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Building Safety Act 2022

Building Safety Act 2022

2022 Chapter 30

An Act to make provision about the safety of people in or about buildings and the standard of buildings, to amend the Architects Act 1997, and to amend provision about complaints made to a housing ombudsman.

Enacted [28th April 2022]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Introduction

I981 Overview of Act

1 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.
2 Part 2 contains provision about the building safety regulator and its functions in relation to buildings in England.
3 Part 3 amends the Building Act 1984.
4 Amendments made by Part 3
a provide that the regulator is the building control authority in relation to higher-risk buildings in England, and
b require the regulator (for England) and the Welsh Ministers (for Wales) to establish and maintain registers of building control approvers and building inspectors.
5 Part 4 is about occupied higher-risk buildings in England, and imposes duties on accountable persons.
6 Part 5 contains further provisions, including—
a provisions about remediation and redress;
b provision requiring a new homes ombudsman scheme to be established;
c powers to make provision about construction products;
d further provision about fire safety;
e provision about the regulation of architects;
f provision about housing complaints.
7 Part 6 contains general provisions.

Part 2 The regulator and its functions

The regulator and its general functions

I651I6892 The building safety regulator

I6511 In this Part “the regulator” means the Building Safety Regulator.
I689I2122 Schedule 1 contains amendments of provisions of the Health and Safety at Work etc Act 1974 F33....

I23I543 The regulator: objectives and regulatory principles

1 The regulator must exercise its building functions with a view to—
a securing the safety of people in or about buildings in relation to risks arising from buildings, and
b improving the standard of buildings.
2 In exercising a building function (other than an excepted function), the regulator must have regard to the following principles—
a regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and
b regulatory activities should be targeted only at cases in which action is needed.
3 The duty in subsection (2) is subject to any other requirement affecting the exercise of the function.
4 In subsection (2) “excepted function” means—
a a function under any of sections 4 to 6, F35...
F35b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In this Part “building function” means—
a any function of the regulator under, or under an instrument made under, this Act or the Building Act 1984;
b any prescribed function of the regulator;
F36c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3734 Duty to facilitate building safety: higher-risk buildings

I3561 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.
I3562 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.
I3563 For this purpose “relevant persons” means—
a residents of higher-risk buildings within the meaning of Part 4,
b owners of residential units in such buildings,
c persons who are accountable persons within the meaning of Part 4, and
d persons upon whom duties are imposed by virtue of paragraph 5B of Schedule 1 to the Building Act 1984 (dutyholders).
I3564 In subsections (1) and (2)
  • building safety risk” has the meaning given by section 62;
  • disabled”: see section 30;
  • higher-risk building” means—
    1. a higher-risk building within the meaning of Part 4 (see section 65), or
    2. a higher-risk building within the meaning of the Building Act 1984.
I6175 Parts 3 and 4 confer further functions on the regulator in relation to higher-risk buildings.

I126I4835 Duty to keep safety and standard of buildings under review

The regulator must keep under review—
a the safety of people in or about buildings in relation to risks as regards buildings, and
b the standard of buildings.

I190I3396 Facilitating improvement in competence of industry and building inspectors

1 The regulator must provide such assistance and encouragement as it considers appropriate to—
a persons in the built environment industry, and
b registered building inspectors,
with a view to facilitating their improving the competence of persons in that industry or members of that profession (as the case may be).
2 For the meaning of “the built environment industry” and “registered building inspector” see section 30.

I27 Proposals and consultation relating to regulations

1 This section applies to regulations under—
a this Part, or
b any provision of Part 4 except section 62, 65 or 68.
2 The regulator may at any time make proposals to the Secretary of State for the making of regulations.
3 Before making a proposal, the regulator must consult such persons as it considers appropriate.
4 Before making regulations, other than regulations proposed by the regulator, the Secretary of State must consult—
a the regulator, and
b such other persons as the Secretary of State considers appropriate.

I123I1388 Duty to establish system for giving of building safety information

1 The regulator must make arrangements for a person to establish and operate a voluntary occurrence reporting system.
2 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.

Committees

I6409 Building Advisory Committee

I2851 The regulator must F37... establish and maintain a committee to be known as the Building Advisory Committee, with the following function.
I2852 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—
a persons in the built environment industry, and
b registered building inspectors.
I263 The Building Regulations Advisory Committee for England, established under section 14 of the Building Act 1984, is abolished.

I569I63410 Committee on industry competence

1 The regulator must F38... 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).
2 The functions are—
a monitoring industry competence;
b advising the regulator in relation to industry competence;
c advising persons in the built environment industry in relation to industry competence;
d facilitating persons in the built environment industry to improve industry competence;
e providing guidance to the public (or a section of the public) about ways of assessing the competence of persons in the built environment industry;
f carrying out analysis and research in connection with a function mentioned in any of paragraphs (a) to (e).

I152I17711 Residents’ panel

1 The regulator must F39... establish and maintain a committee with the functions mentioned in this section (and any other function that the regulator considers appropriate).
2 The committee is to consist of—
a such residents of higher-risk buildings as the regulator considers appropriate, and
b such relevant persons (if any) as it considers appropriate.
3 The regulator must take all reasonable steps to ensure that the committee includes—
a one or more residents of a higher-risk building who are disabled,
b a body that represents, supports or promotes the interests of any description of disabled people that includes residents of higher-risk buildings, or
c a member of a body within paragraph (b).
4 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.
5 The regulator must consult the committee before issuing or revising any of the following—
a guidance to residents of higher-risk buildings about any of their rights or obligations under Part 4 or regulations made under that Part;
b guidance relating to any duty under regulations made under section 89 to give information or documents to residents of higher-risk buildings or owners of residential units in such buildings;
c guidance relating to any of sections 91 to 93 or 95 or regulations made under any of those sections (engagement with residents etc, and residents’ duties).
6 If the committee has not been established at a time when the regulator has prepared guidance to which subsection (5) applies—
a that subsection has effect as if it did not require the committee to be consulted before the guidance is issued, and
b the committee must be consulted in relation to the issued guidance as soon as reasonably practicable.
7 See also—
a section 17(3) (duty to consult committee about regulator’s strategic plan);
b section 94(2) (duty to consult committee about regulator’s complaints system).
8 In this section—
  • higher-risk building” has the same meaning as in Part 4 (see section 65);
  • relevant person” means—
    1. an owner of a residential unit in a higher-risk building,
    2. a body that represents, supports or promotes—
      1. the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or
      2. the interests of any description of persons that includes a description of such residents or owners, or
    3. a member of a body within paragraph (b).

I171I46712 Committees: power to amend or repeal

1 The Secretary of State may by regulations amend or repeal any of sections 9 to 11 (provision about specific committees).
2 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)).
3 Regulations under this section may make consequential amendments of this Act.

