Building Safety Act 2022
Building Safety Act 2022 (2022 c. 30)
- Building Safety Act 2022 (2022 c. 30)
- Part 1 Introduction
- 1 Overview of Act
- Part 2 The regulator and its functions
- The regulator and its general functions
- 2 The building safety regulator
- 3 The regulator: objectives and regulatory principles
- 4 Duty to facilitate building safety: higher-risk buildings
- 5 Duty to keep safety and standard of buildings under review
- 6 Facilitating improvement in competence of industry and building inspectors
- 7 Proposals and consultation relating to regulations
- 8 Duty to establish system for giving of building safety information
- Committees
- 9 Building Advisory Committee
- 10 Committee on industry competence
- 11 Residents’ panel
- 12 Committees: power to amend or repeal
- Staffing etc
- 13 Local authorities and fire and rescue authorities: assistance etc to regulator
- 14 FSO authorised persons: assistance etc to regulator
- 15 Provision of assistance etc: supplementary
- 16 Guidance about the provision of assistance
- Plans and reports
- 17 Strategic plan
- 18 Revised strategic plans
- 19 Annual report about information provided under mandatory reporting requirements
- 20 Statement of regulator’s engagement with residents etc
- 21 Report on certain safety-related matters
- Enforcement
- 22 Authorised officers
- 23 Authorised officers: offences
- 24 Provision of false or misleading information to regulator
- Reviews and appeals
- 25 Review by regulator of certain decisions made by it
- 26 Right of appeal: requirement for review before appeal
- Supplementary and general
- 27 Cooperation and information sharing
- 28 Fees and charges
- 29 Service of documents
- 30 Interpretation of Part 2
- Part 3 Building Act 1984
- Building control authorities and building regulations
- 31 Higher-risk buildings etc
- 32 Building control authorities
- 33 Building regulations
- 34 Dutyholders and general duties
- 35 Industry competence
- 36 Lapse of building control approval etc
- 37 Determination of certain applications by Secretary of State or Welsh Ministers
- 38 Compliance and stop notices
- 39 Breach of building regulations
- 40 Liability of officers of body corporate etc
- 41 Revocation etc of certain provision made under section 2(2) of ECA 1972
- Building control approvers and building inspectors
- 42 Regulation of building control profession
- 43 Transfer of approved inspectors’ functions to registered building control approvers
- 44 Functions exercisable only through, or with advice of, registered building inspectors
- 45 Default powers of appropriate national authority
- 46 Higher-risk building work: registered building control approvers
- 47 Higher-risk building work: public bodies
- 48 Insurance: removal of requirements
- 49 Plans certificates
- 50 Cancellation of initial notice
- 51 New initial notices
- 52 Information gathering
- 53 Information
- Miscellaneous and general
- 54 Functions under Part 3 of Building Act 1984
- 55 Minor and consequential amendments
- 56 Appeals
- 57 Fees and charges
- 58 Levy on applications for building control approval etc
- 59 Crown application
- 60 Application to Parliament
- Part 4 Higher-risk buildings
- Introduction
- 61 Overview of Part
- Meaning of “building safety risk”
- 62 Meaning of “building safety risk”
- 63 Recommendations about regulations under section 62
- 64 Advice about regulations under section 62
- Meaning of “higher-risk building”
- 65 Meaning of “higher-risk building” etc
- 66 Regulations under section 65: procedure
- 67 Regulations under section 65: additional procedure in certain cases
- 68 Modification of Part in relation to certain kinds of higher-risk building
- 69 Recommendations about definition of “higher-risk building” etc
- 70 Advice about definition of “higher-risk building” etc
- Meaning of “accountable person” and other key definitions
- 71 Meaning of “occupied” higher-risk building etc
- 72 Meaning of “accountable person”
- 73 Meaning of “principal accountable person”
- 74 Part of building for which an accountable person is responsible
- 75 Determinations by the tribunal
- Registration and certificates
- 76 Requirement for completion certificate before occupation
- 77 Occupation: registration requirement
- 78 Registration of higher-risk buildings
- 79 Occupied building: duty to apply for building assessment certificate
- 80 Applications for building assessment certificates
- 81 Building assessment certificates
