residential units in the part of the building for which the accountable person is responsible.
The Secretary of State may by regulations—
make further provision about the content of a residents’ engagement strategy;
make provision about the preparation, review or revision of a residents’ engagement strategy, in cases where there is more than one accountable person for the building;
make provision about the way in which a copy of the strategy is to be given;
make provision about consultations under this section.
In this section—
This section applies where— makes a request to an accountable person for the building to give them prescribed information or a copy of a prescribed document.
a resident of an occupied higher-risk building who is aged 16 or over, or
an owner of a residential unit in the building,
The accountable person must as soon as reasonably practicable give the resident or owner the information or document requested.
The Secretary of State may by regulations make provision about—
the way in which information or a copy of a document must be given under this section;
the form in which information must be given under this section (and may in particular require that the information is given in an accessible form).
The Secretary of State may by regulations provide that in prescribed circumstances an accountable person is not required by subsection (2) to provide a copy of a document or some or all of the information requested.
Subject to subsection (6), the regulations may provide that the disclosure of information under this section does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).
The principal accountable person for an occupied higher-risk building must as soon as reasonably practicable after the relevant time establish and operate a system for the investigation of relevant complaints.
The Secretary of State may by regulations make provision about the establishment and operation of complaints systems under this section.
The regulations may in particular make provision—
about the way in which complaints may be made;
about the period within which a complaint must be considered and dealt with;
requiring the principal accountable person to refer a complaint to the regulator.
In this section—
The regulator must establish and operate a system for the investigation of relevant complaints that are made, or referred under section 93, to the regulator.
The regulator must consult the committee mentioned in section 11 (residents’ panel)—
before the complaints system is established or, if the committee has not been established at the time the complaints system is established, as soon as reasonably practicable after the committee is established, and
before making any significant change to the complaints system.
The Secretary of State may by regulations make provision about the establishment and operation of the complaints system under this section.
The regulations may in particular make provision about—
the period within which a complaint must be considered and dealt with;
action that the regulator must consider taking in response to a complaint.
In this section “relevant complaint” means a complaint relating to—
a building safety risk as regards an occupied higher-risk building,
the performance by an accountable person for an occupied higher-risk building of any duty under, or under regulations made under, this Part, or
the performance by a special measures manager of any function conferred on the manager by a special measures order.
This section applies to—
a resident of a residential unit in an occupied higher-risk building who is aged 16 or over;
an owner of a residential unit in such a building.
A person to whom this section applies—
must not act in a way that creates a significant risk of a building safety risk materialising;
must not interfere with a relevant safety item;
must comply with a request, made by the appropriate accountable person, for information reasonably required for the purposes of a duty under section 83 or 84.
For the purposes of subsection (2)(b) a person “interferes” with a relevant safety item if they, without reasonable excuse—
damage it,
remove it, or
do anything to, or in relation to, it that interferes with its intended function.
In this section—
This section applies where it appears to the appropriate accountable person that a relevant person has contravened or is contravening a duty under section 95(2).
The appropriate accountable person may give a contravention notice to the relevant person.
A “contravention notice” is a notice that—
specifies the alleged contravention;
specifies any steps that the appropriate accountable person considers the relevant person should take in order to remedy the contravention, and a reasonable time for the taking of those steps;
specifies anything that the appropriate accountable person considers the relevant person should refrain from doing, to avoid further contraventions of the duty;
contains an explanation of the steps that the appropriate accountable person may take under this section if the notice is not complied with.
Where it appears to the appropriate accountable person that the relevant person has contravened or is contravening the duty under section 95(2)(b), the contravention notice may require the relevant person to pay to the appropriate accountable person a sum specified in the notice.
A sum may be specified in a contravention notice under subsection (4) only if—
it is necessary to repair or replace the relevant safety item as a result of the contravention, and
the sum specified does not exceed the reasonable cost of repairing or replacing (as the case may be) that item.
The Secretary of State may by regulations make provision about contravention notices, including—
provision about the form of a notice and the way a notice is to be given, and
further provision about the content of a notice.
The county court may, on an application made by the appropriate accountable person, make an order under this section if satisfied that—
a contravention notice has been given,
the contravention alleged in the notice occurred, and
it is necessary to make the order.
An order under this section may— “Specified” here means specified in the order.
require a relevant person to provide specified information or do a specified thing, by a specified time;
prohibit a relevant person from doing a specified thing;
where a contravention notice requires a sum to be paid under subsection (4), require a relevant person to pay to the appropriate accountable person a specified sum.
A sum specified in an order under subsection (8)(c) may not exceed the sum specified in the contravention notice.
In this section—
“relevant person” in relation to relevant premises means—
“relevant person” means a person who is subject to the duties under section 95 (see subsection (1) of that section).
This section applies where —
an accountable person for an occupied higher-risk building makes a request to a relevant person to enter relevant premises,
the request is made for the purpose of—
facilitating the performance of a duty under section 83 or 84 (assessment of building safety risk etc), or
determining whether a duty under section 95 (duties on residents and owners) has been contravened,
the request is within subsection (2), and
entry to the premises is not given.
A request is within this subsection if it—
is in writing,
sets out the purpose for which it is made,
contains an explanation of why it is necessary to enter the premises for that purpose,
requests access to the premises at a reasonable time, and
is made at least 48 hours before the time mentioned in paragraph (d).
The accountable person may apply to the county court for an order—
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
if necessary for that purpose, authorising the taking of measurements, photographs, recordings or samples by the accountable person or authorised person.
The county court—
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;
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.
In this section—
The regulator must enforce the provisions of this Part and regulations made under it.
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.
A “compliance notice” is—
a notice requiring the accountable person to take specified steps within a specified period, or
a notice requiring the accountable person to remedy the contravention or the matters giving rise to it within a specified period.
A notice of a kind mentioned in subsection (2)(a) may specify any steps relating to—
the remedying of the contravention, or
avoiding the contravention occurring.
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”).
A person who, without reasonable excuse, contravenes a compliance notice commits an offence.
A person guilty of an offence under this section is liable— 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.
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
In this section—
“building safety purpose” means the purpose of supporting the resident management company in complying with its duties under this Part or under regulations made under this Part;
The Secretary of State may by regulations make further provision about compliance notices.
The regulations may in particular make provision about—
the form and content of notices;
the giving of notices;
the amendment or withdrawal of notices;
the extension of any period specified in a compliance notice for the doing of a thing.
Subsection (4) applies where the regulator has given a compliance notice to an accountable person for a higher-risk building.
The regulator must take reasonable steps to notify—
the local authority for the area in which the building is situated;
the fire and rescue authority for the area in which the building is situated;
where the accountable person for the building is a registered provider of social housing, the Regulator of Social Housing;
any other prescribed person.
An accountable person for a higher-risk building commits an offence if—
without reasonable excuse, the accountable person contravenes a relevant requirement, and
the contravention places one or more people in or about the building at critical risk.
In subsection (1)—
A person guilty of an offence under this section is liable— 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.
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
Schedule 7 provides for the appointment of a special measures manager, to undertake duties under this Part in place of an accountable person, and makes further provision in connection with that appointment.
A person to whom a compliance notice has been given may appeal to the tribunal.
An appeal may be on the grounds—
that the person has not contravened, is not contravening, or is not likely to contravene, a relevant requirement;
that it is unreasonable to require the person to do any thing specified to be done in the notice.
Where an appeal under subsection (1) is made and the compliance notice is not an urgent action notice—
the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and
the specified period mentioned in section 99(2)(a) is treated as extended by the period—
beginning with the day on which the appeal is made, and
ending with the day on which the appeal is finally determined or withdrawn.
Where an appeal under subsection (1) is made and the compliance notice is an urgent action notice—
the appellant may apply to the tribunal for a direction that the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and
unless and until any such direction is given, the compliance notice continues to have effect despite the making of the appeal.
A person to whom a compliance notice has been given may apply to the tribunal for an extension of the period for the doing of any thing specified to be done in the notice.
Subsections (3) and (4) apply to such an application as they apply to an appeal under subsection (1).
In this section “urgent action notice” has the meaning given by section 99(4).
This section applies in relation to a decision of the regulator—
not to register a building on an application under section 78(1);
to remove a building from the register under section 78(3);
to refuse an application for a building assessment certificate under section 81(3);
to give a direction under section 83(2).
An affected person may appeal the decision.
An appeal may be on the grounds—
that the decision was based on an error of fact;
that the decision was wrong in law;
that the decision was unreasonable.
In this section “an affected person” means—
in relation to a decision of the regulator mentioned in paragraph (a) or (b) of subsection (1), an accountable person for the higher-risk building (or a person who would be an accountable person for the building if the building were a higher-risk building);
in relation to a decision of the regulator mentioned in paragraph (c) of subsection (1), an accountable person for the higher-risk building;
in relation to a decision of the regulator mentioned in paragraph (d) of subsection (1), the accountable person subject to the direction.
This section applies in relation to a prescribed decision of the regulator made under regulations made under this Part.
A prescribed person may appeal to the tribunal against the decision.
An appeal may be made only on prescribed grounds.
This section applies in relation to an appeal to the tribunal under section 103(1), 104 or 105.
The tribunal—
must consider afresh the decision appealed against, and
may take into account evidence that was not available to the regulator.
The tribunal may confirm, vary or quash the decision of the regulator.
The Secretary of State may, by regulations—
provide for the suspension during the appeal period of the effect of a notice (other than a compliance notice) given or other thing done by the regulator;
make other provision about the effect during the appeal period of an appeal (including provision conferring powers on the tribunal).
In subsection (4) “the appeal period” means the period beginning with the making of the appeal and ending with the final determination or withdrawal of the appeal.
A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this Part is enforceable with the permission of the county court in the same way as an order of that court.
Subsection (1) does not apply to a decision of the First-tier Tribunal or Upper Tribunal ordering the payment of a sum (as to which see section 28 of the Tribunals, Courts and Enforcement Act 2007 (enforcement)).
The regulator may issue guidance about any of the following matters—
the performance of any duties under section 87 (mandatory reporting requirements);
the performance of any duties under section 88 or 89 (duty to keep or give information);
the performance of any duties under section 92 (duty to give further information to residents);
the performance of any duties under section 93 (complaints procedure).
The regulator may revise or withdraw any issued guidance.
Where in any proceedings it is alleged that a person has contravened a provision mentioned in subsection (1)—
proof of a failure to comply with any applicable guidance may be relied on as tending to establish that there was such a contravention, and
proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such contravention.
In any proceedings, a document purporting to be guidance under this section is to be taken to be such guidance unless the contrary is proved.
Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State.
In this section any reference to a provision includes regulations made under the provision.
Subsection (2) applies if there is more than one accountable person for an occupied higher-risk building.