Staffing etc

I725I45913 Local authorities and fire and rescue authorities: assistance etc to regulator

1 A relevant authority may at the request of the regulator do anything for the purpose of—
a facilitating the exercise by the regulator of a relevant function, or
b enabling the relevant authority to facilitate the exercise by the regulator of a relevant function.
2 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.
3 The direction may specify the way in which, and the time by which, the thing is to be done.
4 A direction—
a may be given only if the regulator considers that it is expedient for the authority to do the specified thing, and
b must state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise.
5 A direction may be given only with the consent of the Secretary of State.
6 Before giving a direction, the regulator must—
a make a written request under subsection (1) for the authority to do the thing, and
b have regard to any written representations made by the authority in the period specified in the request.
7 A request under subsection (6)(a) must—
a state that the regulator may seek consent to give a direction under this section if the request is not complied with,
b state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise, and
c specify a reasonable period for the authority to make any representations as to why it should not do the thing requested.
8 In this section—
  • relevant authority” means a local authority or fire and rescue authority;
  • relevant function” means—
    1. a function of the regulator relating to—
      1. the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or
      2. higher-risk building work (as defined by section 91ZA of the Building Act 1984), or
    2. 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.
9 A direction or consent under this section must be in writing.

I51I9214 FSO authorised persons: assistance etc to regulator

1 An FSO authorised person may at the request of the regulator do anything for the purpose of—
a facilitating the exercise by the regulator of a relevant function, or
b enabling FSO authorised persons to facilitate the exercise by the regulator of a relevant function.
2 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—
    1. the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or
    2. higher-risk building work (as defined by section 91ZA of the Building Act 1984).

I423I58315 Provision of assistance etc: supplementary

1 This section supplements sections 13 and 14.
2 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.
3 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.
4 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.
5 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.
6 The Secretary of State may by regulations make further provision in relation to requests and directions, including in particular provision about—
a things done by a relevant authority in connection with a request or direction;
b things done by an FSO authorised person in connection with a request.
7 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.

I236I916 Guidance about the provision of assistance

1 The regulator may issue guidance to—
a relevant authorities about their functions under section 13;
b FSO authorised persons about their functions under section 14.
2 The regulator may revise or withdraw any issued guidance.
3 A relevant authority must have regard to any guidance under this section when exercising its functions under section 13.
4 An FSO authorised person must have regard to any guidance under this section when exercising their functions under section 14.
5 Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State.
6 In this section—
  • FSO authorised person” has the meaning given by section 14;
  • relevant authority” has the meaning given by section 13.

Plans and reports

I35I43617 Strategic plan

1 The regulator must—
a prepare a strategic plan, and
b submit it to the Secretary of State for approval.
2 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.
3 Before submitting it, the regulator must consult—
a the committee mentioned in section 11 (residents’ panel), and
b such other persons as the regulator considers appropriate.
4 The Secretary of State may approve the plan, with or without modifications.
5 Before approving the plan with modifications, the Secretary of State must consult the regulator.
6 The regulator must publish the approved plan, and act in accordance with it.
7 The first plan—
a must be submitted as soon as reasonably practicable after this section comes into force, and
b must relate to a period ending with the third 31 March to occur after the day on which it is submitted.
8 If the committee mentioned in section 11 has not been established at the time the first plan is prepared—
a subsection (3) has effect as if it did not require the committee to be consulted before the plan is submitted, and
b the committee must be consulted in relation to the first approved plan as soon as reasonably practicable.
9 Any other plan—
a must be submitted before the end of the period to which the most recent approved plan relates (“the current period”), and
b must relate to the period of three years, or such other period as the Secretary of State and the regulator may agree, beginning immediately after the end of the current period.

I17I48118 Revised strategic plans

1 This section supplements section 17.
2 The regulator may at any time in the period to which a plan relates—
a prepare a revised plan relating to the remainder of that period (or to such other period as the Secretary of State and the regulator may agree), and
b submit it to the Secretary of State for approval.
3 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.
4 Where such a requirement is made, the revised plan—
a must be submitted as soon as reasonably practicable, and
b must relate to the remainder of the period to which the current plan relates (or to such other period as the Secretary of State and the regulator may agree).
5 Section 17(3) to (6) apply in relation to a revised plan.
6 If approved, the revised plan replaces the current plan.
7 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.

I119I22519 Annual report about information provided under mandatory reporting requirements

1 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.
2 For this purpose, information is provided pursuant to the “mandatory reporting requirements” if it is provided under—
a section 87 (duty of accountable person to report to regulator), or
b any provision of building regulations that is prescribed by the regulations for the purposes of this section.
3 A report under this section must not contain personal data.

I613I65620 Statement of regulator’s engagement with residents etc

1 The regulator must, at least once each financial year, publish a statement about its engagement with—
a the committee mentioned in section 11 (residents’ panel),
b residents of higher-risk buildings,
c owners of residential units in higher-risk buildings, and
d bodies that represent, support or promote—
i the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or
ii the interests of persons including any description of such residents or owners.
2 A statement under subsection (1) must, in particular, include information about the regulator’s engagement with residents of higher-risk buildings who are disabled.
3 A statement under subsection (1) may be published by including it in the regulator’s annual report.
4 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—
    1. a higher-risk building within the meaning of Part 4, or
    2. a higher-risk building within the meaning of the Building Act 1984.

I609I14621 Report on certain safety-related matters

1 Before the end of the period of three years beginning when this section comes into force, the regulator must—
a carry out a cost-benefit analysis of making regular inspections of, and testing and reporting on, the condition of electrical installations in relevant buildings;
b consider what further provision under the Building Act 1984, or in guidance under that Act, may be made about—
i stairs and ramps in relevant buildings,
ii emergency egress of disabled persons from relevant buildings, and
iii automatic water fire suppression systems in relevant buildings,
with a view to improving the safety of persons in or about relevant buildings, and carry out a cost-benefit analysis of the making of that provision.
2 Before the end of that period, the regulator must—
a prepare one or more reports about the analysis mentioned in subsection (1) (which may also contain recommendations), and
b give them to the Secretary of State.
3 The Secretary of State must publish any report received under subsection (2).
4 In this section “cost-benefit analysis” means—
a an analysis of the costs together with an analysis of the benefits that will arise if the things mentioned in subsection (1)(a) are done or the provision mentioned in subsection (1)(b) is made, and
b an estimate of those costs and of those benefits (subject to subsection (5)).
5 If, in the opinion of the regulator—
a the costs or benefits cannot reasonably be estimated, or
b it is not reasonably practicable to produce an estimate,
the cost-benefit analysis need not estimate them, but must include a statement of the regulator’s opinion and an explanation of it.
6 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.

Enforcement

I32I26622 Authorised officers

1 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.
2 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.
3 An authorisation—
a must be in writing;
b may be varied or revoked by an instrument in writing.
4 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.
5 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—
    1. Part 4 of this Act (higher-risk buildings), or
    2. the Building Act 1984;
  • specified” means specified in the authorisation.

I563I59123 Authorised officers: offences

1 A person who intentionally obstructs a person who is an authorised officer exercising a relevant building function commits an offence.
2 A person who, with intent to deceive, impersonates an authorised officer commits an offence.
3 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.
4 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.
5 A person guilty of an offence under subsection (2) is liable on summary conviction to a fine.