- 82 Duty to display building assessment certificate etc
- Duties relating to building safety risks
- 83 Assessment of building safety risks
- 84 Management of building safety risks
- 85 Safety case report
- 86 Notification and provision of report to the regulator
- Duties relating to information and documents
- 87 Mandatory reporting requirements
- 88 Keeping information about higher-risk buildings
- 89 Provision of information etc to the regulator, residents and other persons
- 90 Provision of information etc on change in accountable person
- Engagement with residents etc
- 91 Residents’ engagement strategy
- 92 Requests for further information
- 93 Complaints procedure operated by principal accountable person
- 94 Complaints procedure operated by the regulator
- Residents' etc duties
- 95 Duties on residents and owners
- 96 Contravention notices
- 97 Access to premises
- Enforcement
- 98 Duty on regulator to enforce Part
- 99 Compliance notices
- 100 Compliance notices: supplementary
- 101 Offence: contravention giving rise to risk of death and serious injury
- Special measures
- 102 Special measures
- Appeals etc
- 103 Appeals against compliance notice etc
- 104 Appeals against decisions of the regulator made under this Part
- 105 Appeals against decisions of the regulator made under regulations
- 106 Appeals: supplementary
- 107 Enforcement of decisions of the First-tier and Upper Tribunal
- Miscellaneous and general
- 108 Guidance
- 109 Cooperation and coordination
- 110 Managers appointed under Part 2 of the Landlord and Tenant Act 1987
- 111 Building safety directors of resident management companies
- Landlord and tenant etc
- 112 Implied terms in leases and recovery of safety related costs
- 113 Provision of building safety information
- 114 Commonholds
- Interpretation
- 115 Interpretation of Part 4
- Part 5 Other provision about safety, standards etc
- Remediation of certain defects
- 116 Remediation of certain defects
- 117 Meaning of “relevant building”
- 118 Section 117: height of buildings and number of storeys
- 119 Meaning of “qualifying lease” and “the qualifying time”
- 119A Meaning of “connected replacement lease”
- 120 Meaning of “relevant defect” and “relevant steps”
- 121 Associated persons
- 122 Remediation costs under qualifying leases etc
- 123 Remediation orders
- 124 Remediation contribution orders
- 125 Meeting remediation costs of insolvent landlord
- Insolvency of certain persons with an interest in higher-risk and relevant buildings
- 125A Notifications by insolvency practitioners
- Building industry schemes
- 126 Building industry schemes
- 127 Building industry schemes: supplementary
- Prohibitions on development and building control
- 128 Prohibition on development for prescribed persons
- 129 Building control prohibitions
- Building liability orders
- 130 Building liability orders
- 131 Building liability orders: associates
- 132 Order for information in connection with building liability order
- Remediation and redress: other provisions
- 133 Service charges in respect of remediation works
- 134 Duties relating to work to dwellings etc
- 135 Limitation periods
- New homes ombudsman scheme
- 136 Establishment of the new homes ombudsman scheme
- 137 The new homes ombudsman scheme
- 138 “Relevant owner”, “new build home” and “developer”
- 139 Regulations under section 138
- 140 Power to require persons to join scheme and to provide information
- 141 Register of members
- 142 Developers’ code of practice
- 143 Amendment of the Government of Wales Act 2006
- New build home warranties
- 144 New build home warranties
- 145 New build home warranties: financial penalties
- Construction products
- 146 Construction products
- Liability relating to construction products
- 147 Liability relating to construction products: general definitions
- 148 Liability relating to construction products
- 149 Liability for past defaults relating to cladding products
- 150 Liability relating to construction products: limitation in England and Wales
- 151 Liability relating to construction products: limitation in Scotland
- Construction products: costs contribution orders
- 152 Costs contribution orders: general definitions
- 153 Costs contribution orders made by courts
- 154 Costs contribution orders made by the Secretary of State
- 155 Costs contribution orders: assessments
- Fire safety
- 156 Amendment of Regulatory Reform (Fire Safety) Order 2005
- Architects
- 157 Architects: discipline and continuing professional development
