UKPGA-2022-30 Building Safety Act 2022 UK

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—

Part 4 is about occupied higher-risk buildings in England, and imposes duties on accountable persons.

Part 5 contains further provisions, including—

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—

In exercising a building function (other than an excepted function), the regulator must have regard to the following principles—

The duty in subsection (2) is subject to any other requirement affecting the exercise of the function.

In subsection (2) “excepted function” means—

In this Part “building function” means—

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—

In subsections (1) and (2)—“building safety risk” has the meaning given by section 62;“disabled”: see section 30;“higher-risk building” means—a higher-risk building within the meaning of Part 4 (see section 65), or a higher-risk building within the meaning of the Building Act 1984.

Parts 3 and 4 confer further functions on the regulator in relation to higher-risk 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).

For the meaning of “the built environment industry” and “registered building inspector” see section 30.

This section applies to regulations under—

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 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—

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—

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—

The regulator must take all reasonable steps to ensure that the committee includes—

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—

If the committee has not been established at a time when the regulator has prepared guidance to which subsection (5) applies—

See also—

In this section—“higher-risk building” has the same meaning as in Part 4 (see section 65);“relevant person” means—an owner of a residential unit in a higher-risk building, a body that represents, supports or promotes—the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or the interests of any description of persons that includes a description of such residents or owners, or a member of a body within paragraph (b).

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—

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—

A direction may be given only with the consent of the Secretary of State.

Before giving a direction, the regulator must—

A request under subsection (6)(a) must—

In this section— “relevant authority” means a local authority or fire and rescue authority; “relevant function” means— a function of the regulator relating to— the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or higher-risk building work (as defined by section 91ZA of the Building Act 1984), or in the case of a local authority, a function of the regulator relating to the regulation of any work for which the regulator is the building control authority by virtue of section 91ZB of the Building Act 1984.

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—

In this section— “FSO authorised person” means a person authorised as mentioned in article 25(1)(e) of the Regulatory Reform (Fire Safety) Order 2005; “relevant function” means a function of the regulator relating to— the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or higher-risk building work (as defined by section 91ZA of the Building Act 1984).

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—

In this section— “direction” means a direction given under section 13; “FSO authorised person” has the meaning given by section 14; “relevant authority” has the meaning given by section 13; “relevant function” has the meaning given by section 13; “request” means a request made under section 13 or 14.

The regulator may issue guidance to—

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— “FSO authorised person” has the meaning given by section 14; “relevant authority” has the meaning given by section 13.

The regulator must—

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 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—

If the committee mentioned in section 11 has not been established at the time the first plan is prepared—

Any other plan—

This section supplements section 17.

The regulator may at any time in the period to which a plan relates—

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—

Section 17(3) to (6) apply in relation to a revised plan.

If approved, the revised plan replaces the current plan.

In this section—“current plan” means the first plan mentioned in subsection (2) or (3) (as the case may be);“plan” means a strategic plan as defined by section 17.

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—

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—

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—“annual report” means the report made under paragraph 12 of Schedule 1 to the Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026;“higher-risk building” means—a higher-risk building within the meaning of Part 4, or a higher-risk building within the meaning of the Building Act 1984.

Before the end of the period of three years beginning when this section comes into force, the regulator must—

Before the end of that period, the regulator must—

The Secretary of State must publish any report received under subsection (2).

In this section “cost-benefit analysis” means—

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.

In this section—“electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer’s side of the electricity supply meter;“relevant building” means a residential building or any other kind of building that the regulator considers appropriate.

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—

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— “authorised officer” means a person in respect of whom an authorisation under this section is in force; “relevant building function” means any function of the regulator under, or under an instrument made under— Part 4 of this Act (higher-risk buildings), or the Building Act 1984; “specified” means specified in the authorisation.

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— “authorised officer” means a person in respect of whom an authorisation under section 22 is in force; “relevant building function” has the meaning given by that 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 this section— “building enactment” means any provision of, or of an instrument made under— Part 2 or 4 of this Act, or the Building Act 1984; “enforcement action” means action taken with a view to, or in connection with— securing compliance with a building enactment or a requirement imposed by virtue of such an enactment, or the imposition of a sanction in respect of a contravention of any such enactment or requirement.