I455I17924 Provision of false or misleading information to regulator

1 A person commits an offence if they provide false or misleading information to the regulator—
a in purported compliance with a building enactment or a requirement imposed by virtue of such an enactment,
b in connection with an application made to the regulator under a building enactment, or
c for the purpose of avoiding enforcement action being taken or continued,
and the person knows that, or is reckless as to whether, the information is false or misleading.
2 In this section—
  • building enactment” means any provision of, or of an instrument made under—
    1. Part 2 or 4 of this Act, or
    2. the Building Act 1984;
  • enforcement action” means action taken with a view to, or in connection with—
    1. securing compliance with a building enactment or a requirement imposed by virtue of such an enactment, or
    2. the imposition of a sanction in respect of a contravention of any such enactment or requirement.
3 A person guilty of an offence under this section is liable—
a on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

Reviews and appeals

I496I19725 Review by regulator of certain decisions made by it

1 This section applies in relation to a prescribed decision of the regulator.
2 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.
3 A notice under subsection (2) must—
a contain prescribed information,
b be in the prescribed form, and
c be given in the prescribed way.
4 The nature and extent of the review are to be such as appear to the regulator to be appropriate in the circumstances.
5 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).
6 On the conclusion of the review the regulator must either uphold or vary the decision.
7 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”).
8 Where the regulator is required to undertake a review but does not notify the person by the end of the relevant period—
a the review is treated as having concluded at the end of that period, and the regulator is treated as having upheld the decision, and
b the regulator must, as soon as reasonably practicable after the end of that period, notify the person of that fact.
9 The decisions that may be prescribed under subsection (1) are any decisions of the regulator under, or under an instrument made under, this Act or the Building Act 1984 except—
a a decision made on an appeal to the regulator, or
b a decision to do any of the following—
i give a compliance notice under section 99 of this Act;
ii give a notice under section 35B, 35C or 36 of the Building Act 1984 (notices in respect of contraventions of building regulations etc);
iii make a disciplinary order under section 58I or 58U, or an order under section 58J or 58V, of that Act (misconduct of registered building inspector or building control approver);
iv give a notice under section 58Z4 or 58Z5, or act under section 58Z6 or 58Z7, of that Act (contravention of operational standards rules).

I247I21626 Right of appeal: requirement for review before appeal

1 This section applies to a right of appeal against a decision of a kind prescribed under subsection (1) of section 25.
2 The right of appeal may be exercised only if the decision has been reviewed under that section.
3 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).
4 For the purpose of any time limit as regards the exercise of the right of appeal—
a the decision is treated as made on the day on which the review concludes, and
b a person is treated as notified of the decision on the day on which they are notified of the outcome of the review.

Supplementary and general

I304I62527 Cooperation and information sharing

1 Schedule 3
a imposes duties of cooperation on the regulator and other persons, and
b confers powers to share information on the regulator and other persons.
2 Except as provided by subsection (3), the disclosure of information under Schedule 3 does not breach—
a any obligation of confidence owed by the person making the disclosure, or
b any other restriction on the disclosure of information (however imposed).
3 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).

I4228 Fees and charges

1 The Secretary of State may by regulations make provision authorising the regulator—
a to charge fees, and
b to recover charges,
for or in connection with the performance of a relevant function.
2 The regulations may—
a prescribe a fee or charge, or
b provide for the amount of a fee or charge to be determined by the regulator in accordance with the regulations.
3 The regulations may in particular—
a provide that the amount of any charge is to be determined by the regulator in accordance with a scheme made and published by it, and
b make provision about such schemes, including the principles to be embodied in such schemes.
4 The regulations may make provision about the effect of failing to pay a fee or charge in accordance with the regulations.
5 In this section “relevant function” means —
a any function of the regulator under, or under regulations made under, this Part or Part 4, F41...
F41b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 The regulator may—
a with the consent of the Secretary of State, provide services to a person in connection with any matter relating to buildings;
b charge fees for such services at a rate agreed with the person.
7 Nothing in subsection (6) limits any other power of the regulator to charge for a service provided by it.

I398I535C629 Service of documents

1 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).
2 The document may be given by—
a delivering it by hand to the person,
b leaving it at the person’s proper address,
c sending it by post to the person at their proper address, or
d sending it by email to an electronic address at which the person has agreed to receive documents or has agreed to receive the document.
3 The document may—
a in the case of a body corporate, be given in accordance with subsection (2) to an officer of the body;
b in the case of a partnership, be given in accordance with subsection (2) to a partner.
4 For the purposes of this section, the “proper address” of a person (except an authorised officer of the regulator) is—
a in the case of a document to be given by or on behalf of the regulator to a person who has provided an address for service to the regulator, that address;
b subject to that—
i in the case of a body corporate (including a document given to an officer of the body), the address of its registered or principal office;
ii in the case of a partnership (including a document given to a partner), the address of its principal office;
iii in the case of any other person, their last known address.
5 For the purposes of this section, the “proper address” of an authorised officer of the regulator is—
a the address specified by the officer, or
b if no address is specified, the address of the regulator’s principal office.
6 If—
a the document is to be given to the person as the owner of any premises, a resident of any premises, or the accountable person of a higher-risk building, and
b the person’s name and proper address is not known, despite reasonable steps having been taken to ascertain it,
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.
7 A document left as mentioned in subsection (2)(b) is treated as given when it was left.
8 A document sent as mentioned in subsection (2)(c) is treated as given 48 hours after it was sent, unless the contrary is proved.
9 A document sent as mentioned in subsection (2)(d) is treated as given 24 hours after it was sent, unless the contrary is proved.
10 A document fixed as mentioned in subsection (6) is treated as given 48 hours after it was fixed.
11 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.
12 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.

I25230 Interpretation of Part 2

1 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—
    1. persons carrying on, for business purposes, activities connected with the design, construction, management or maintenance of buildings, and
    2. 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—
    1. a district council or relevant unitary authority,
    2. a London borough council,
    3. the Common Council of the City of London,
    4. the Sub-Treasurer of the Inner Temple,
    5. the Under Treasurer of the Middle Temple, or
    6. the Council of the Isles of Scilly;
  • maximum summary term for either-way offences”, with reference to imprisonment for an offence, means—
    1. 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;
    2. 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—
    1. a dwelling, or
    2. any other unit of living accommodation;
  • standard”: any reference to the standard of a building is to its standard from a technical perspective.
2 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.
3 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—
a any other structure or erection of any kind (whether temporary or permanent);
b any vehicle, vessel or other movable object of any kind, in such circumstances as may be prescribed.