When carrying out their duties under, or under regulations made under, this Part, each accountable person must so far as possible—
cooperate with every other accountable person for the building, and
coordinate with every other accountable person for the building.
Subsection (4) applies to an accountable person for an occupied higher-risk building if there are one or more other persons who are responsible persons within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005 in relation to the building.
The accountable person must cooperate with each responsible person for the purpose of each responsible person carrying out their duties under the Order.
Section 24 of the Landlord and Tenant Act 1987 (appointment of a manager by a tribunal) is amended as follows.
After subsection (2ZA) insert—
After subsection (2D) (inserted by paragraph 8(3) of Schedule 7) insert—
This section applies in relation to a resident management company that is an accountable person for a higher-risk building.
The articles of association of the resident management company have effect as if they included such provision as may be prescribed relating to—
eligibility for appointment as a director of the company, for a building safety purpose;
the appointment of a director for such a purpose;
the entitlement to remuneration of a director appointed for such a purpose;
the removal of a director so appointed.
Subsection (2) has effect—
whether or not the provision is adopted by the company;
whether the company was formed before or after the coming into force of this section;
notwithstanding anything in the company’s articles of association.
In this section—
The Landlord and Tenant Act 1985 is amended in accordance with subsections (2) to (6).
After section 30B insert—
After section 20E (inserted by section 133) insert—
In section 21 (service charge information) after subsection (6) insert—
In section 30 (meaning of “landlord” and “tenant”)—
after the definition of “landlord” insert—;
in the heading for ““flat”, “landlord” and “tenant”” substitute ““landlord”, “tenant” etc”.
section 30C (implied terms relation to building safety), section 30D (building safety costs), section 30E (liability for remuneration of building safety director of resident management company etc).
In section 172(1)(a) of the Commonhold and Leasehold Reform Act 2002 (application to Crown)—
for “30B” substitute “30I”;
after “agents” insert “and building safety”.
The Landlord and Tenant Act 1987 is amended in accordance with subsections (2) to (4).
After section 47 insert—
After section 49 insert—
In section 53(2)(b) (regulations and orders), after “42A” insert “or 49A”.
In section 172(1)(d) of the Commonhold and Leasehold Reform Act 2002 (application to Crown), for “49” substitute “49A”.
The Commonhold and Leasehold Reform Act 2002 is amended as follows.
In section 13(3) (joint unit-holders), after paragraph (fa) insert—.
In section 14 (use and maintenance)—
in the heading, for “and maintenance” substitute “, maintenance and building safety”;
after subsection (3) insert—
In section 26 (use and maintenance)—
in the heading, for “and maintenance” substitute “, maintenance and building safety”;
the existing subsection becomes subsection (1);
after that subsection insert—
In section 31(5) (form and content of commonhold community statement), after paragraph (d) insert—.
In section 32(5)(a) (regulations), after “38,” insert “38A,”.
In section 38 (commonhold assessment), after subsection (2) insert—
After section 38 insert—
In section 69(1) (interpretation), before the definition of “instrument” insert—.
In this Part—
Sections 117 to 124 and Schedule 8 make provision in connection with the remediation of relevant defects in relevant buildings.
In those sections—
sections 117 to 121 define “relevant building”, “qualifying lease”, “the qualifying time”, “relevant defect” and “associate”;
section 122 and Schedule 8 contain protections for tenants in respect of costs connected with relevant defects, and impose liabilities on certain landlords;
section 123 makes provision about remediation orders, under which a landlord in a relevant building is required to remedy certain relevant defects;
section 124 makes provision about remediation contribution orders, under which an associate of a landlord in a relevant building is required to contribute towards the costs of remedying certain relevant defects;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies for the purposes of sections 119 to 124 and Schedule 8.
“Relevant building” means a self-contained building, or self-contained part of a building, in England that contains at least two dwellings and— This is subject to subsection (3).
is at least 11 metres high, or
has at least 5 storeys.
“Relevant building” does not include a self-contained building or self-contained part of a building—
in relation to which a right under Part 1 of the Landlord and Tenant Act 1987 (tenants’ right of first refusal) or Part 3 of that Act (compulsory acquisition by tenants of landlord’s interest) has been exercised,
in relation to which the right to collective enfranchisement (within the meaning of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993) has been exercised,
if the freehold estate in the building or part of the building is leaseholder owned (within the meaning of regulations made by the Secretary of State), or
which is on commonhold land.
For the purposes of this section a building is “self-contained” if it is structurally detached.
For the purposes of this section a part of a building is “self-contained” if—
the part constitutes a vertical division of the building,
the structure of the building is such that the part could be redeveloped independently of the remainder of the building, and
the relevant services provided for occupiers of that part—
are provided independently of the relevant services provided for occupiers of the remainder of the building, or
could be so provided without involving the carrying out of any works likely to result in a significant interruption in the provision of any such services for occupiers of the remainder of the building.
In subsection (5) “relevant services” means services provided by means of pipes, cables or other fixed installations.
This section applies for the purpose of section 117.
The height of a building is to be measured from ground level to the finished surface of the floor of the top storey of the building (ignoring any storey which is a roof-top machinery or plant area or consists exclusively of machinery or plant rooms).
When determining the number of storeys in a building—
any storey below ground level is to be disregarded;
any mezzanine floor is to be regarded as a storey if its internal floor area is at least half of the internal floor area of the largest storey in the building which is not below ground level.
In subsection (2) “ground level”, in relation to a building, means—
the level of the surface of the ground immediately adjacent to the building, or
where the level of the surface of the ground on which the building is situated is not uniform, the level of the lowest part of the surface of the ground immediately adjacent to it.
For the purposes of subsection (3) a storey is “below ground level” if any part of the finished surface of the ceiling of the storey is below the level of the surface of the ground immediately adjacent to that part of the building.
This section applies for the purposes of sections 122 to 124 and Schedule 8.
A lease is a “qualifying lease” if—
it is a long lease of a single dwelling in a relevant building,
the tenant under the lease is liable to pay a service charge,
the lease was granted before 14 February 2022, and
at the beginning of 14 February 2022 (“the qualifying time”)—
the dwelling was a relevant tenant’s only or principal home,
a relevant tenant did not own any other dwelling in the United Kingdom, or
a relevant tenant owned no more than two dwellings in the United Kingdom apart from their interest under the lease.
Where a dwelling was at the qualifying time let under two or more leases to which subsection (2)(a) and (b) apply, any of those leases which is superior to any of the other leases is not a “qualifying lease”.
For the purposes of this section—
“long lease” means a lease granted for a term of years certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise;
a person “owns” a dwelling in England, Wales or Northern Ireland if the person has a freehold interest in it or is a tenant under a long lease of it;
“relevant tenant” means a person who, at the qualifying time, was the tenant, or any of the tenants, under the lease mentioned in subsection (2);
“service charge” has the meaning given by section 18 of the Landlord and Tenant Act 1985.
A connected replacement lease (see section 119A) is also a “qualifying lease”.
This section applies for the purposes of sections 122 to 124 and Schedule 8.
“Relevant defect”, in relation to a building, means a defect as regards the building that—
arises as a result of anything done (or not done), or anything used (or not used), in connection with relevant works, and
causes a building safety risk.
In subsection (2) “relevant works” means any of the following— “The relevant period” here means the period of 30 years ending with the time this section comes into force.
works relating to the construction or conversion of the building, if the construction or conversion was completed in the relevant period;
works undertaken or commissioned by or on behalf of a relevant landlord or management company, if the works were completed in the relevant period;
works undertaken after the end of the relevant period to remedy a relevant defect (including a defect that is a relevant defect by virtue of this paragraph).
In subsection (2) the reference to anything done (or not done) in connection with relevant works includes anything done (or not done) in the provision of professional services in connection with such works.
For the purposes of this section—
“Relevant steps”, in relation to a relevant defect, means steps which have as their purpose—
preventing or reducing the likelihood of a fire or collapse of the building (or any part of it) occurring as a result of the relevant defect,
reducing the severity of any such incident, or
preventing or reducing harm to people in or about the building that could result from such an incident.
For the purposes of section 119 (and this section) a lease (the “new lease”) is a “connected replacement lease” if—
the new lease is a lease of a single dwelling in a relevant building,
the tenant under the new lease is liable to pay a service charge,
the new lease was granted on or after 14 February 2022,
the new lease replaces—
one other lease, which is a qualifying lease (whether under section 119(2) or (3A)), or
two or more other leases, at least one of which is a qualifying lease (whether under section 119(2) or (3A)), and
there is continuity in the property let.
For the purposes of subsection (1)(d), the new lease replaces another lease if—
the term of the new lease begins during the term of the other lease, and the new lease is granted in substitution of the other lease, or
the term of the new lease begins at the end of the term of the other lease (regardless of when the lease is granted).
For the purposes of subsection (2)(a), the circumstances in which the new lease is granted in substitution of another lease include circumstances where—
the new lease is granted by way of a surrender and regrant of the other lease (including a deemed surrender and regrant, whether deemed under an enactment or otherwise);
the new lease is granted under— in a case where that provision of that Act applies by virtue of the other lease.
section 24 of the Landlord and Tenant Act 1954 (renewed business leases),
section 14 of, or Schedule 1 to, the Leasehold Reform Act 1967 (extension of leases of houses), or
section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (extension of leases of flats),
For the purposes of subsection (1)(e) there is continuity in the property let if—
the newly let property is exactly the same as the already let property,
the newly let property consists of some or all of the already let property, together with other property (whether or not that other property was previously let) (a “property combination”), or
the newly let property consists of some, but not all, of the already let property (but no other property) (a “property reduction”).
But there is no continuity in the property let by virtue of a property reduction if, as respects any lease in the relevant chain of qualifying leases, there was continuity in the property let by virtue of a property combination.
For that purpose, the “relevant” chain of qualifying leases is the chain of qualifying leases of which the new lease would be part were it a connected replacement lease.
For the purposes of subsection (1)(e) there is also continuity in the property let if the new lease is granted to rectify any error in the lease, or any lease, which the new lease replaces.
Where a dwelling is at any time on or after 14 February 2022 let under two or more leases to which subsection (1)(a) and (b) apply, any of the leases which is superior to any of the other leases is not a connected replacement lease.
For the purposes of sections 122 to 124 and Schedule 8, all of the leases in a chain of qualifying leases are to be treated as a single qualifying lease which has a term that—
began when the term of the initial qualifying lease in that chain began, and
ends when the term of the current connected replacement lease in that chain ends.
The Secretary of State may by regulations make provision about the meaning of “connected replacement lease” (including provision changing the meaning).
The provision that may be made in regulations under this section includes—
provision which amends this section;
provision which has retrospective effect.
Provision in regulations under this section made by virtue of section 168(2)(a) (consequential provision etc) may (in particular) amend this Act.