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

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—

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 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—

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—

Schedule 3—

Except as provided by subsection (3), the disclosure of information under Schedule 3 does not breach—

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.

The regulations may—

The regulations may in particular—

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 —

The regulator may—

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—

The document may—

For the purposes of this section, the “proper address” of a person (except an authorised officer of the regulator) is—

For the purposes of this section, the “proper address” of an authorised officer of the regulator is—

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.

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— “accountable person” has the same meaning as in Part 4 (see section 72); “agreed” means agreed in writing; “authorised officer” means a person in respect of whom an authorisation under section 22 is in force; “giving”: references to giving include similar expressions (such as serving); “specified” means specified in writing.

In this Part— “building” (except in section 28(6)) means any permanent or temporary building in England except a building of a prescribed description; “building function” has the meaning given by section 3; “the built environment industry” means— persons carrying on, for business purposes, activities connected with the design, construction, management or maintenance of buildings, and employees of such persons; and references to a person “in” the industry are to any such person or employee; “contravention” includes a failure to comply; “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); “disabled”: a person is disabled if the person has a physical or mental impairment which has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities; “financial year” means a year ending with 31 March; “fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in England; “local authority” means— a district council or relevant unitary authority, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, or the Council of the Isles of Scilly; “maximum summary term for either-way offences”, with reference to imprisonment for an offence, means— if the offence is committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months; if the offence is committed after that time, 12 months; “owner” has the meaning given by section 115; “personal data” has the same meaning as in the Data Protection Act 2018; “prescribed” means prescribed by regulations made by the Secretary of State; “registered building inspector” has the meaning given by section 58A of the Building Act 1984; “the regulator” has the meaning given by section 2; “resident” and “resident of a higher-risk building” have the same meaning as in Part 4 (see section 71(3) and (4)(c)); “residential unit” means— a dwelling, or any other unit of living accommodation; “standard”: any reference to the standard of a building is to its standard from a technical perspective.

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—

The Building Act 1984 is amended as follows.

In section 91—

After that section insert—

After section 121 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)—

After section 53 insert—

In section 54(4)—

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—

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 this section “combined instrument” means an instrument containing (whether alone or with other provision)—

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.

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 section 117 (expenses)—

In section 118 (variation or revocation of transfer order)—

In section 47 of the Building Act 1984 (giving and acceptance of initial notice), in subsection (1)(a)—

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)—

In section 55 of the Building Act 1984 (appeals), after subsection (2) insert—

The Building Act 1984 is amended as follows.

In section 47 (giving and acceptance of initial notice)—

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)—

In paragraph 2 of Schedule 4 (public body’s plans certificates)—

Section 52 of the Building Act 1984 (cancellation of initial notice) is amended in accordance with this section.

In subsection (1)—

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 section 55 of the Building Act 1984 (appeals)—

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)—

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)—

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—

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—

Before making regulations under subsection (1)(c), the Secretary of State must consult—

But the regulator need not be consulted if—

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—

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—

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—

In this Part “major incident” means an incident resulting in—

In this Part “higher-risk building” means a building in England that—

The Secretary of State may by regulations make provision supplementing this section.

The regulations may in particular—

Regulations made by virtue of subsection (3)(a) may in particular define “building” so as to provide that it includes—

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—

But the regulator need not be consulted if—

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—

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 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—

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—

The regulator must—

Subsection (4) applies if—

The Secretary of State must publish a document setting out—

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 regulator must—

Where the regulator— it must make a recommendation to the Secretary of State to that effect.

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—

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—

See—

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 (“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—

Subsection (4) applies where—

For the purposes of this section and section 73—

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— “common parts”, in relation to a building, means— the structure and exterior of the building, except so far as included in a demise of a single dwelling or of premises to be occupied for the purposes of a business, or any part of the building provided for the use, benefit and enjoyment of the residents of more than one residential unit (whether alone or with other persons); “commonhold association” and “commonhold land” have the same meaning as in Part 1 of the Commonhold and Leasehold Reform Act 2002 (see sections 34 and 1 respectively); “long lease”: for the meaning of “long lease” see section 115; “possession”: a reference to “possession” does not include the receipt of rents and profits or the right to receive the same; “relevant repairing obligation”: a person is under a relevant repairing obligation in relation to anything if the person is required, under a lease or by virtue of an enactment, to repair or maintain that thing; “RTM company” has the same meaning as in Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage).