Part 3 Building Act 1984

Building control authorities and building regulations

I533I424I51831 Higher-risk buildings etc

In the Building Act 1984 after section 120C (inserted by Schedule 5) insert—

I121I322I432 Building control authorities

I7751 The Building Act 1984 is amended as follows.
2 In section 91—
a in subsection (1) before paragraph (a) insert—
;
b in subsection (2) for the words from “sections” to the end substitute
;
c after that subsection insert—
;
d in the heading at the end insert “and the regulator”.
I768I8253 After that section insert—
I7754 After section 121 insert—

I719I338I26733 Building regulations

In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 1 insert—

I21I760I46634 Dutyholders and general duties

In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 5 insert—

I291I741I3835 Industry competence

In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 5B (inserted by section 34) insert—

I614I230I647I73136 Lapse of building control approval etc

1 The Building Act 1984 is amended as follows.
2 For section 32 substitute—
3 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)”.
4 In section 50 (plans certificates) omit subsection (8).
5 In section 52 (cancellation of initial notice) omit subsection (5).
6 In section 53(2) (effect of initial notice ceasing to be in force: general)—
a at the end of paragraph (a) insert “and”;
b omit paragraph (c) and the “and” immediately before it.
7 After section 53 insert—
8 In section 54(4)—
a omit the “and” at the end of paragraph (a);
b after paragraph (b) insert
9 Schedule 4 is amended as follows.
10 In paragraph 1(1) for “below” substitute “(final certificates) and paragraph 4A (lapse of public body’s notice)”.
11 In paragraph 2 omit sub-paragraph (6).
12 In paragraph 4(2) omit paragraph (c) and the “and” before it.
13 After paragraph 4 insert—

I139I643I71837 Determination of certain applications by Secretary of State or Welsh Ministers

After section 30 of the Building Act 1984 insert—

I762I120I366I28138 Compliance and stop notices

1 In the Building Act 1984 before section 36 insert—
2 After section 39 of that Act insert—

I30I203I186I60139 Breach of building regulations

1 The Building Act 1984 is amended as follows.
2 For section 35 substitute—
3 In section 36(4) (time limit for notices requiring removal or alteration of non-compliant work) for “12 months” substitute “10 years”.

I733I47I82640 Liability of officers of body corporate etc

In the Building Act 1984 before section 113 insert—

I612I463I31641 Revocation etc of certain provision made under section 2(2) of ECA 1972

1 In this section “combined instrument” means an instrument containing (whether alone or with other provision)—
a provision made under section 1(1) of the Building Act 1984 (building regulations), and
b provision made under section 2(2) of the European Communities Act 1972 (provision implementing EU obligations etc).
2 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.
3 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.

Building control approvers and building inspectors

I378I360I473I131I777I778I819I818I82042 Regulation of building control profession

In the Building Act 1984, after Part 2 insert—

I413I828I82743 Transfer of approved inspectors’ functions to registered building control approvers

Schedule 4 amends the Building Act 1984 so as to—
a transfer the functions of approved inspectors to registered building control approvers, and
b make other provision consequential on section 42.

I218I715I58I82944 Functions exercisable only through, or with advice of, registered building inspectors

I9571 The Building Act 1984 is amended as follows.
2 After section 46 insert—
I8303 After section 54A (inserted by section 47) insert—

I654I83145 Default powers of appropriate national authority

1 The Building Act 1984 is amended as follows.
2 In section 116 (power to transfer local authority functions to appropriate national authority)—
a in the heading for “Secretary of State” substitute “appropriate national authority”;
b in subsection (1)
i for “Secretary of State” substitute “appropriate national authority”;
ii for “he” substitute “it”;
c in subsection (2)
i for “Secretary of State” substitute “appropriate national authority”;
ii for the words from “make an order” to the end substitute “make a transfer order in respect of the body in default.”;
d after subsection (2) insert—
3 In section 117 (expenses)—
a in the heading for “Secretary of State” substitute “appropriate national authority”;
b before subsection (1) insert—
;
c in subsection (1)
i for the words before paragraph (a) substitute “The amount of any expenses certified by the appropriate national authority as having been incurred by the authority in discharging the transferred functions”;
ii in paragraph (a) for “him” substitute “the authority”;
iii in paragraph (b) for the words from “him” to the end substitute “the authority from the body as a debt due to the authority”;
d in subsection (2) for “Secretary of State” substitute “appropriate national authority”.
4 In section 118 (variation or revocation of transfer order)—
a in subsection (1)—
i for “Secretary of State” substitute “appropriate national authority”;
ii for “an order under section 116(2)” substitute “a transfer order under section 116”;
iii for “he” substitute “it”;
b after subsection (1) insert—
;
c in subsection (2)—
i for “Secretary of State” substitute “appropriate national authority”;
ii for “him”, in the first place it occurs, substitute “it”;
iii for the words from “by him” to the end substitute “, by the person to whom the revoked order transferred functions, in discharging those functions.”

I15I328I748I576I83246 Higher-risk building work: registered building control approvers

1 In section 47 of the Building Act 1984 (giving and acceptance of initial notice), in subsection (1)(a)—
a after “prescribed form” insert “relating to work that is not higher-risk building work”;
b after “carry out” insert “the”.
2 In section 51A of the Building Act 1984 (variation of work to which initial notice relates), for subsection (1) substitute—
3 After section 52 of the Building Act 1984 insert—
4 In section 47 of the Building Act 1984 (giving and acceptance of initial notice), in subsection (4)(b)—
a omit the “or” after sub-paragraph (i);
b after sub-paragraph (i) insert—
.
5 In section 55 of the Building Act 1984 (appeals), after subsection (2) insert—

I573I523I5647 Higher-risk building work: public bodies

After section 54 of the Building Act 1984 insert—

I71I581I18048 Insurance: removal of requirements

1 The Building Act 1984 is amended as follows.
2 In section 47 (giving and acceptance of initial notice)—
a in subsection (1) omit paragraph (c) (but not the “and” at the end of it);
b omit subsections (6) and (7).
3 In section 51A(2) (variation of work to which initial notice relates) omit paragraph (c) (but not the “and” at the end of it).
4 In section 56 (recording and furnishing of information) omit subsection (2).

I658I6I757I83349 Plans certificates

I9591 The Building Act 1984 is amended as follows.
I9592 In section 50 (plans certificates)—
a for subsection (1) substitute—
;
b in subsection (4) for “certificate under subsection (1) above” substitute “plans certificate”;
c after subsection (7) insert—
3 In paragraph 2 of Schedule 4 (public body’s plans certificates)—
a for sub-paragraph (1) substitute—
;
b after sub-paragraph (6) insert—

I88I410I598I834I83550 Cancellation of initial notice

1 Section 52 of the Building Act 1984 (cancellation of initial notice) is amended in accordance with this section.
2 In subsection (1)
a omit the “or” after paragraph (b);
b after paragraph (c), insert—
;
c for “approved inspector shall” substitute “registered building control approver, or in the case of paragraph (e) the person shown in the initial notice as the registered building control approver, must”.
3 For subsection (3) substitute—
4 In subsection (4), after “subsection” insert “(1) or”.
5 After subsection (5) insert—
6 After subsection (6) insert—

I140I517I764I837I83651 New initial notices

1 In section 53 of the Building Act 1984 (effect of initial notice ceasing to be in force), for subsection (7) substitute—
2 After section 53A of the Building Act 1984 (inserted by section 36) insert—
3 In section 47 of the Building Act 1984 (giving and acceptance of initial notice)—
a in subsection (4)(b), after sub-paragraph (ia) (inserted by section 46) insert—
;
b after subsection (7) insert—
4 In section 55 of the Building Act 1984 (appeals)—
a in subsection (1)
i omit the “or” after paragraph (a);
ii after paragraph (b) insert
;
b in subsection (2)(a), after “notice” insert “, report”;
c in subsection (2)(b), after “notice” insert “, report”.