In this section—
The definitions in section 119(4) also apply for the purposes of this section.
For the purposes of sections 122 to 124 and Schedule 8, a partnership or body corporate is associated with another person in the circumstances mentioned in subsections (2) to (5).
Where a person’s interest in a relevant building was held on trust at the qualifying time, any partnership or body corporate which was a beneficiary of the trust at that time is to be regarded, for the purposes of the provisions mentioned in subsection (1) as they apply in relation to the relevant building, as associated with the person.
A partnership is associated with any person who was a partner in the partnership, other than a limited partner, at any time in the period of 5 years ending at the qualifying time (“the relevant period”).
A body corporate is associated with any person who was a director of the body corporate at any time in the relevant period.
A body corporate is associated with another body corporate if— Subsections (6) to (8) set out the cases in which a body corporate is regarded as controlling another body corporate.
at any time in the relevant period a person was a director of both of them, or
at the qualifying time, one of them controlled the other or a third body corporate controlled both of them.
A body corporate (X) controls a company (Y) if X possesses or is entitled to acquire—
at least half of the issued share capital of Y,
such rights as would entitle X to exercise at least half of the votes exercisable in general meetings of Y,
such part of the issued share capital of Y as would entitle X to at least half of the amount distributed, if the whole of the income of Y were in fact distributed among the shareholders, or
such rights as would, in the event of the winding up of Y or in any other circumstances, entitle it to receive at least half of the assets of Y which would then be available for distribution among the shareholders.
A body corporate (X) controls a limited liability partnership (Y) if X—
holds a majority of the voting rights in Y,
is a member of Y and has a right to appoint or remove a majority of other members, or
is a member of Y and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in Y.
A body corporate (X) controls another body corporate (Y) if X has the power, directly or indirectly, to secure that the affairs of Y are conducted in accordance with X’s wishes.
In subsection (7) a reference to “voting rights” is to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.
In determining whether one body corporate (X) controls another, X is treated as possessing—
any rights and powers possessed by a person as nominee for it, and
any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).
In this section “partnership” means— or a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom (and the reference to “limited partner” is to be read accordingly).
a partnership within the meaning of the Partnership Act 1890, or
a limited partnership registered under the Limited Partnerships Act 1907,
The Secretary of State may by regulations provide that, in relation to a prescribed reference in a provision mentioned in subsection (1) to anyone associated with another person, subsections (2) to (5) have effect with prescribed modifications.
Schedule 8—
provides that certain service charge amounts relating to relevant defects in a relevant building are not payable, and
makes provision for the recovery of those amounts from persons who are landlords under leases of the building (or any part of it).
The Secretary of State may by regulations make provision for and in connection with remediation orders.
A “remediation order” is an order, made by the First-tier Tribunal on the application of an interested person, requiring a relevant landlord to do one or both of the following by a specified time—
remedy specified relevant defects in a specified relevant building;
take specified relevant steps in relation to a specified relevant defect in a specified relevant building.
In this section “relevant landlord”, in relation to a relevant defect in a relevant building, means a landlord under a lease of the building or any part of it who is required, under the lease or by virtue of an enactment, to repair or maintain anything relating to the relevant defect.
In subsection (3) the reference to a landlord under a lease includes any person who is party to the lease otherwise than as landlord or tenant.
In this section “interested person”, in relation to a relevant building, means—
the regulator (as defined by section 2),
a local authority (as defined by section 30) for the area in which the relevant building is situated,
a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated,
a person with a legal or equitable interest in the relevant building or any part of it, or
any other person prescribed by the regulations.
In this section—
A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this section (other than one ordering the payment of a sum) is enforceable with the permission of the county court in the same way as an order of that court.
In proceedings for a remediation order, a direction given by the First-tier Tribunal requiring a relevant landlord to provide or produce an expert report is to be regarded as a decision for the purposes of subsection (7).
In subsection (8), “expert report” means an expert report or survey relating to—
relevant defects, or potential relevant defects, in a relevant building;
relevant steps taken or that might be taken in relation to a relevant defect in a relevant building.
The First-tier Tribunal may, on the application of an interested person, make a remediation contribution order in relation to a relevant building if it considers it just and equitable to do so.
“Remediation contribution order”, in relation to a relevant building, means an order requiring a specified body corporate or partnership to make payments to a specified person, for the purpose of meeting costs incurred or to be incurred in remedying , or otherwise in connection with, relevant defects (or specified relevant defects) relating to the relevant building.
A body corporate or partnership may be specified as a person required to make payments only if it is—
a landlord under a lease of the relevant building or any part of it,
a person who was such a landlord at the qualifying time,
a developer in relation to the relevant building, or
a person associated with a person within any of paragraphs (a) to (c).
The following descriptions of costs, among others, fall within subsection (2)—
costs incurred or to be incurred in taking relevant steps in relation to a relevant defect in the relevant building;
costs incurred or to be incurred in obtaining an expert report relating to the relevant building;
temporary accommodation costs incurred or to be incurred in connection with a decant from the relevant building (or from part of it) that took place or is to take place—
to avoid an imminent threat to life or of personal injury arising from a relevant defect in the building,
(in the case of a decant from a dwelling) because works relating to the building created or are expected to create circumstances in which those occupying the dwelling cannot reasonably be expected to live, or
for any other reason connected with relevant defects in the building, or works relating to the building, that is prescribed by regulations made by the Secretary of State.
An order may—
require the making of payments of a specified amount, ...;
require a payment to be made at a specified time, or to be made on demand following the occurrence of a specified event.
if it does not require the making of payments of a specified amount, determine that a specified body corporate or partnership is liable for the reasonable costs of specified things done or to be done;
The Secretary of State may make regulations for the purposes of this section specifying descriptions of costs which are, or are not, to be regarded as falling within subsection (2).
In this section—
The Secretary of State may by regulations provide that this section applies, with or without modifications, in relation to a building that would, but for section 117(3), be a relevant building.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies if, in the course of the winding up of a company which is a landlord under a lease of a relevant building or any part of it, it appears—
that there are relevant defects relating to the building, and
that the company is under an obligation (howsoever imposed) to remedy any of the relevant defects or is liable to make a payment relating to any costs incurred or to be incurred in remedying any of the relevant defects.
The court may, on the application of a person acting as an insolvency practitioner in relation to the company, by order require a body corporate or partnership associated with the company— Section 124(4) applies for the purposes of this section.
to make such contributions to the company’s assets as the court considers to be just and equitable, or
to make such payments to a specified person as the court considers to be just and equitable for the purpose of meeting costs incurred or to be incurred in remedying relevant defects mentioned in subsection (1)(b).
An order may be made where proceedings for the winding up of the company were commenced before (as well as after) the coming into force of this section.
In this section—
The Secretary of State may by regulations—
establish a scheme to be maintained by the Secretary of State, or a person designated by the Secretary of State and acting on the Secretary of State’s behalf, and
make provision about the scheme.
A scheme may be established for any purpose connected with— including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.
securing the safety of people in or about buildings in relation to risks arising from buildings, or
improving the standard of buildings,
Regulations that establish a scheme must prescribe— and may provide for different categories of membership.
the descriptions of persons in the building industry who may be members of the scheme (“eligible persons”), and
the conditions that an eligible person must meet in order to become, and remain, a member of the scheme (“membership conditions”),
The membership conditions that may be prescribed include in particular conditions relating to— In paragraph (e) “conduct” includes conduct occurring before the coming into force of this section.
the remedying of defects in buildings with which an eligible person has a connection of a prescribed kind;
the making of financial contributions towards meeting costs associated with remedying defects in buildings (including buildings with which an eligible person has no connection);
the use (or use in prescribed cases) of construction products (or construction products of a prescribed description) of prescribed persons carrying out activities in relation to construction products;
the provision of information to the Secretary of State or any other person;
the competence or conduct of any individual connected with an eligible person (for example, any director or senior manager of an eligible person) or any person with whom an eligible person contracts;
whether persons with whom an eligible person contracts are members of a scheme.
The descriptions of persons prescribed by virtue of subsection (4)(c) may in particular be prescribed by reference to—
being eligible to be members of a scheme and not being members of that scheme;
their conduct in relation to remedying defects in buildings or contributing to costs associated with remedying defects in buildings.
The membership conditions that may be prescribed by virtue of subsection (4)(c) include in particular a condition requiring an eligible person to ensure that no prescribed product of prescribed persons carrying out activities in relation to construction products is used in prescribed cases.
The Secretary of State must ensure that a list of members of a scheme is kept and published (and may publish a list of persons who are eligible persons but are not members of a scheme).
Regulations may make provision about the keeping and publication of other lists.
This section supplements section 126.
Regulations may make provision about—
applications for membership of a scheme;
renewal of membership at prescribed intervals;
termination of a person’s membership;
the suspension of a person from membership.
Regulations may provide for the charging of fees, in connection with—
an application for membership;
renewal of membership;
a review;
any other prescribed matter.
Regulations may provide for membership conditions to be framed by reference to—
standards, or a document, from time to time published by any person;
the opinion of the Secretary of State, or a designated person, in relation to any matter.
Regulations may make provision about the determination of disputes.
Regulations may make provision about the termination of a scheme.
In section 126 and this section—
The Secretary of State may by regulations prohibit a person of a prescribed description from carrying out development of land in England (or a prescribed description of such development).
The descriptions of persons which may be prescribed include in particular persons who—
are eligible to be members of a scheme established under section 126, and
are not members of that scheme.
A prohibition under the regulations may be imposed for any purpose connected with— including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.
securing the safety of people in or about buildings in relation to risks arising from buildings, or
improving the standard of buildings,
A prohibition under the regulations applies despite planning permission (or any prescribed description of planning permission) having been granted.
The regulations may provide that, in prescribed cases, no prescribed certificate under the 1990 Act may be granted (and any purported grant is of no effect).
The regulations may require a person of a prescribed description to give a notification relating to development (and may make provision about the content and form of a notification and the way in which it is to be given).
The regulations may contain exceptions.
The regulations may make provision about enforcement, including in particular provision applying (with or without modifications), in relation to a breach of the regulations, any provision of Part 7 of the 1990 Act (enforcement).
For the purposes of this section—
“the 1990 Act” means the Town and Country Planning Act 1990;
“building” means a building in England;
“development” has the meaning given by section 55 of the 1990 Act;
“planning permission” has the meaning given by section 336 of the 1990 Act;
“prescribed” means prescribed by regulations under this section;
“standard” is to be read in accordance with section 30.
The Secretary of State may by regulations impose a building control prohibition, as regards buildings or proposed buildings, in relation to persons of a prescribed description.
The descriptions of persons which may be prescribed include in particular persons who—
are eligible to be members of a scheme established under section 126, and
are not members of that scheme.