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—

For the purposes of this section—

Subsection (1)(b) is subject to section 75(2) (powers of tribunal where more than one accountable person is within subsection (1)(b)).

An interested person may apply to the tribunal for a determination, as regards a higher-risk building, of any of the following—

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—

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—

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—

In this section— “completion certificate” means a certificate of a prescribed description that is issued under regulations made under section 1(1) of the Building Act 1984 (building regulations); “occupied”: a residential unit is occupied if there is a resident of it; “relevant accountable person”, in relation to a residential unit, means the accountable person who is responsible for a relevant part of the building; “relevant part” of a building, in relation to a residential unit, means a part of the building containing the residential unit; “relevant residential unit” means— in the case of works within subsection (1)(a), any residential unit in the building; in the case of works within subsection (1)(b), any additional residential unit; in the case of works within subsection (1)(c), any residential unit in the building except one that existed before the works began.

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.

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 Secretary of State may by regulations make provision about the register, including in particular provision about—

The Secretary of State may by regulations make provision in relation to applications under this section, including in particular provision about—

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.

In this section “building assessment certificate” means a certificate issued under section 81.

An application under section 79 must be accompanied by—

The Secretary of State may by regulations make further provision about applications under section 79, including in particular provision about—

In this section— “mandatory occurrence reporting system” has the same meaning as in section 87; “residents’ engagement strategy” has the same meaning as in section 91; “safety case report” has the same meaning as in section 85.

This section applies where—

The regulator must assess whether the relevant duties are being complied with (and may inspect the building in connection with that assessment).

The regulator—

If the regulator considers that a contravention of a relevant duty can be remedied promptly—

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—

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 principal accountable person for an occupied higher-risk building must ensure that the following are displayed together, in a conspicuous position in the building—

Where a special measures order is in force in relation to an occupied higher-risk 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.

In this section— “building assessment certificate” has the same meaning as in section 81; “relevant compliance notice”: a compliance notice is “relevant” if— it has been given to an accountable person for the building, if it was not given to the principal accountable person for the building, the regulator has given a copy of it to the principal accountable person, and the regulator has not notified the principal accountable person that the notice has been withdrawn.

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—

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—

An accountable person for an occupied higher-risk building must take all reasonable steps for the following purposes—

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—

The principal accountable person must revise a safety case report if they consider it necessary or appropriate to do so following—

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 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—

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—

An accountable person for a higher-risk building must—

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 regulations may in particular make provision about—

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—

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—

The information and documents must be given—

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—

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.

The principal accountable person for an occupied higher-risk building must—

“Building safety decision” means a decision by an accountable person for the building that—

The strategy must include information about—

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—

The duty under subsection (4)(a) does not apply in relation to a resident if the accountable person—

The Secretary of State may by regulations—

In this section— “relevant persons” are— residents of the higher-risk building who are aged 16 or over, and owners of residential units in the building; “the relevant time” has the meaning given by section 85.

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.

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 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—

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—

In this section— “relevant complaint” means a complaint relating to— a building safety risk as regards the building, or the performance by an accountable person for the building of any duty under, or under regulations made under, this Part; “the relevant time” has the meaning given by section 85.

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)—

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—

In this section “relevant complaint” means a complaint relating to—

This section applies to—

A person to whom this section applies—

For the purposes of subsection (2)(b) a person “interferes” with a relevant safety item if they, without reasonable excuse—

In this section— “appropriate accountable person” means the accountable person for the building who is responsible for the part of the building comprising the residential unit; “relevant safety item” means— anything that— is in, or forms part of, the common parts (as defined by section 72), and is intended to improve the safety of people in or about the building in relation to a building safety risk, or any other prescribed thing.

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—

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—

The Secretary of State may by regulations make provision about contravention notices, including—

The county court may, on an application made by the appropriate accountable person, make an order under this section if satisfied that—

An order under this section may— “Specified” here means specified in the order.

A sum specified in an order under subsection (8)(c) may not exceed the sum specified in the contravention notice.

In this section— “appropriate accountable person” has the same meaning as in section 95; “relevant person” means a person who is subject to the duties under section 95 (see subsection (1) of that section).