I562I542I323I839I83852 Information gathering

1 In section 53 of the Building Act 1984 (effect of initial notice ceasing to be in force), after subsection (4) insert—
2 In section 57 of the Building Act 1984 (offences), in subsection (1)—
a omit the “or” after paragraph (a);
b after paragraph (a) insert—
.

I443I75453 Information

1 After section 56 of the Building Act 1984 insert—
I841I8402 In section 55 of the Building Act 1984 (appeals), after subsection (3) insert—
3 In section 56 of the Building Act 1984 (recording and furnishing of information)—
a in subsection (1)—
i after “authority” insert “in Wales”;
I841I840ii after “public body’s notices” insert “, transfer reports”;
I841I840iii after “such notices” insert “, reports”;
I841I840b in subsection (3), after “plans certificates, final certificates” insert “, transfer certificates”;
c in subsection (4), after “section” insert “by a local authority in Wales”.

Miscellaneous and general

I383I76654 Functions under Part 3 of Building Act 1984

In the Building Act 1984 after section 90 insert—

I261I231I255I274I513I739I84255 Minor and consequential amendments

Schedule 5 contains—
a minor amendments of the Building Act 1984, and
b amendments consequential on provision made by this Part.

I514I602I404I18356 Appeals

Schedule 6 makes provision about appeals under the Building Act 1984, including provision providing for—
a certain appeals to be made to the regulator instead of the Secretary of State,
b certain appeals relating to buildings in England to be made to the tribunal instead of a magistrates’ court, and
c a right of appeal against a decision of a local authority not to consider certain applications or notices on the ground that they are in respect of higher-risk building work.

I269I729I1357 Fees and charges

In the Building Act 1984 after section 105A (inserted by paragraph 29 of Schedule 6) insert—

I300I84358 Levy on applications for building control approval etc

In the Building Act 1984 after section 105B (inserted by section 57) insert—

I56659 Crown application

In Part 5 of the Building Act 1984 before section 132 insert—

I74660 Application to Parliament

1 The Building Act 1984 is amended as follows.
2 In section 95 (power to enter premises) after subsection (4) insert—
3 After section 131A (inserted by section 59) insert—

Part 4 Higher-risk buildings

Introduction

I51161 Overview of Part

1 This Part contains provisions about the management of building safety risks as regards occupied higher-risk buildings.
2 In this Part
a sections 62 to 64 define “building safety risk” and make related provision;
b sections 65 to 70 define “higher-risk building”, make related provision, and confer power to modify this Part as it applies in relation to any description of higher-risk building;
c sections 71 to 75 contain other key definitions, including—
i when a building is “occupied”;
ii the definition of “accountable person” and “principal accountable person”;
and provide that the First-tier Tribunal may determine who is an accountable person or the principal accountable person for a higher-risk building;
d sections 76 to 82 make provision about the registration of higher-risk buildings and about building assessment certificates;
e sections 83 to 86 make provision about the assessment and management of building safety risks, including provision requiring a safety case report to be prepared and revised;
f sections 87 to 90 contain provisions about the keeping and giving of information and documents to the regulator, other accountable persons, residents and others;
g sections 91 to 94 contain provisions about engagement with residents etc, including—
i provision requiring a residents’ engagement strategy to be prepared and revised;
ii provision requiring complaints systems to be established and operated;
h sections 95 to 97 impose duties on residents and make provision for the enforcement of those duties;
i section 98 to 101 contain provisions about the enforcement of this Part;
j section 102 and Schedule 7 provide for the appointment of a special measures manager, to undertake duties under this Part in place of an accountable person, and make further provision in connection with that appointment;
k sections 103 to 107 contain provisions about appeals;
l sections 108 to 111 contain miscellaneous provisions, including provision about cooperation and coordination;
m sections 112 to 114 provide for certain terms to be implied into leases, and contain other provisions affecting the relationship between landlord and tenant or affecting commonholds;
n section 115 contains definitions applying for the purposes of this Part.

Meaning of “building safety risk”

I27662 Meaning of “building safety risk”

1 In this Partbuilding 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—
a the spread of fire;
b structural failure;
c any other prescribed matter.
2 Before making regulations under subsection (1)(c), the Secretary of State must consult—
a the regulator, and
b such other persons as the Secretary of State considers appropriate.
3 But the regulator need not be consulted if—
a the regulations give effect to a recommendation made by the regulator under section 63, or
b the Secretary of State has under section 64 asked the regulator for its advice in relation to a proposal to make the regulations.

I67163 Recommendations about regulations under section 62

1 The regulator may recommend that the Secretary of State makes regulations under section 62.
2 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.
3 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.
4 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—
a it considers that—
i if the matter occurred as regards a building of that description it would have the potential to cause a major incident,
ii the risk of the matter occurring is greater for that description of buildings than it is for buildings that are not of that description, and
iii this Part should apply (with or without modifications) in relation to buildings of that description, and
b it also recommends that buildings of that description should be higher-risk buildings for the purposes of this Part (and, if section 69(2)(b) applies, makes a recommendation of the kind mentioned there).
5 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—
a where the matter is prescribed for any higher-risk building, it considers that if the matter occurred as regards a higher-risk building it would not have the potential to cause a major incident;
b where the matter is prescribed for a description of higher-risk building, it considers that if the matter occurred as regards a higher-risk building of that description it would not have the potential to cause a major incident.
6 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.
7 If following a recommendation the Secretary of State decides not to make the regulations, the Secretary of State must publish a document setting out—
a the regulator’s recommendation,
b the Secretary of State’s decision not to make the regulations, and
c the reasons for that decision.
8 In this Partmajor incident” means an incident resulting in—
a a significant number of deaths, or
b serious injury to a significant number of people.

I44964 Advice about regulations under section 62

Where the Secretary of State asks the regulator to provide advice about a proposal to make regulations under section 62, it must provide that advice.

Meaning of “higher-risk building”

I52865 Meaning of “higher-risk building” etc

1 In this Parthigher-risk building” means a building in England that—
a is at least 18 metres in height or has at least 7 storeys, and
b contains at least 2 residential units.
2 The Secretary of State may by regulations make provision supplementing this section.
3 The regulations may in particular—
a define “building” or “storey” for the purposes of this section;
b make provision about how the height of a building is to be determined for those purposes;
c provide that “higher-risk building” does not include a building of a prescribed description.
4 Regulations made by virtue of subsection (3)(a) may in particular define “building” so as to provide that it includes—
a any other structure or erection of any kind (whether temporary or permanent);
b any vehicle, vessel or other movable object of any kind, in such circumstances as may be prescribed.
5 The Secretary of State may by regulations amend this section (other than subsection (2) or this subsection).
6 For the meaning of “residential unit” see section 115.