A building control prohibition may be imposed for any purpose connected with— including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.
securing the safety of people in or about buildings in relation to risks arising from buildings, or
improving the standard of buildings,
A “building control prohibition”, in relation to a person, prohibits—
the person from applying for building control approval or from depositing plans,
the person from giving an initial notice (whether or not jointly with anyone else) or a public body’s notice, public body’s plans certificate or public body’s final certificate,
the granting of building control approval to the person,
the passing of plans deposited by the person,
the acceptance of an initial notice given by the person (whether or not jointly with anyone else) or a public body’s notice, public body’s plans certificate or public body’s final certificate given by the person,
the giving of a final certificate in relation to works carried out by the person,
the person from giving a prescribed document,
the giving of a prescribed document to the person or in respect of works carried out by the person, or
the acceptance of any prescribed document given by the person or in respect of works carried out by the person.
A building control prohibition applies despite any provision made by or under the Building Act 1984.
The regulations may contain exceptions.
The regulations may provide that anything done in contravention of the regulations is of no effect.
Any reference in this section to a building or proposed building is to a building or proposed building in England.
In this section—
The High Court may make a building liability order if it considers it just and equitable to do so.
A “building liability order” is an order providing that any relevant liability (or any relevant liability of a specified description) of a body corporate (“the original body”) relating to a specified building is also—
a liability of a specified body corporate, or
a joint and several liability of two or more specified bodies corporate.
In this section “relevant liability” means a liability (whether arising before or after commencement) that is incurred—
under the Defective Premises Act 1972 or section 38 of the Building Act 1984, or
as a result of a building safety risk.
A body corporate may be specified only if it is, or has at any time in the relevant period been, associated with the original body.
A building liability order—
may be made in respect of a liability of a body corporate that has been dissolved (including where dissolution occurred before commencement);
continues to have effect even if the body corporate is dissolved after the making of the order.
In this section—
For the purposes of section 130, a body corporate (A) is associated with another body corporate (B) if— Subsections (2) to (4) set out the cases in which a body corporate is regarded as controlling another body corporate.
one of them controls the other, or
a third body corporate controls both of them.
A body corporate (X) controls a company (Y) if X possesses or is entitled to acquire—
at least half of the issued share capital of Y,
such rights as would entitle X to exercise at least half of the votes exercisable in general meetings of Y,
such part of the issued share capital of Y as would entitle X to at least half of the amount distributed, if the whole of the income of Y were in fact distributed among the shareholders, or
such rights as would, in the event of the winding up of Y or in any other circumstances, entitle it to receive at least half of the assets of Y which would then be available for distribution among the shareholders.
A body corporate (X) controls a limited liability partnership (Y) if X—
holds a majority of the voting rights in Y,
is a member of Y and has a right to appoint or remove a majority of other members, or
is a member of Y and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in Y.
A body corporate (X) controls another body corporate (Y) if X has the power, directly or indirectly, to secure that the affairs of Y are conducted in accordance with X’s wishes.
In subsection (3) a reference to “voting rights” is to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.
In determining under any of subsections (2) to (4) whether one body corporate (X) controls another, X is treated as possessing—
any rights and powers possessed by a person as nominee for it, and
any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).
For the purposes of section 130 as it applies in relation to a building, where a person’s interest in the building is held on trust, a body corporate which is a beneficiary of the trust is to be regarded as associated with the person.
A person of a prescribed description may apply to the High Court for an information order.
An “information order” is an order requiring a specified body corporate to give, by a specified time, specified information or documents relating to persons who are, or have at any time in a specified period been, associated with the body corporate.
An information order may be made only if it appears to the court—
that the body corporate is subject to a relevant liability (within the meaning of section 130), and
that it is appropriate to require the information or documents to be provided for the purpose of enabling the applicant (or the applicant and others) to make, or consider whether to make, an application for a building liability order.
In this section—
Section 2
The Health and Safety at Work etc Act 1974 is amended as follows.
Section 11 (functions of the Executive) is amended as follows. In subsection (5)— In subsection (6)(b) at the end insert “or to its building functions.”
After section 11 insert—
In section 12(3) (control of the Executive) after “provisions” insert “, or the enforcement of the building enactments,”.
Section 13 (powers of the Executive) is amended as follows. In subsection (3) after “functions” insert “on its behalf”. In subsection (4) after “department or authority” insert “on behalf of the Minister, department or authority”. In subsection (6) after “Part” insert “or in connection with its building functions”. In subsection (7) after “functions” insert “except its building functions”.
In section 27 (information powers) after subsection (4) insert—
In section 53 (general interpretation) at the appropriate place insert—; .
Schedule 2 (constitution of the Executive) is amended as follows. In paragraph 2(3)(d)(iii) at the end insert “, building safety, building standards or fire safety.” In paragraph 9(3)(b) after “provisions” insert “, or the building enactments,”. In paragraph 12(2)—
Section 22
Section 27
Section 43
The Building Act 1984 is amended as follows.
In section 42(1) (appeals) for “approved inspector” substitute “registered building control approver”.
In the heading before section 47, for “approved inspectors” substitute “registered building control approvers”.
Section 47 (giving and acceptance of initial notice) is amended as follows. In subsection (1)— In subsection (5)(b)—
Omit section 49 (approved inspectors).
In section 50(7) (plans certificates) for “approved inspector”, in both places it occurs, substitute “registered building control approver”.
In section 51(1) (final certificates)—
for “an approved inspector” substitute “a registered building control approver”;
for “him” substitute “them”;
for “he” substitute “they”;
for “his” substitute “their”.
In section 51A(2)(a)(ii) (variation of work) for “approved inspector” substitute “registered building control approver”.
In section 51C(2)(a) (change of person carrying out work) for “approved inspector” substitute “registered building control approver”.
Section 52 (cancellation of initial notice) is amended as follows. In subsection (1)— In subsection (2)(a) for “approved inspector” substitute “registered building control approver”.
In section 56(5) (powers to require information) for “approved inspector” substitute “registered building control approver”.
In section 57 (offences), for subsection (3) substitute—
In section 58(3) (construction of Part 2)—
for “an approved inspector” substitute “a registered building control approver”;
for “him” substitute “them”.
In section 126 (general interpretation)—
omit the definition of “approved inspector”;
at the appropriate place insert—; ; .
Section 55
The Building Act 1984 is amended as follows.
Section 1 is amended as follows. In subsection (1) for “Secretary of State” substitute “appropriate national authority”. In subsection (4) for the words from “subject to” to the end substitute —
In section 1A(1) for “Secretary of State” substitute “appropriate national authority”.
Section 2 is amended as follows. In subsection (1) for “Secretary of State” substitute “appropriate national authority”. In subsections (3) and (4) for “local authority” substitute “building control authority”.
Section 3 is amended as follows. In subsection (2) for “Secretary of State” substitute “appropriate national authority”. After that subsection insert— In subsection (3)—
In section 4(1)(a)(i) for “Secretary of State” substitute “appropriate national authority”.
In section 5(3)(b) omit “of building regulations”.
Omit section 5(4).
Section 6 is amended as follows. For “Secretary of State”, in each place it occurs, substitute “appropriate national authority”. In subsection (1) for “him”, in each place it occurs, substitute “the appropriate national authority”. In subsection (4)(a) omit “him or”. In subsection (5) omit “his or”. After that subsection insert— In subsection (8) for the words from “subject to” to the end substitute — After subsection (8) insert—
Section 7 is amended as follows. In subsection (1)(a) for the words from “document” to “provision” substitute “relevant approved document”. After subsection (1) insert—
Section 8 is amended as follows. For “Secretary of State”, in both places it occurs, substitute “appropriate national authority”. In subsection (1) for “he” substitute “it”. After subsection (3) insert—
Section 9 is amended as follows. For “Secretary of State”, in both places it occurs, substitute “appropriate national authority”. In subsection (1) for “or (2) above” substitute “, (2) or (3A)”. In subsection (2) for “The application” substitute “An application under section 8(1) or (2)”. In subsection (3) at the end insert “or in a case where the regulator is the building control authority.”
Section 10 is amended as follows. In subsections (1), (2), (4) and (5) for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”. In subsections (1), (2) and (5) for “local authority”, in each place it occurs, substitute “building control authority”. In subsection (1) after “(2)” insert “, (3A)”. In subsection (2) omit “he, they or”. In subsection (4) omit “himself”.
Section 11 is amended as follows. In subsection (1)— In subsection (2)(b)— In subsection (3)— After that subsection insert— For subsections (4) and (5) substitute— In subsection (6)— In subsection (7) for the words from “before that time” to the end substitute “an application for building control approval in relation to the proposed work was made before that time.”
Section 12 is amended as follows. In subsections (1), (3), (7), (8), (9) and (11) and the heading, for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”. In subsection (1) for “to him or of his” substitute “by any person (the “original applicant”) or of its”. In subsection (3) for “he” substitute “it”. In subsection (6)— In subsection (7) for “(1) or (6) above” substitute “(1), (6) or (8)”. In subsection (8) for the words from “but” to the end substitute “either on an application or of the appropriate national authority’s own accord.” After subsection (8) insert— In subsection (9) for “he”, in both places it occurs, substitute “it”. In subsection (10) for the words from “before that time” to the end substitute “an application for building control approval in relation to the proposed work was made before that time.”
Section 13 is amended as follows. For “Secretary of State”, in each place it occurs, substitute “appropriate national authority”. In subsection (1) omit “on him”.
Section 14 is amended as follows. Omit subsections (1) to (4). In subsection (7) for the words from “such” to the end substitute “any other person that the Welsh Ministers consider appropriate.” In subsection (8)— In the heading at the end insert “: Wales”.
In section 15 after subsection (2) insert—
For the heading before section 16 substitute “Building control approval”.
Omit sections 16 and 17.
Section 19 is amended as follows. For “local authority”, in each place it occurs except subsection (1), substitute “building control authority”. In subsection (1)— In subsection (2)— In subsection (4) for “plans” substitute “an application”.
Section 20 is amended as follows. For “local authority”, in each place it occurs except subsection (1), substitute “building control authority”. In subsection (1)— In subsection (2)— In subsection (3)— In subsection (5)(a) for “plans” substitute “an application”. In subsection (7)— In subsection (10)—
Section 21 is amended as follows. For “local authority”, in each place it occurs, substitute “building control authority”. In subsection (3) for “plans are deposited” substitute “an application for building control approval is made”. In subsection (4) for the words from “plans” to “deposited with” substitute “an application for building control approval in respect of a building or an extension of a building is made to”.
Section 22 is amended as follows. For “local authority”, in each place it occurs, substitute “building control authority”. In subsection (2) for the words from “for whose drainage” to the end substitute “if building control approval has been given in respect of work comprising drainage for the building.”
In section 23(3) for “local authority”, in both places it occurs, substitute “building control authority”.