This section applies where —

A request is within this subsection if it—

The accountable person may apply to the county court for an order—

The county court—

In this section— “relevant person” in relation to relevant premises means— a resident of those premises who is aged 16 or over; where those premises are controlled but not occupied, a person controlling those premises; in any other case, an owner of those premises; “relevant premises” means any premises in the part of the building for which the accountable person is responsible that are occupied or controlled by— a resident of a residential unit in the building, or an owner of a residential unit in the building.

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

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.

In this section— “relevant requirement” means any requirement on an accountable person under, or under regulations made under, this Part except one that is prescribed for the purposes of this section; “specified” means specified in the notice.

The Secretary of State may by regulations make further provision about compliance notices.

The regulations may in particular make provision about—

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—

An accountable person for a higher-risk building commits an offence if—

In subsection (1)— “critical risk” means a significant risk of death or serious injury arising from a building safety risk; “relevant requirement” means any requirement on an accountable person under, or under regulations made under, this Part except one that is prescribed for the purposes of this section.

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.

A person to whom a compliance notice has been given may appeal to the tribunal.

An appeal may be on the grounds—

Where an appeal under subsection (1) is made and the compliance notice is not an urgent action notice—

Where an appeal under subsection (1) is made and the compliance notice is an urgent action notice—

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—

An affected person may appeal the decision.

An appeal may be on the grounds—

In this section “an affected person” means—

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—

The tribunal may confirm, vary or quash the decision of the regulator.

The Secretary of State may, by regulations—

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 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)—

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—

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—

Subsection (2) has effect—

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; “resident management company” has the meaning given by regulations made by the Secretary of State.

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”)—

In section 32(1) (business tenancies), after the entry relating to section 17 insert—

In section 172(1)(a) of the Commonhold and Leasehold Reform Act 2002 (application to Crown)—

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 section 26 (use and maintenance)—

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— .

Sections 117 to 124 and Schedule 8 make provision in connection with the remediation of relevant defects in relevant buildings.

In those sections—

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).

“Relevant building” does not include a self-contained building or self-contained part of a building—

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—

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—

In subsection (2) “ground level”, in relation to a building, means—

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—

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”.

A connected replacement lease (see section 119A) is also a “qualifying lease”.

For the purposes of this section—

For the purposes of section 119 (and this section) a lease (the “new lease”) is a “connected replacement lease” if—

For the purposes of subsection (1)(d), the new lease replaces another lease if—

For the purposes of subsection (2)(a), the circumstances in which the new lease is granted in substitution of another lease include circumstances where—

For the purposes of subsection (1)(e) there is continuity in the property let if—

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—

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 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—“already let property”, in relation to a new lease, means the property let by the lease or leases which the new lease replaces;“chain of qualifying leases” means—an initial qualifying lease which is the preceding qualifying lease in relation to a connected replacement lease (the “first replacement lease”), the first replacement lease, and any other connected replacement lease if the preceding qualifying lease in relation to it is—the first replacement lease, or any other connected replacement lease which is in the chain of qualifying leases; and a chain of qualifying leases may accordingly consist of different leases at different times (if further connected replacement leases are granted);“current connected replacement lease”, in relation to a particular time, means a connected replacement lease during the term of which that time falls;“initial qualifying lease” means a lease which is a qualifying lease under section 119(2);“new lease” has the meaning given in subsection (1);“newly let property” means the property let by the new lease;“preceding qualifying lease”, in relation to the new lease, means—in a case within subsection (1)(d)(i), the lease which the new lease replaces; in a case within subsection (1)(d)(ii), a lease which—the new lease replaces, and is a qualifying lease.

The definitions in section 119(4) also apply for the purposes of this section.

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—

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.

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.

“Relevant steps”, in relation to a relevant defect, means steps which have as their purpose—

For the purposes of this section—“building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from—the spread of fire, or the collapse of the building or any part of it;“conversion” means the conversion of the building for use (wholly or partly) for residential purposes;“relevant landlord or management company” means a landlord under a lease of the building or any part of it or any person who is party to such a lease otherwise than as landlord or tenant.

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.

A body corporate (X) controls a company (Y) if X possesses or is entitled to acquire—

A body corporate (X) controls a limited liability partnership (Y) if X—

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—

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).

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.