I48966 Regulations under section 65: procedure

1 Before making regulations under section 65, the Secretary of State must consult—
a the regulator, and
b such other persons as the Secretary of State considers appropriate.
2 But the regulator need not be consulted if—
a the regulations give effect to a recommendation made by the regulator under section 63(4) or 69, or
b the Secretary of State has under section 70 asked the regulator for advice about the description of building in question.

I56867 Regulations under section 65: additional procedure in certain cases

1 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.
2 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).
3 The Secretary of State must carry out a cost-benefit analysis and publish it.
4 In this section “cost-benefit analysis” means—
a an analysis of the costs together with an analysis of the benefits that will arise if the regulations are made, and
b an estimate of those costs and of those benefits (subject to subsection (5)).
5 If, in the opinion of the Secretary of State—
a the costs or benefits cannot reasonably be estimated, or
b it is not reasonably practicable to produce an estimate,
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.

I37468 Modification of Part in relation to certain kinds of higher-risk building

1 The Secretary of State may make regulations modifying this Part as it applies in relation to a prescribed description of higher-risk building.
2 Before making the regulations, the Secretary of State must consult—
a the regulator, and
b such other persons as the Secretary of State considers appropriate.
3 But the regulator need not be consulted if the regulations give effect to a recommendation under section 63(4), 69 or 70.

I25769 Recommendations about definition of “higher-risk building” etc

1 Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers—
a that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description,
b that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and
c that this Part should apply (with or without modifications) in relation to buildings of that description.
2 The regulator must—
a recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Part,
b if it considers that regulations under section 68 should be made modifying this Part as it applies in relation to that description of building, make a recommendation to the Secretary of State to that effect, and
c give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation under paragraph (a) and any recommendation under paragraph (b).
3 Subsection (4) applies if—
a following a recommendation under subsection (2)(a) the Secretary of State decides not to make regulations under section 65 giving effect to the recommendation, or
b following a recommendation under subsection (2)(b) the Secretary of State decides not to make regulations under section 68 giving effect to the recommendation.
4 The Secretary of State must publish a document setting out—
a the regulator’s recommendation,
b the Secretary of State’s decision not to make the regulations, and
c the reasons for that decision.
5 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.
6 For the meaning of “major incident” see section 63.

I6070 Advice about definition of “higher-risk building” etc

1 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.
2 The regulator must consider whether the following conditions are met—
a the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description;
b the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident;
c the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Part.
3 The regulator must—
a if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Part;
b otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes.
4 Where the regulator—
a makes a recommendation under subsection (3)(a), and
b considers that regulations under section 68 should be made modifying this Part as it applies in relation to buildings of the specified description,
it must make a recommendation to the Secretary of State to that effect.
5 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).
6 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—
a the regulator’s recommendation,
b the Secretary of State’s decision not to make the regulations, and
c the reasons for that decision.
7 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.
8 In this section “specified” means specified by the Secretary of State in the request.

Meaning of “accountable person” and other key definitions

I776I60371 Meaning of “occupied” higher-risk building etc

1 The following provisions apply for the purposes of this Part.
2 A higher-risk building is “occupied” if there are residents of more than one residential unit in the building.
3 A reference to a resident of a higher-risk building is to a resident of a residential unit in such a building.
4 The Secretary of State may by regulations—
a amend the definition of a higher-risk building being “occupied”;
b amend the definition of a “resident” of a higher-risk building;
c define, for the purposes of this Part, the meaning of being a “resident” of a residential unit.
5 See—
a section 65 for the meaning of “higher-risk building”;
b section 115 for the meaning of “residential unit”.

I629I71772 Meaning of “accountable person”

1 In this Part an “accountable person” for a higher-risk building is—
a a person who holds a legal estate in possession in any part of the common parts (subject to subsection (2)), or
b a person who does not hold a legal estate in any part of the building but who is under a relevant repairing obligation in relation to any part of the common parts.
This subsection is subject to subsection (5) (special rule for commonhold land).
2 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—
a each long lease of which the estate owner is lessor provides that a particular person, who does not hold a legal estate in any part of the building, is under a relevant repairing obligation in relation to all of the relevant common parts, or
b all repairing obligations relating to the relevant common parts which would otherwise be obligations of the estate owner are functions of an RTM company.
3 Subsection (4) applies where—
a under a lease, a person (“the estate owner”) holds a legal estate in possession in the common parts of a higher-risk building or any part of them (“the relevant common parts”), and
b a landlord under the lease is under a relevant repairing obligation in relation to any of the relevant common parts.
4 For the purposes of this section and section 73—
a the legal estate in possession in so much of the relevant common parts as are within subsection (3)(b) is treated as held by the landlord (instead of the estate owner), and
b if (and so far as) the landlord’s actual legal estate in those common parts is held under a lease, the legal estate in possession mentioned in paragraph (a) is treated as held under that lease (and, accordingly, subsection (3) and this subsection may apply in relation to it).
5 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.
6 For the purposes of this section—
  • common parts”, in relation to a building, means—
    1. 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
    2. 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).
7 The Secretary of State may by regulations amend this section (other than this subsection).

I145I17673 Meaning of “principal accountable person”

1 In this Part the “principal accountable person” for a higher-risk building is—
a in relation to a building with one accountable person, that person;
b in relation to a building with more than one accountable person, the accountable person who—
i holds a legal estate in possession in the relevant parts of the structure and exterior of the building, or
ii is within section 72(1)(b) because of a relevant repairing obligation (within the meaning of that section) in relation to the relevant parts of the structure and exterior of the building.
2 For the purposes of this section—
a the reference to “the relevant parts of the structure and exterior” of a building is to its structure and exterior except so far as included in a demise of a single dwelling or of premises to be occupied for the purposes of a business;
b the reference to “possession” does not include the receipt of rents and profits or the right to receive the same.
3 Subsection (1)(b) is subject to section 75(2) (powers of tribunal where more than one accountable person is within subsection (1)(b)).

I320I2074 Part of building for which an accountable person is responsible

In this Part, any reference to the part of a higher-risk building for which an accountable person is responsible is to such part of the building (including all of it) as is determined by or in accordance with regulations.

I144I7475 Determinations by the tribunal

1 An interested person may apply to the tribunal for a determination, as regards a higher-risk building, of any of the following—
a the person or persons who are accountable persons for the building;
b the person who is the principal accountable person for the building;
c the part of the building for which any accountable person for the building is responsible.
2 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.
3 In this section “interested person” means—
a the regulator,
b a person who holds a legal estate in any part of the common parts (or who claims to hold such an estate), or
c a person who is under a relevant repairing obligation in relation to any part of the common parts (or who claims to be under such an obligation).
4 In subsection (3)relevant repairing obligation” and “common parts” have the same meaning as in section 72.