Section 24 is amended as follows. For “local authority”, in each place it occurs, substitute “building control authority”. In subsection (1)— In subsection (2) for “plans are deposited” substitute “an application for building control approval is made”.
Section 25 is amended as follows. For “local authority”, in each place it occurs, substitute “building control authority”. In subsection (1)— In subsection (2)— In subsection (3) for “plans as aforesaid have been passed” substitute “application has been granted”.
Omit section 31 (and the heading before it).
In the heading before section 32 for “deposit of plans” substitute “building control approval”.
Section 33 is amended as follows. For subsections (1) and (2) substitute— After subsection (3) insert— In subsections (4), (5) and (6) for “local authority”, in each place it occurs, substitute “building control authority”.
Omit section 35A.
Section 36 is amended as follows. In subsections (1) to (3) for “local authority”, in each place it occurs, substitute “building control authority”. In subsection (1) after “those regulations” insert “or a requirement imposed by virtue of any of those regulations”. In subsection (2)— For subsection (5) substitute— In subsection (6)—
In section 37(1) for “local authority”, in each place it occurs, substitute “building control authority”.
In section 39(1) and (2) for “local authority”, in each place it occurs, substitute “building control authority”.
In section 40(2), (3) and (6) for “local authority”, in each place it occurs, substitute “building control authority”.
In section 41(1)(a) for the words from “under this” to the end substitute “under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part,”.
In section 42(1) for “local authority”, in both places it occurs, substitute “building control authority”.
Omit sections 44 and 45 (and the heading before section 44).
In the heading of Part 2 for “LOCAL AUTHORITIES” substitute “BUILDING CONTROL AUTHORITIES”.
Section 47 is amended as follows. In subsection (2)— After subsection (3) insert—
Section 48 is amended as follows. In subsection (1)— In subsection (2)—
Section 51A is amended as follows. In subsection (4)— After subsection (5) insert—
In section 51B(1)—
in paragraph (a) for “deposit of plans” substitute “making of an application for building control approval”;
in paragraph (b) for “passing or, as the case may be, the rejection of plans” substitute “approval or rejection of the application”;
in paragraph (c)—
in the words before sub-paragraph (i) for “deposited plans” substitute “plans treated as accompanying the application for building control approval”;
in sub-paragraph (ii) for “the deposited plans” substitute “accompanying the application”;
in paragraph (d) for the words from “, the cancellation” to the end substitute “and the initial notice ceases to be in force under section 53A, the application for building control approval (treated by virtue of paragraph (a) as made) is to be treated as if it was not made (and the approval was not given).”
Section 52 is amended as follows. In subsection (4) omit “not exceeding level 5 on the standard scale”. In subsection (6) for “(5)” substitute “(5A)”.
In section 53 omit subsections (6) and (6A).
Section 54 is amended as follows. In subsection (1) for “Secretary of State” substitute “appropriate national authority”. In subsection (2)—
In section 56(3) for the words from “, public body’s final certificates” to the end substitute “and public body’s final certificates.”
Section 57 is amended as follows. In subsection (1)(a)(i) for the words from “of this Act” to the end (not including the “and”) substitute “or a provision of building regulations that is designated by the regulations for the purposes of this section,”. In subsection (2)(a) omit “not exceeding the statutory maximum”.
Omit section 58(2).
In section 68(8)(b) for “Secretary of State” substitute “appropriate national authority”.
In section 78(7)(b) omit “and (3) below”.
In section 86(1)(a) for the words from “under this” to the end substitute “under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part,”.
In section 90(2) for “Secretary of State” substitute “appropriate national authority”.
In the italic heading before section 91 at the end insert “etc”.
Section 91A is amended as follows. In subsections (1), (2) and (4) for “local authority”, in each place it occurs, substitute “relevant authority”. In subsection (2)(a) omit “, or deposited with,”. In subsection (5)— In the heading after “local authorities” insert “and the regulator”. Omit subsections (6) to (8).
After section 91A insert—
Section 92 is amended as follows. In subsection (1) after “authority”, in both places it occurs, insert “or the regulator”. In subsection (2)—
Section 94 is amended as follows. The existing provision becomes subsection (1) of that section. In that subsection— After that subsection insert—
Omit section 94A.
In section 95 after subsection (2) insert—
In section 97 after “authority” insert “or the regulator”.
In section 99(2)(a) after “authority” insert “or the regulator (as the case may be)”.
Section 100 is amended as follows. For “local authority”, in each place it occurs, substitute “relevant authority”. After subsection (3) insert—
Section 101 is amended as follows. In subsection (1) for “local authorities” substitute “any relevant authority”. In subsection (2) for “local authority” substitute “relevant authority”. After that subsection insert—
In section 102(3)(b)(ii) after “authority” insert “or the regulator”.
Section 104 is amended as follows. In the provision— In the heading after “authority” insert “or regulator”.
Section 106 is amended as follows. In subsection (2) omit “Subject to subsection (3) below,”. Omit subsection (3).
Section 107 is amended as follows. For “local authority”, in each place it occurs, substitute “relevant authority”. After subsection (5) insert—
Section 108 is amended as follows. For “local authority”, in each place it occurs, substitute “relevant authority”. After subsection (4) insert—
Section 110 is amended as follows. In the existing provision (which becomes subsection (1) of that section) for “local authority”, in each place it occurs, substitute “relevant authority”. After that subsection insert—
In section 111 for “Secretary of State” substitute “appropriate national authority”.
Section 112 is amended as follows. The existing provision becomes subsection (1) of that section. In that subsection for “level 1” substitute “level 3”. After that subsection insert—
In section 113(b) after “authority” insert “, the regulator, the Welsh Ministers, the Counsel General to the Welsh Government”.
Section 119 is amended as follows. In the existing provision (which becomes subsection (1) of that section)— After that subsection insert—
In the italic heading before section 120 at the end insert “and regulations”.
Section 120 is amended as follows. In subsection (1) for the words from “section” to “this Act,” substitute “section 134(1)”. In subsection (2)—
After section 120 insert—
Section 121 is amended as follows. In subsection (2) for “Secretary of State” substitute “appropriate national authority”. After subsection (3) insert—
Omit section 124.
After section 125 insert—
Section 126 is amended as follows. At the appropriate place insert—; ; ; ; ; ; ; ; ; . Omit the definition of “relevant period”.
In section 134 after subsection (1) insert—
Schedule 1 is amended as follows. In paragraph 1(b) for “Secretary of State” substitute “appropriate national authority”. Omit paragraphs 2 to 5. In paragraph 6— In paragraph 7A(4) for “under paragraph 4A” substitute “by virtue of paragraph 1A”. In paragraph 8— Omit paragraph 9. For paragraph 10 substitute— In paragraph 11 for “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.
Schedule 2 is amended as follows. For “local authority”, in each place it occurs, substitute “building control authority”. In paragraphs 2 and 3(5) for “Secretary of State” substitute “appropriate national authority”.
In Schedule 3, in paragraph 4 for “section 14(3)” substitute “section 120B(3)”.
In Schedule 4, in paragraph 4 omit sub-paragraph (6).
Section 56
Section 102
Section 122
Section 137(1)
Section 137(8)
The Local Government Act 1974 is amended in accordance with paragraphs 2 to 4.
Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows. In subsection (1)— In subsection (2), after “housing ombudsman,” insert “the new homes ombudsman,”. After subsection (3A) insert— In subsection (4)—
Section 33ZA (collaborative working between Local Commissioners and others) is amended as follows. In subsection (1)— In subsection (1A) for “or (c)” substitute “, (c) or (d)”. In subsection (3)—
In section 33ZB (arrangements for provision of administrative and other services), in subsection (4)—
in paragraph (c) omit the final “and”;
at the end of paragraph (d) insert—
Paragraph 10A of Schedule 2 to the Housing Act 1996 (housing complaints: collaborative working with Local Commissioners) is amended as follows. In sub-paragraph (1)— In sub-paragraph (3)— In sub-paragraph (4)—
The Public Services Ombudsman (Wales) Act 2019 (anaw 3) is amended as follows. In section 65(7) (consultation and co-operation with other ombudsmen)—
Section 146
The Landlord and Tenant Act 1985 is amended as follows.
In section 20(1)(b) (limitation of service charges: consultation requirements) at the beginning insert “except in the case of works to which section 20D applies,”.
In section 20ZA (consultation requirements: supplementary) after subsection (5) insert—
After section 20C insert—
In the Defective Premises Act 1972 after section 2 insert—
The amendment made by this section applies in relation to work completed after the coming into force of this section.
After section 4A of the Limitation Act 1980 insert—
In section 1(5) of the Defective Premises Act 1972, for “the Limitation Act 1939, the Law Reform (Limitation of Actions, &c.) Act 1954 and the Limitation Act 1963” substitute “the Limitation Act 1980”.
The amendment made by subsection (1) in relation to an action by virtue of section 1 of the Defective Premises Act 1972 is to be treated as always having been in force.
In a case where— section 4B of the Limitation Act 1980 (inserted by subsection (1)) has effect as if it provided that the action may not be brought after the end of the initial period.
by virtue of section 1 of the Defective Premises Act 1972 a person became entitled, before the day on which this section came into force, to bring an action against any other person, and
the period of 30 years from the date on which the right of action accrued expires in the initial period,
Where an action is brought that, but for subsection (3), would have been barred by the Limitation Act 1980, a court hearing the action must dismiss it in relation to any defendant if satisfied that it is necessary to do so to avoid a breach of that defendant’s Convention rights.
Nothing in this section applies in relation to a claim which, before this section came into force, was settled by agreement between the parties or finally determined by a court or arbitration (whether on the basis of limitation or otherwise).
In this section—
The Secretary of State must make arrangements for there to be a scheme, to be known as the “new homes ombudsman scheme”, which meets the conditions in section 137(1).
Examples of arrangements under subsection (1) are arrangements—
with another person under which that other person agrees to establish and maintain the new homes ombudsman scheme in accordance with the terms of the arrangements,
under which the new homes ombudsman scheme is established and maintained by (or on behalf of) the Secretary of State, or
for the maintenance of the new homes ombudsman scheme, in accordance with the terms of the arrangements, by a person other than the person who established it.
The Secretary of State may—
give financial assistance (by way of grant, loan, guarantee or in any other form) to a person for the establishment or maintenance of the new homes ombudsman scheme;
make payments to such a person (otherwise than as financial assistance) in accordance with arrangements under subsection (1).
Before making arrangements under subsection (1), the Secretary of State must consult—
the Welsh Ministers,
the Scottish Ministers, and
the relevant Northern Ireland department.
In this section, “the relevant Northern Ireland department” means—
the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or
failing such a designation, the Executive Office in Northern Ireland.