- 158 Architects: Appeals Committee
- 159 Architects Registration Board: fees and discharge of functions by a committee
- Housing complaints
- 160 Housing complaints made to a housing ombudsman
- Part 6 General
- 161 Liability of officers of body corporate etc
- 162 Review of regulatory regime
- 163 Financial provisions
- 164 Crown application
- 165 Application to Parliament
- 166 Power of Secretary of State to make consequential provision
- 167 Power of Welsh Ministers to make consequential provision
- 168 Regulations
- 169 Extent
- 170 Commencement and transitional provision
- 171 Short title
- Schedules
- Schedule 1 Amendments of the Health and Safety at Work etc Act 1974
- Schedule 2 Authorised officers: investigatory powers
- Entry to non-domestic premises without warrant
- Entry to non-domestic premises with warrant
- Entry to domestic premises (with warrant)
- Power to require information, documents etc
- Retention of evidence etc
- Offence of failing to provide information, documents etc
- Interpretation
- Saving for material subject to legal professional privilege
- Schedule 3 Cooperation and information sharing
- Interpretation
- Local authorities, fire and rescue authorities etc
- Ombudsmen
- Secretary of State
- Police
- Public authorities
- Schedule 4 Transfer of approved inspectors’ functions to registered building control approvers
- Schedule 5 Minor and consequential amendments in connection with Part 3
- Part 1 Amendments of the Building Act 1984
- Part 2 Other amendments
- Parliamentary Commissioner Act 1967 (c. 13)
- Freedom of Information Act 2000 (c. 36)
- Sustainable and Secure Buildings Act 2004 (c. 22)
- The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)
- Schedule 6 Appeals and other determinations
- Introduction
- Transfer from Secretary of State to the regulator
- Transfer from magistrates’ court to the tribunal: England
- Enforcement
- Appeal: local authority decision not to consider application etc
- Schedule 7 Special measures
- Introductory
- Notification by regulator before applying for special measures order
- Meaning of “financial management proposal”
- Special measures order
- Special measures order: supplementary
- Payments received by special measures manager to be held on trust
- Effect of special measures order on relevant contracts and legal proceedings
- Special measures orders and orders under section 24 of the Landlord and Tenant Act 1987
- Provision of financial assistance by regulator
- Special measures order: further directions
- Regulator to keep certain matters under review
- Notification by regulator before applying to vary special measures order
- Variation or discharge of special measures order
- Notifications about special measures order
- Special measures order: change in accountable person etc
- Interpretation
- Schedule 8 Remediation costs under qualifying leases etc
- Interpretation
- No service charge payable for defect for which landlord or associate responsible
- No service charge payable if landlord meets contribution condition
- No service charge payable where lease below certain value
- Limit on service charge in other cases
- Paragraph 5: the permitted maximum
- Annual limit on service charges
- No service charge payable for cladding remediation
- No service charge payable for legal or professional services relating to liability for relevant defects
- Paragraphs 2 to 4, 8 and 9: supplementary
- No increase in service charge for other tenants
- Recovery of service charge amounts from landlords
- Presumption: qualifying lease
- Presumptions relating to landlord under qualifying lease
- Information from tenants
- Information from landlords
- Anti-avoidance
- Schedule 9 The new homes ombudsman scheme
- Appointment of the new homes ombudsman
- Membership
- Fees
- Complaints under the scheme: subject matter and procedure
- Complaints under the scheme: investigation and determination
- Enforcement of determinations
- Making of recommendations
- Predecessor schemes
- Complaints about the scheme
- Co-operation
- Provision of information
- Reports
- Schedule 10 Amendments in connection with the new homes ombudsman scheme
- Schedule 11 Construction products regulations
- Introductory
- General safety requirements
- Construction products with designated standards or technical assessments
- Safety-critical products
- Enforcement
- Costs
- Information
- General and supplementary
- Procedure
- Interpretation
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