Registration and certificates

I45I26276 Requirement for completion certificate before occupation

1 This section applies if any of the following works are carried out—
a the construction of a higher-risk building;
b the creation of additional residential units in such a building;
c works to a building that cause it to become a higher-risk building.
2 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.
3 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.
4 A person guilty of an offence under this section is liable—
a on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
5 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—
    1. in the case of works within subsection (1)(a), any residential unit in the building;
    2. in the case of works within subsection (1)(b), any additional residential unit;
    3. in the case of works within subsection (1)(c), any residential unit in the building except one that existed before the works began.

I105I8477 Occupation: registration requirement

1 The principal accountable person for a higher-risk building commits an offence if the building is occupied but not registered.
2 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.
3 A person guilty of an offence under this section is liable—
a on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
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.
4 In this section “registered” means registered under section 78.

I75078 Registration of higher-risk buildings

I1101 On an application by the principal accountable person for a higher-risk building the regulator may register the building.
I3332 The regulator must publish the register in such way as it considers appropriate.
I1103 The regulator may remove a building from the register if it appears to the regulator that—
a the building is not occupied, or
b the building is not a higher-risk building.
I1104 The Secretary of State may by regulations make provision about the register, including in particular provision about—
a the information to be contained in the register;
b the updating or other revision of information in the register;
c the procedure for removing buildings from the register.
I1105 The Secretary of State may by regulations make provision in relation to applications under this section, including in particular provision about—
a the form and content of an application;
b the information and documents that must accompany an application;
c the way in which an application, and anything that is to accompany it, is to be given;
d the circumstances in which an application may be withdrawn or treated as withdrawn;
e the way in which an application may be withdrawn.

I477I77979 Occupied building: duty to apply for building assessment certificate

1 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.
2 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.
3 A person who, without reasonable excuse, contravenes subsection (2) commits an offence.
4 A person guilty of an offence under this section is liable—
a on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
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.
5 In this section “building assessment certificate” means a certificate issued under section 81.

I104I78080 Applications for building assessment certificates

1 An application under section 79 must be accompanied by—
a a copy of the most recent safety case report for the building unless a copy of that report has been provided under section 86(2);
b prescribed information about the mandatory occurrence reporting system operated by the principal accountable person;
c prescribed information demonstrating compliance by each accountable person for the building with their duties under section 89;
d a copy of any residents’ engagement strategy.
2 The Secretary of State may by regulations make further provision about applications under section 79, including in particular provision about—
a the form and content of an application;
b the way in which an application, and anything which is to accompany it, is to be given;
c the circumstances in which an application may be withdrawn or treated as withdrawn;
d the way in which an application may be withdrawn.
3 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.

I550I78181 Building assessment certificates

1 This section applies where—
a the principal accountable person for an occupied higher-risk building applies under section 79 for a certificate in relation to the building (a “building assessment certificate”),
b the application is made pursuant to a direction of the regulator under that section, and
c the building is registered under section 78.
2 The regulator must assess whether the relevant duties are being complied with (and may inspect the building in connection with that assessment).
3 The regulator—
a must give a building assessment certificate if satisfied that all relevant duties are being complied with;
b if not so satisfied, must (subject to subsection (4)) refuse the application and notify the principal accountable person of the refusal.
4 If the regulator considers that a contravention of a relevant duty can be remedied promptly—
a the regulator may give a notice under this subsection to the principal accountable person containing a brief description of the contravention and specifying a period for remedying the contravention, and
b if it does so, and the contravention is remedied within that period, it may give a building assessment certificate (instead of refusing the application).
5 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—
a section 83 (duty to assess building safety risks);
b section 84 (management of building safety risks);
c section 85 (duties relating to safety case report);
d section 87(5) (duties relating to mandatory occurrence reporting system);
e section 89 (provision of information to regulator, residents etc);
f section 91 (duty to produce a residents’ engagement strategy).
6 The Secretary of State may by regulations make further provision about building assessment certificates and notices under this section, including in particular provision about—
a the period in relation to which a certificate may be given;
b the form and content of a certificate or notice;
c the way in which a certificate or notice is to be given.

I507I78282 Duty to display building assessment certificate etc

1 The principal accountable person for an occupied higher-risk building must ensure that the following are displayed together, in a conspicuous position in the building—
a a notice in the prescribed form containing prescribed information about accountable persons for the building;
b the most recent building assessment certificate relating to the building;
c any relevant compliance notice (see subsection (5)).
2 Where a special measures order is in force in relation to an occupied higher-risk building—
a subsection (1) has effect as if paragraph (b) were omitted, and
b the principal accountable person for the building must ensure that no building assessment certificate relating to the building is displayed in the building.
3 A person who, without reasonable excuse, contravenes subsection (1) or (2)(b) commits an offence.
4 A person guilty of an offence under this section is liable—
a on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
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.
5 In this section—
  • building assessment certificate” has the same meaning as in section 81;
  • relevant compliance notice”: a compliance notice is “relevant” if—
    1. it has been given to an accountable person for the building,
    2. 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
    3. the regulator has not notified the principal accountable person that the notice has been withdrawn.

Duties relating to building safety risks

I503I78383 Assessment of building safety risks

1 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.
2 Further such assessments must be made—
a at regular intervals,
b at any time that the accountable person has reason to suspect that the current assessment is no longer valid, and
c at the direction of the regulator, within a period specified in the direction.
3 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.
4 In this section “the relevant time” means—
a the time when the building becomes occupied, or
b if later, the time when the person becomes an accountable person for the building.

I108I78484 Management of building safety risks

1 An accountable person for an occupied higher-risk building must take all reasonable steps for the following purposes—
a preventing a building safety risk materialising as regards the part of the building for which they are responsible;
b reducing the severity of any incident resulting from such a risk materialising.
2 Those steps may in particular involve the accountable person carrying out works to the part of the building for which they are responsible.
3 When taking the steps the accountable person must act in accordance with prescribed principles.
4 The steps must be taken promptly.
5 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.

I390I78585 Safety case report

1 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—
a any assessment of the building safety risks made under section 83 by an accountable person for the building, and
b a brief description of any steps taken under section 84 by an accountable person for the building.
2 The principal accountable person must revise a safety case report if they consider it necessary or appropriate to do so following—
a any further assessment under section 83 made by an accountable person for the building, or
b the taking of further steps under section 84 by an accountable person for the building.
3 The Secretary of State may by regulations make further provision about the content and form of safety case reports.
4 In this section “the relevant time” means—
a the time when the building becomes occupied, or
b if later, the time when the person becomes the principal accountable person for the building.

I162I78686 Notification and provision of report to the regulator

1 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.
2 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.
3 The Secretary of State may by regulations make provision about—
a the content and form of notifications under this section;
b the way in which a notification or copy of a report must be given.
4 In this section “safety case report” has the same meaning as in section 85.