The conditions referred to in section 136(1) are that—
membership of the scheme is open to all developers,
the scheme enables qualifying complainants to have complaints against members of the scheme investigated and determined by an independent individual, and
the scheme contains the provisions required by Schedule 9.
A “qualifying complainant” is a person who, at the time the complaint is made, is a relevant owner of a home which, at that time, is a new build home.
The individual who is to investigate and determine complaints under the scheme is to be known as “the new homes ombudsman”.
The scheme may also include provision for persons other than qualifying complainants to have complaints against members of the scheme investigated and determined under the scheme.
The scheme may provide that the new homes ombudsman is not required to investigate a complaint if the new homes ombudsman is satisfied that the complaint (or a complaint which is materially the same) is being, or has been, dealt with under another redress scheme or in legal proceedings.
In this section, “redress scheme” means a scheme under which complaints may be made to, and investigated and determined by, an independent person.
Schedule 9 contains further provision about the new homes ombudsman scheme.
Schedule 10 contains amendments connected with the establishment of the new homes ombudsman scheme.
This section provides for the meaning of terms used in section 137 (and in this section).
A person is a “relevant owner” of a home if the person—
is an individual,
has a relevant interest in land that includes the home, and
meets the occupation condition.
A person meets the occupation condition if the person—
occupies the home, or
is the landlord under a lease of land that includes the home granted for a term not exceeding 21 years to another individual for that individual’s occupation of the home.
In relation to a home in Scotland or Northern Ireland, subsection (3) has effect as if in paragraph (b) the words “for a term not exceeding 21 years” were omitted.
A home is a “new build home” if—
the home is, or is contained in—
a building the construction of which began after the coming into force of this section, or
a building that has been converted, or to which any other works have been carried out, so that it consists of or contains the home, where the conversion or works began after the coming into force of this section,
there is a person who is, or was, a developer in relation to the home, and
no more than two years have elapsed since the first acquisition, by any person, of a relevant interest in land that includes the home from the person mentioned in paragraph (b).
“Relevant interest” means—
in relation to land in England or Wales, a legal estate which is—
an estate in fee simple absolute in possession, or
a term of years absolute granted for a term of more than 21 years from the date of the grant;
in relation to land in Scotland, the interest of an owner of land;
in relation to land in Northern Ireland, a legal estate which is—
an estate in fee simple absolute in possession,
an estate in fee simple in possession subject to a rent payable under a fee farm grant, or
a term of years absolute granted for a term of more than 21 years from the date of the grant.
A “developer” is a person—
who undertakes or commissions— with a view to granting, or disposing of, a relevant interest in land that includes the home or, in a case falling within sub-paragraph (iii), any of the homes, or
the construction of a new building that is to consist of or contain a home,
the conversion of, or carrying out of any other works to, an existing building so that it consists of or contains a home, or
the conversion of, or carrying out of any other works to, an existing building so as to alter the number of homes contained in it,
who is of a description specified in regulations made by the relevant national authority.
Regulations under subsection (7)(b) may, among other things, specify a description of persons by reference to a connection with a person mentioned in subsection (7)(a).
In subsection (7)(b), “the relevant national authority” means—
in relation to homes in England, the Secretary of State,
in relation to homes in Wales, the Welsh Ministers,
in relation to homes in Scotland, the Scottish Ministers, and
in relation to homes in Northern Ireland, the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly.
Before making regulations under subsection (7)(b), the relevant national authority must consult each other person who is the relevant national authority in relation to regulations under that subsection.
If no Northern Ireland department has been designated for the purposes of this section then, for the purposes of subsection (10), “the relevant national authority” in relation to homes in Northern Ireland is the Executive Office in Northern Ireland.
“Home” means a private residence.
“Occupies” means occupies as a private residence (and “occupation” is to be construed accordingly).
The power to make regulations under section 138(7)(b) is exercisable— (For regulations under section 138(7)(b) made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
in the case of regulations made by the Secretary of State or the Welsh Ministers, by statutory instrument, and
in the case of regulations made by a Northern Ireland department, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Regulations under section 138(7)(b)—
may make different provision for different purposes;
may contain consequential, supplementary, incidental, transitional or saving provision.
Regulations under section 138(7)(b)—
if made by the Secretary of State, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;
if made by the Welsh Ministers, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;
if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
The Secretary of State may by regulations— In this subsection, “developer” has the meaning given in section 138 and “specified” means specified in the regulations.
require persons who are developers, or developers of a specified description, to become members of the new homes ombudsman scheme;
require persons who are required to become members of the scheme under paragraph (a) to remain members of the scheme for a period specified in the regulations (even if they are no longer developers);
require members of the scheme to inform persons of a specified description of the scheme;
make provision for civil sanctions to be imposed in respect of a breach of a requirement imposed by regulations under paragraph (a), (b) or (c);
make provision for the investigation of suspected breaches of such a requirement.
Before making regulations under subsection (1), the Secretary of State must consult—
the Welsh Ministers,
the Scottish Ministers, and
the relevant Northern Ireland department.
Provision made by virtue of subsection (1)(a) may provide for exceptions to the requirement to become a member of the scheme.
Provision made by virtue of subsection (1)(a) or (b) may require persons who are members of the new homes ombudsman scheme to—
obtain a certificate confirming their membership of the scheme;
display or publish the certificate in accordance with the regulations;
produce a copy of the certificate, on request, in accordance with the regulations.
Provision made for the imposition of a civil sanction by virtue of subsection (1)(d) must include—
provision for appeals to a court or tribunal against the imposition of the sanction, and
such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.
Provision made by virtue of subsection (1)(d) or (e) may—
confer functions on a person (including functions involving the exercise of a discretion);
require a person on whom functions are so conferred to have regard to any relevant guidance issued by the Secretary of State relating to the exercise of those functions.
The Secretary of State may make payments to a person on whom functions are conferred by virtue of subsection (6).
In this section, “the relevant Northern Ireland department” means—
the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or
failing such a designation, the Executive Office in Northern Ireland.
The person who maintains the new homes ombudsman scheme must keep a register of persons who are members of the scheme.
The register must be made available for inspection by members of the public at all reasonable times.
The Secretary of State may issue or approve a code of practice about the standards of conduct and standards of quality of work expected of members of the new homes ombudsman scheme.
The Secretary of State may from time to time revise or replace the code or approve its revision or replacement.
The Secretary of State must ensure that the current version of the code is published.
The Secretary of State must consult the Welsh Ministers, the Scottish Ministers and the relevant Northern Ireland department before—
issuing, revising or replacing the code, or
approving the code or a revision or replacement of it.
In this section, “the relevant Northern Ireland department” means—
the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or
failing such a designation, the Executive Office in Northern Ireland.
In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 10(2), at the end insert—
This section applies where a person (“the developer”) carries out a development in England that results in the creation of one or more dwellings (“new build homes”).
The developer must, at the time of or before granting or disposing of a relevant interest in a new build home—
provide to the purchaser a new build home warranty for the new build home, and
provide to a prescribed person a new build home warranty for any common parts.
A “new build home warranty” for a thing is an arrangement, satisfying any requirements under subsection (4), under which— “Specified” here means specified in the arrangement.
the developer agrees, in specified circumstances, to remedy any specified defect (or any defect) in the thing occurring in a specified period, and
a prescribed person obtains the benefit of a policy of insurance relating to specified defects (or any defects) in the thing.
The Secretary of State may by regulations impose requirements about new build home warranties, including in particular requirements as to—
the kinds of defect which the developer must agree to remedy;
the circumstances in which the developer must agree to remedy a defect (including the minimum duration of the period mentioned in subsection (3)(a));
the developer agreeing to meet prescribed costs incurred by a person occupying a new build home, where works to remedy a defect are carried out;
the policy of insurance (including risks that must be covered, the minimum amount of cover, the minimum duration of the period of cover, and the maximum amount of any excess);
the solvency of the insurer or underwriter;
the standard of service provided by or on behalf of the insurer in relation to the policy;
the ability of a person who has the benefit of the warranty to transfer that benefit to another person.
The regulations must provide that the period of cover under the policy of insurance must be at least 15 years beginning with the day on which the relevant interest is granted or disposed of.
In this section—
The Secretary of State may by regulations make provision for and in connection with the imposition of a financial penalty in cases where the Secretary of State, or a person designated by the Secretary of State, is satisfied beyond reasonable doubt that a person has, without reasonable excuse, failed to comply with section 144(2).
The regulations may include provision—
about the procedure to be followed in imposing penalties;
about the amount of penalties;
for the imposition of interest or additional penalties for late payment;
conferring rights of appeal against penalties.
The regulations must provide that the amount of a financial penalty (excluding interest or any additional penalty) may not exceed the greater of—
10% of the value of the relevant interest at the time the person granted or disposed of the relevant interest, and
£10,000.
Schedule 11 contains provision for regulations relating to construction products.
In this section, section 148 and section 149—
This section applies where Conditions A to D are met.
Condition A is that, at any time after the coming into force of this section—
a person fails to comply with a construction product requirement in relation to a construction product,
a person who markets or supplies a construction product makes a misleading statement in relation to it, or
a person manufactures a construction product that is inherently defective.
Condition B is that, after Condition A is met, the construction product referred to in subsection (2)(a), (b) or (c) is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
Condition C is that, when those works are completed—
in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
Condition D is that the facts referred to in subsection (2)(a), (b) or (c) were the cause, or one of the causes, of the building or dwelling being unfit for habitation.
The person referred to in subsection (2)(a), (b) or (c) is liable to pay damages to a person with a relevant interest in relation to the relevant building for personal injury, damage to property or economic loss suffered by that person as a result of the facts referred to in subsection (4)(a) or (b).
A term of an agreement which purports to exclude or restrict, or has the effect of excluding or restricting, any liability arising under this section is void.
For the purposes of section 10B(1) of the Limitation Act 1980 and section 18ZD(1) of the Prescription and Limitation (Scotland) Act 1973, the right of action that a person has by virtue of this section is to be regarded as having accrued—
in a case where the works referred to in subsection (3) are carried out in the construction of the relevant building, when the construction is completed, and
in any other case, when the works are completed.
In subsection (2)(a) “construction product”—
in relation to a construction product requirement under construction products regulations, has the meaning specified in those regulations;
in relation to a construction product requirement under the 2011 Regulation, has the meaning specified in the 2011 Regulation;
in relation to a construction product requirement under the 2019 Regulations, has the meaning specified in the 2011 Regulation as it had effect immediately before IP completion day.
In subsection (2)(b) and (c) “construction product” has the meaning specified in the 2011 Regulation.
This section applies where Conditions A to D are met.
Condition A is that, at any time before the coming into force of this section—
a person fails to comply with a cladding product requirement in relation to a cladding product,
a person who markets or supplies a cladding product makes a misleading statement in relation to it, or
a person manufactures a cladding product that is inherently defective.