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—

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—

In this section—“relevant building”: see section 117;“relevant defect”: see section 120;“relevant steps”: see section 120;“specified” means specified in the order.

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—

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.

The following descriptions of costs, among others, fall within subsection (2)—

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).

A body corporate or partnership may be specified as a person required to make payments only if it is—

An order may—

In this section—“associated”: see section 121;“developer”, in relation to a relevant building, means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;“expert report” has the meaning given by section 123(9);“interested person”, in relation to a relevant building, means—the Secretary of State, 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 regulations made by the Secretary of State;“partnership” has the meaning given by section 121;“relevant building”: see section 117;“relevant defect”: see section 120;“relevant steps”: see section 120;“specified” means specified in the order.“temporary accommodation costs”, in relation to a decant from a relevant building, means—the costs of the temporary accommodation, and other costs resulting from the decant, including removal costs, storage costs and reasonable travel costs;“works” means works—to remedy a relevant defect in a relevant building, or in connection with the taking of relevant steps in relation to such a defect.

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

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

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

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

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

The information is as follows—

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

In this section “insolvency practitioner” means—

In this section—“fire and rescue authority” has the meaning given by section 30;“higher-risk building” has the same meaning as in Part 4 (see section 65);“local authority” has the meaning given by section 30;“register of title” means the register kept under section 1 of the Land Registration Act 2002;“the regulator” has the meaning given by section 2;“relevant building” has the meaning given by section 117;“title plan” means a plan based on the Ordnance Survey map and referred to in the register of title.

The Secretary of State may by regulations—

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.

Regulations that establish a scheme must prescribe—and may provide for different categories of membership.

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 descriptions of persons prescribed by virtue of subsection (4)(c) may in particular be prescribed by reference to—

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—

Regulations may provide for the charging of fees, in connection with—

Regulations may provide for membership conditions to be framed by reference to—

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—“building” means a building in England;“building industry”: a reference to persons in the building industry is to persons carrying on, for business purposes, activities connected with the design, construction, management or maintenance of buildings, including persons carrying out activities in relation to construction products in England;“construction product” has the meaning given by regulations;“persons carrying out activities in relation to construction products” include (without limitation)—a manufacturer of construction products, a person who markets or supplies construction products to others, and a person who imports construction products into the United Kingdom for use, marketing or supply;“prescribed” means prescribed by the regulations;“regulations” means regulations under section 126;“scheme” means a scheme established under section 126;“standard” (except in subsection (4) of this section) is to be read in accordance with section 30.

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—

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.

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 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—

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.

A “building control prohibition”, in relation to a person, prohibits—

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—“building” and “building control approval”, and references to the deposit and passing of plans, are to be read in accordance with Part 1 of the Building Act 1984;“initial notice”, “final certificate”, “public body’s notice”, “public body’s plans certificate” and “public body’s final certificate” have the same meaning as in Part 2 of that Act;“prescribed” means prescribed by regulations under this section;“standard” is to be read in accordance with section 30.

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—

In this section “relevant liability” means a liability (whether arising before or after commencement) that is incurred—

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—

In this section—“associate”: see section 131;“building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from the spread of fire or structural failure;“commencement” means the time this section comes into force;“the relevant period” means the period—beginning with the beginning of the carrying out of the works in relation to which the relevant liability was incurred, and ending with the making of the order;“specified” means specified in the building liability order.

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.

A body corporate (X) controls a company (Y) if X possesses or is entitled to acquire—

A body corporate (X) controls a limited liability partnership (Y) if X—

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—

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—

In this section—“associate”: section 131 applies for the purposes of this section as it applies for the purposes of section 130;“building liability order”: see section 130;“prescribed” means prescribed by regulations made by the Secretary of State;“specified” means specified in the information order.

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.

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—“Convention rights” has the same meaning as in the Human Rights Act 1998;“the initial period” means the period of one year beginning with the day on which this section comes into force.

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—

The Secretary of State may—

Before making arrangements under subsection (1), the Secretary of State must consult—

In this section, “the relevant Northern Ireland department” means—

The conditions referred to in section 136(1) are that—

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—

A person meets the occupation condition if the person—

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—

“Relevant interest” means—

A “developer” is a person—

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—

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)).

Regulations under section 138(7)(b)—