Condition B is that, after Condition A has been met, the cladding product is attached to, or included in, the external wall of a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
Condition C is that, when those works are completed—
in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
Condition D is that the facts referred to in subsection (2)(a), (b) or (c) were the cause, or one of the causes, of the building or dwelling being unfit for habitation.
The person referred to in subsection (2)(a), (b) or (c) is liable to pay damages to a person with a relevant interest in relation to the relevant building for personal injury, damage to property or economic loss suffered by that person as a result of the facts referred to in subsection (4)(a) or (b).
A term of an agreement which purports to exclude or restrict, or has the effect of excluding or restricting, any liability arising under this section is void.
For the purposes of section 10B(2) of the Limitation Act 1980 and section 18ZD(2) of the Prescription and Limitation (Scotland) Act 1973, the right of action that a person has by virtue of this section is to be regarded as having accrued—
in a case where the works referred to in subsection (3) are carried out in the construction of the relevant building, when the construction is completed, and
in any other case, when the works are completed.
Where an action is brought under this section in England and Wales that, but for section 10B(2) of the Limitation Act 1980, would have been barred by that Act, a court hearing the action must dismiss it in relation to any defendant if satisfied that it is necessary to do so to avoid a breach of that defendant’s Convention rights.
Where an action is brought under this section in Scotland that, but for section 18ZD(2) of the Prescription and Limitation (Scotland) Act 1973, would have been barred by that Act, a court hearing the action must dismiss it in relation to any defender if satisfied that it is necessary to do so to avoid a breach of that defender’s Convention rights.
In this section “cladding product requirement” means—
in relation to a time before IP completion day, a requirement relating to a cladding product under—
the 1991 Regulations, or
the 2011 Regulation as it had effect in EU law at that time, and
in relation to a time after IP completion day, a requirement relating to a cladding product under—
the 2011 Regulation, or
the 2019 Regulations.
In this section—
In the Limitation Act 1980, after section 10A insert—
The Prescription and Limitation (Scotland) Act 1973 is amended as follows.
After section 18ZC insert—
In section 7(2) (extinction of obligations by prescriptive periods of twenty years), at the end insert “or any obligation to pay damages arising from liability under section 148 or section 149 of the Building Safety Act 2022 (see section 18ZD of this Act).”
In section 19CA(1) (interruption of limitation period: arbitration), after “18ZC(2)” insert “, 18ZD(1) or (2)”.
In Schedule 1, in paragraph 2 (exceptions from the 5 year prescriptive period under section 6), after paragraph (ga) insert—
In this section and sections 153 to 155—
The Secretary of State may by regulations make provision for courts to make costs contribution orders on the application of the Secretary of State.
The regulations may only make provision for the making of costs contribution orders under this section in cases where—
Conditions A to D are met, and
any prescribed conditions are met.
Condition A is that a person (“the defaulter”) is convicted of an offence consisting of a failure to comply with a construction product requirement in relation to a construction product.
Condition B is that, after the failure to comply referred to in subsection (3), the construction product is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
Condition C is that, when those works are completed—
in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
Condition D is that the failure to comply referred to in subsection (3) was the cause, or one of the causes, of the building or dwelling being unfit for habitation.
A “costs contribution order” under this section is an order requiring the defaulter to pay an amount to a person with a prescribed interest in the building or any dwelling contained in the building.
Regulations under this section must provide for the amount to be paid to a person under a costs contribution order under this section to be such amount as the court making the order considers just and equitable in respect of the costs that the person has reasonably incurred, or in the view of the court is likely to reasonably incur, in respect of works to make the building or dwelling fit for habitation.
The regulations may make provision as to the matters which may or must be taken into account by a court in determining—
whether, against whom and in favour of whom to make a costs contribution order under this section;
the amount required to be paid by a person under a costs contribution order under this section.
The regulations may make provision in relation to—
enforcement of a costs contribution order under this section;
court powers to order the defaulter to pay—
any costs incurred by the Secretary of State under regulations under section 155 (assessments) in respect of the application, and
any costs incurred by the Secretary of State in making the application.
The regulations may make provision about how a costs contribution order under this section relates to other remedies, including in particular—
provision to secure that, taking a costs contribution order under this section together with other remedies—
a person does not incur liability more than once in respect of the same costs;
a person is not entitled to be reimbursed more than once for the same costs;
provision preventing a person to whom any amount is payable under a costs contribution order under this section from pursuing any other legal remedy for the recovery of such an amount.
In this section “prescribed” means prescribed by regulations under this section.
The Secretary of State may by regulations make provision for the Secretary of State to make costs contribution orders.
The regulations may only make provision for the making of costs contribution orders in cases where—
Conditions A to D are met, and
any prescribed conditions are met.
Condition A is that a person (“the defaulter”) is convicted of an offence consisting of a failure to comply with a construction product requirement in relation to a construction product.
Condition B is that, after the failure to comply referred to in subsection (3), the construction product is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
Condition C is that, when those works are completed—
in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
Condition D is that the failure to comply referred to in subsection (3) was the cause, or one of the causes, of the building or dwelling being unfit for habitation.
A “costs contribution order” under this section is an order requiring the defaulter to make a payment to a person with a prescribed interest in the building or any dwelling contained in the building.
Regulations under this section must provide for the amount to be paid to a person under a costs contribution order under this section to be such amount as the Secretary of State considers just and equitable in respect of the costs that the person has reasonably incurred, or in the view of the Secretary of State is likely to reasonably incur, in respect of works to make the building or dwelling fit for habitation.
The regulations may make provision as to the matters which may or must be taken into account by the Secretary of State in determining—
whether, against whom, and in favour of whom, to make a costs contribution order under this section;
the amount required to be paid by a person under a costs contribution order under this section.
The regulations may make provision for the Secretary of State to issue a warning notice to a person before determining whether to make a costs contribution order under this section against that person.
The regulations may make provision requiring that a costs contribution order under this section—
be made in a prescribed form;
contain prescribed information.
The regulations may make provision about service of a costs contribution order under this section including—
how an order is to be served;
when an order is to be taken as having been served;
the persons on whom an order must be served.
The regulations may make provision in relation to—
enforcement of a costs contribution order made under this section (including enforcement by the Secretary of State);
powers of the Secretary of State to order the defaulter to pay any costs incurred by the Secretary of State under section 155 in respect of a costs contribution order under this section.
The regulations may make provision about how a costs contribution order under this section relates to other remedies, including in particular—
provision to secure that, taking a costs contribution order under this section together with other remedies—
a person does not incur liability more than once in respect of the same costs;
a person is not entitled to be reimbursed more than once for the same costs;
provision preventing a person to whom any amount is payable under a costs contribution order under this section from pursuing any other legal remedy for the recovery of such an amount.
The regulations may make provision for persons to apply to the Secretary of State for a review of a costs contribution order under this section.
The regulations may make provision for appeals to a court or tribunal in relation to—
a decision of the Secretary of State to make or not make a costs contribution order under this section;
a refusal by the Secretary of State to review a costs contribution order under this section;
the outcome of a review by the Secretary of State of a costs contribution order under this section.
The regulations may in particular include provision suspending a requirement to pay an amount due under a costs contribution order under this section pending the determination or withdrawal of an appeal or the determination of a review.
In this section “prescribed” means prescribed by regulations under this section.
For the purposes of sections 153 and 154, the Secretary of State may by regulations make provision for the Secretary of State to appoint persons to assess—
whether the conditions for the imposition of a costs contribution order under either of those sections are met;
the works required to make a building or dwelling fit for habitation;
what interest a person has in a building or dwelling;
the costs that a person has reasonably incurred or is likely to reasonably incur in respect of works referred to in paragraph (b);
the amount that a person should be required to pay under a costs contribution order.
The regulations may include provision about the criteria to be met by a person before they may be appointed as an assessor.
The regulations may make provision about assessments, including provision—
conferring power on an assessor to require that persons provide such information as the assessor may reasonably require for the purposes of an assessment;
for the provision of information by an assessor to the Secretary of State (including any information provided under paragraph (a)).
Regulations under subsection (3)(a) may include provision for criminal offences relating to a failure to provide information, or to the provision of false or misleading information.
Regulations under subsection (3)(a) creating a criminal offence must have the effect that—
the offence is—
triable summarily only, or
triable summarily or on indictment,
the offence is punishable only—
with a fine, or
with a term of imprisonment or a fine (or both),
where the offence is triable summarily only, any fine with which the offence is punishable in Scotland or Northern Ireland does not exceed level 5 on the standard scale,
where the offence is triable summarily or on indictment, any fine with which the offence is punishable on summary conviction in Scotland or Northern Ireland does not exceed the statutory maximum, and
any term of imprisonment with which the offence is punishable on summary conviction does not exceed—
in England and Wales, the relevant period,
in Scotland, 12 months, and
in Northern Ireland, 6 months.
In subsection (5)(e)(i), “the relevant period” means—
in relation to an offence that is triable summarily only—
where the offence is committed before the coming into force of section 281 of the Criminal Justice Act 2003, 6 months, and
where the offence is committed after that time, 51 weeks;
in relation to an offence that is triable summarily or on indictment—
where the offence is committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, 6 months, and
where the offence is committed after that time, 12 months.
Regulations under subsection (3)(b) may make provision for the purpose of securing that there is (taking into account any power or duty to provide information under the regulations) no contravention of the data protection legislation.
In subsection (7), “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) is amended as follows.
In article 5 (duties under the Order), for “22”, in each place it occurs, substitute “22B”.
In article 9 (risk assessment)—
in paragraph (6) for the words from “record” to the end substitute “make a record of the assessment or review, which must in particular include the information prescribed by paragraph (7).”;
in paragraph (7)(a) omit “significant”.
After article 9 insert—
In article 11(2) (fire safety arrangements) omit the words from “where” to the end.
After article 21 insert—
In article 22 (co-operation and co-ordination)—
in the heading, at the end insert “between responsible persons”;
before paragraph (1) insert—;
in paragraph (1) before sub-paragraph (1)(a) insert—.
After article 22 insert—
In article 29(5) (alterations notices), omit paragraphs (b) and (c).
In article 32 (offences)—
in paragraph (1)(a) for “22” substitute “22B”;
in paragraph (4) omit “not exceeding level 3 on the standard scale”;
in paragraph (7) omit “not exceeding level 3 on the standard scale”.
In article 50 (guidance)—
in paragraph (1) for “22” substitute “22B”;
in paragraph (1A)—
for “22” substitute “22B”;
omit “in relation to a relevant building (or part of the building)”;
in sub-paragraph (a) omit “risk based”;
in sub-paragraph (b) omit “risk based”.
The Architects Act 1997 is amended as follows.
In section 3 (the register), after subsection (2) insert—
In section 9 (competence to practise)—
in subsection (1), in the words after paragraph (c), after “practical experience” insert “or undertaken such recent training”,
after subsection (1) insert—, and
after subsection (2) insert—
The Architects Act 1997 is amended as follows.
In section 1 (the Board)—
after subsection (2) insert—;
after subsection (4) insert—
In section 4 (registration: general)—
in subsection (4)(b) for “refer the application to the Board” substitute “refuse the application”;
in subsection (6)—
omit “(4) or”;
for the words from “direct” to the end substitute —
In section 6(4B) (notice of refusal of application) for the words from “in the case” to “section 4(2A)” substitute “of an application”.
In section 9 (competence to practise) after subsection (2) insert—
In Part 5 (general and supplementary) before section 22 insert—
In section 22 (appeals)—
in subsection (1)—
for paragraph (a) substitute—;
for paragraph (c) substitute—;
in subsection (2) omit “Subject to subsection (3),”;
omit subsection (3);
in the heading at the end insert “to the court”.
In section 24(2) (service of documents) for “or 15(3)” substitute “, 15(3) or 21A(4)”.
In Schedule 1 (the Board and its committees) after Part 2 insert—
In Part 4 of that Schedule (general provisions), after “Professional Conduct Committee”, in each place it occurs, insert “, the Appeals Committee”.
In the Architects Act 1997, after section 24 insert—
In Schedule 1 to that Act (the Board and its committees), in paragraph 18(2)(b) (functions of the Board which may not be discharged by a committee) for “4(1) or (2)” substitute “4(2)”.
In consequence of the amendment made by subsection (2), in section 11(5) of the Professional Qualifications Act 2022 for the words from “after” to the end substitute “for “4(2)” substitute “4(1A) or (2)”.”
Schedule 2 to the Housing Act 1996 is amended in accordance with subsections (2) and (3).
In paragraph 7 (determinations by housing ombudsman)—
after “approved scheme shall” insert “, in accordance with the scheme,”, and
for the words from “and not withdrawn” to “but withdrawn” substitute “under the scheme”.
Omit paragraphs 7A to 7C (complaints to a housing ombudsman to be referred by designated person and exceptions).
The amendments made by this section apply in relation to a complaint made to a housing ombudsman—
after the time this section comes into force, or
before the time this section comes into force, but only if a determination by a housing ombudsman is still pending in respect of the complaint at such time.
Where an offence under Part 2 or 4 committed by a body corporate— that person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
is attributable to any neglect on the part of any such person,
In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Subsection (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference—
in the case of a partnership, to a partner;
in the case of an unincorporated body other than a partnership—
where the body’s affairs are managed by its members, to a member of the body;
in any other case, to a member of the governing body.
Where— this section, so far as relating to Part 4, does not apply in relation to a director who is not entitled to remuneration from the relevant company.
a relevant company is an accountable person for a higher-risk building (within the meaning of Part 4), and
one or more (but not all) directors of the relevant company have been appointed for a building safety purpose and are entitled to remuneration from the company,
In subsection (4)—
The Secretary of State must appoint an independent person to carry out a review of—
the effectiveness of the regulator in—
exercising its building functions,
securing the safety of people in or about buildings in relation to risks arising from buildings, and
improving the standard of buildings,
the adequacy and effectiveness of—
provision made by or under Parts 2 and 4 of this Act, and
provision made by or under the Building Act 1984 (except section 105C) that applies in relation to England,
the effectiveness of the regulation of construction products in the United Kingdom,
such matters connected with any of the matters mentioned in paragraphs (a) to (c) as the person considers appropriate, and
any other matter specified in the appointment.
On completion of a review, the appointed person must make a written report to the Secretary of State—
setting out the result of the review, and
making such recommendations (if any) as the person considers appropriate.
The Secretary of State must publish a copy of the report.
The first appointment must be made within the period of 5 years beginning with the day on which this Act is passed.
Any other appointment must be made within the period of 5 years beginning with the day on which the most recent appointment was made.
In this section—
There is to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by the Secretary of State, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
The following provisions, and any provision made under them, bind the Crown—
Part 2;
Part 4 except sections 99, 100 and 103 (compliance notices);
sections 116 to 125 and Schedule 8 (remediation of certain defects);
sections 136 to 142 and Schedule 9 (new homes ombudsman scheme);
sections 144 and 145 (new build home warranties);
section 161.
No contravention by the Crown of a provision mentioned in subsection (1) makes the Crown criminally liable.
Subsection (2) does not affect the criminal liability of persons in the service of the Crown.
The following provisions do not apply in relation to the Parliamentary Estate—
sections 99, 100 and 103 (compliance notices under Part 4);
paragraphs 1 to 3 of Schedule 2 (powers of entry of authorised officers).
If the Palace of Westminster (or any part of it) is a higher-risk building within the meaning of Part 4, for the purposes of that Part the accountable persons for the building are the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons, acting jointly.
No contravention by a Corporate Officer of a provision made by or under Part 2 or 4 makes the Corporate Officer criminally liable.
Subsection (3) does not affect the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).
In subsection (3) “Corporate Officer” means—
the Corporate Officer of the House of Lords,
the Corporate Officer of the House of Commons, or
the Corporate Officers acting jointly.
In this section “Parliamentary Estate” means any building or other premises occupied for the purposes of either House of Parliament.
The Secretary of State may by regulations make provision that is consequential on this Act.
The regulations may amend, repeal or revoke provision made by or under—
an Act passed before this Act;
an Act passed later in the same session of Parliament as this Act.
Regulations under this section may not make provision that may be made under section 167.
The Welsh Ministers may by regulations make provision, in relation to Wales, that is consequential on Part 3 or section 156.
The regulations may amend, repeal or revoke provision made by or under—
an Act passed before this Act;
an Act passed later in the same session of Parliament as this Act;
an Act or Measure of Senedd Cymru passed before this Act.
The regulations may make—
transitional, transitory or saving provision;
different provision for different purposes.
The regulations are to be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act, or by an Act or Measure of Senedd Cymru, may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.
This section applies to regulations under any provision of this Act except—
section 138(7)(b) (new homes ombudsman scheme: meaning of “developer”),
section 167 (power of Welsh Ministers to make consequential provision),
section 170 (commencement and transitional provision), and
Schedule 11 (construction products regulations).
A power to make regulations includes power to make—
consequential, supplementary, incidental, transitional, transitory or saving provision;
different provision for different purposes or for different areas.
Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic.
A power to make regulations about the way in which anything is to be given to the regulator (as defined by section 2) includes power to provide that the thing is to be given in a way specified in a direction made and published by the regulator in accordance with the regulations.
Regulations are to be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision)— may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
regulations under section 12, 62, 65(5), 68, 71, 72, 74, 123, 126, 128, 129 or 140 or paragraph 6 of Schedule 3 or paragraph 2(12), 13(10) or 15(4) of Schedule 7 or paragraph 3(5), 12 or 15 of Schedule 8,
regulations made by virtue of section 65(3)(c),
regulations under section 89 (except regulations only making provision of a kind mentioned in section 89(2)),
regulations under section 90 (except regulations only making provision of a kind mentioned in section 90(3) or (4)),
regulations under section 92 (except regulations only making provision of a kind mentioned in section 92(3)),
regulations under sections 153 to 155, or
regulations under section 166 that amend or repeal provision made by an Act,
Any other statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
Subject as follows, this Act extends to England and Wales only.
The following provisions extend to England and Wales, Scotland and Northern Ireland—
Part 1;
paragraphs 87 and 88 of Schedule 5 (and section 55 so far as relating to those paragraphs);
sections 136 to 143 and Schedule 9 (new homes ombudsman scheme);
section 146 and Schedule 11 (construction products);
sections 152 to 155 (costs contribution orders);
section 157 to 159 (architects);
this Part except section 161, 164 and 167.
Section 2(2) and Schedule 1 (amendments of the Health and Safety at Work etc Act 1974) extend to England and Wales and Scotland.
The amendments made by Schedule 10 (amendments in connection with the new homes ombudsman scheme) have the same extent as the provision amended.
Sections 147 to 149 (liability relating to construction products) extend to England and Wales and Scotland.
Section 151 (liability relating to construction products: limitation in Scotland) extends to Scotland only.
The Secretary of State may by regulations—
provide for the provisions mentioned in subsection (5) to extend also to Northern Ireland, and
make provision (including provision amending this Act or any other enactment) in relation to the application of the provisions mentioned in subsection (5) in Northern Ireland.
The following provisions come into force on the day on which this Act is passed—
section 1;
section 2(1);
section 7;
section 28;
section 30;
sections 61 to 70;
section 115;
this Part except sections 161 and 164.
Parts 2 and 4, except the provisions mentioned in subsection (1), come into force—
for the purposes of making regulations, on the day on which this Act is passed;
for remaining purposes, on such day as the Secretary of State may by regulations appoint.
The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
sections 116 to 125 and Schedule 8;
section 134;
section 135;
section 146 and Schedule 11;
sections 147 to 155;
sections 157 to 159.
As regards Part 3 and section 156—
the following provisions come into force on such day as the Welsh Ministers may by regulations appoint—
section 31 so far as relating to section 120I of the Building Act 1984;
section 32(3) so far as relating to section 91ZD of that Act;
section 42 so far as relating to section 58Z2 and 58Z10 of that Act;
paragraph 56 of Schedule 5 (and section 55 so far as relating to that paragraph);
paragraph 77 of that Schedule so far as relating to section 120C of the Building Act 1984 (and section 55 so far as relating to that section);
the following provisions come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations appoint—
section 32 except subsection (3) of that section;
section 33 except so far as relating to paragraph 1D(3) of Schedule 1 to the Building Act 1984;
sections 34 to 41;
section 42 except so far as relating to section 58Z2, 58Z7 or 58Z10 of the Building Act 1984;
section 43 and Schedule 4;
sections 44 to 52;
section 53 except subsection (1) of that section;
section 55 and Schedule 5 except—
paragraphs 38 and 87 to 89 of that Schedule (and section 55 so far as relating to those paragraphs);
paragraph 77 of that Schedule so far as relating to section 120B of the Building Act 1984 (and section 55 so far as relating to that section);
section 56 and Schedule 6 except paragraphs 7 and 29 of that Schedule (and section 56 so far as relating to those paragraphs);
section 57;
section 156 except subsection (8) of that section so far as relating to Article 22B of the Regulatory Reform (Fire Safety) Order 2005;
subject to that, Part 3 and section 156 come into force on such day as the Secretary of State may by regulations appoint.
The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
Regulations under subsection (4)(a) or (b) may make transitional or saving provision.
The powers to make regulations under this section include power to make different provision for different purposes or for different areas.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Building Safety Act 2022.