Duties relating to information and documents

I192I78787 Mandatory reporting requirements

1 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.
2 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.
3 In subsection (1)specified” means specified in a direction given and published by the regulator.
4 A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on summary conviction to a fine.
5 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.
6 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).
7 Information provided by a person under subsection (1) is not admissible in evidence against that person in criminal proceedings except—
a in proceedings for an offence under section 24 or this section,
b in proceedings for an offence of perverting the course of justice, or
c if in the proceedings—
i in giving evidence the person makes a statement inconsistent with the information, and
ii evidence as to the information that was provided is adduced, or a question relating to it is asked, by or on behalf of the person.

I615I78888 Keeping information about higher-risk buildings

1 An accountable person for a higher-risk building must—
a keep prescribed information in accordance with prescribed standards, and
b so far as possible keep such information up to date.
2 An accountable person for a higher-risk building must keep copies of prescribed documents in accordance with prescribed standards.
3 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.
4 The Secretary of State may by regulations make provision as to when the duties in subsections (1) to (3) apply.

I363I11389 Provision of information etc to the regulator, residents and other persons

1 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—
a the regulator,
b another accountable person for the building,
c residents of the building,
d owners of residential units in the building, or
e any other prescribed person.
2 The regulations may in particular make provision about—
a when information or a copy of a document must be given;
b the way in which information or copy of a document must be given;
c the form in which information must be given (and may in particular require that the information is given in an accessible form);
d the standards in accordance with which information or a copy of a document must be given.
3 The regulations may make exceptions to any duty imposed under the regulations.
4 Subject to subsection (5), the regulations may provide that the disclosure of information under this section does not breach—
a any obligation of confidence owed by the accountable person in relation to that information;
b any other restriction on the disclosure of information (however imposed).
5 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).
6 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.

I129I78990 Provision of information etc on change in accountable person

1 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.
2 The outgoing person must give prescribed information and a copy of any prescribed document to any person who, immediately after the relevant time—
a is an accountable person for the building, and
b is responsible for a part of the building for which the outgoing person ceased to be responsible at the relevant time.
3 The information and documents must be given—
a by the prescribed time,
b in the prescribed way, and
c in accordance with prescribed standards.
4 The outgoing person must give prescribed information to the regulator in the prescribed way, as soon as reasonably practicable after the relevant time.
5 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—
a any obligation of confidence owed by the outgoing person in relation to that information;
b any other restriction on the disclosure of information (however imposed).
6 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).
7 A person who, without reasonable excuse, contravenes subsection (2) or (4) commits an offence and is liable—
a on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
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.

Engagement with residents etc

I195I79091 Residents’ engagement strategy

1 The principal accountable person for an occupied higher-risk building must—
a as soon as reasonably practicable after the relevant time prepare a strategy (a “residents’ engagement strategy”) for promoting the participation of relevant persons in the making of building safety decisions;
b review the strategy at prescribed times, and revise it if they consider it necessary or appropriate to do so;
c in prescribed circumstances, consult relevant persons and prescribed persons on the strategy and take any representations made on the consultation into account when next reviewing the strategy;
d act in accordance with the strategy.
2 Building safety decision” means a decision by an accountable person for the building that—
a is about the management of the building, and
b is made in connection with the performance of a duty of the accountable person under, or under regulations made under, this Part.
3 The strategy must include information about—
a the information that will be provided to relevant persons about decisions relating to the management of the building,
b the aspects of those decisions that relevant persons will be consulted about,
c the arrangements for obtaining and taking account of the views of relevant persons, and
d how the appropriateness of methods for promoting participation will be measured and kept under review.
4 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—
a each resident of the building who—
i is aged 16 or over, and
ii resides in a residential unit in the part of the building for which the accountable person is responsible;
b each owner of a residential unit in that part of the building;
c any prescribed person.
5 The duty under subsection (4)(a) does not apply in relation to a resident if the accountable person—
a is not aware of the resident, and
b has taken all reasonable steps to make themselves aware of persons who reside in residential units in the part of the building for which the accountable person is responsible.
6 The Secretary of State may by regulations—
a make further provision about the content of a residents’ engagement strategy;
b make provision about the preparation, review or revision of a residents’ engagement strategy, in cases where there is more than one accountable person for the building;
c make provision about the way in which a copy of the strategy is to be given;
d make provision about consultations under this section.
7 In this section—
  • relevant persons” are—
    1. residents of the higher-risk building who are aged 16 or over, and
    2. owners of residential units in the building;
  • the relevant time” has the meaning given by section 85.

I458I79192 Requests for further information

1 This section applies where—
a a resident of an occupied higher-risk building who is aged 16 or over, or
b an owner of a residential unit in the building,
makes a request to an accountable person for the building to give them prescribed information or a copy of a prescribed document.
C72 The accountable person must as soon as reasonably practicable give the resident or owner the information or document requested.
3 The Secretary of State may by regulations make provision about— 
a the way in which information or a copy of a document must be given under this section;
b the form in which information must be given under this section (and may in particular require that the information is given in an accessible form).
4 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.
5 Subject to subsection (6), the regulations may provide that the disclosure of information under this section does not breach—
a any obligation of confidence owed by the person making the disclosure, or
b any other restriction on the disclosure of information (however imposed).
6 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).

I711I79293 Complaints procedure operated by principal accountable person

1 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.
2 The Secretary of State may by regulations make provision about the establishment and operation of complaints systems under this section.
3 The regulations may in particular make provision—
a about the way in which complaints may be made;
b about the period within which a complaint must be considered and dealt with;
c requiring the principal accountable person to refer a complaint to the regulator.
4 In this section—
  • relevant complaint” means a complaint relating to—
    1. a building safety risk as regards the building, or
    2. 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.

I109I79394 Complaints procedure operated by the regulator

1 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.
2 The regulator must consult the committee mentioned in section 11 (residents’ panel)—
a before the complaints system is established or, if the committee has not been established at the time the complaints system is established, as soon as reasonably practicable after the committee is established, and
b before making any significant change to the complaints system.
3 The Secretary of State may by regulations make provision about the establishment and operation of the complaints system under this section.
4 The regulations may in particular make provision about—
a the period within which a complaint must be considered and dealt with;
b action that the regulator must consider taking in response to a complaint.
5 In this section “relevant complaint” means a complaint relating to—
a a building safety risk as regards an occupied higher-risk building,
b the performance by an accountable person for an occupied higher-risk building of any duty under, or under regulations made under, this Part, or
c the performance by a special measures manager of any function conferred on the manager by a special measures order.

Residents' etc duties

I774I79495 Duties on residents and owners

1 This section applies to—
a a resident of a residential unit in an occupied higher-risk building who is aged 16 or over;
b an owner of a residential unit in such a building.
2 A person to whom this section applies—
a must not act in a way that creates a significant risk of a building safety risk materialising;
b must not interfere with a relevant safety item;
c must comply with a request, made by the appropriate accountable person, for information reasonably required for the purposes of a duty under section 83 or 84.
3 For the purposes of subsection (2)(b) a person “interferes” with a relevant safety item if they, without reasonable excuse—
a damage it,
b remove it, or
c do anything to, or in relation to, it that interferes with its intended function.
4 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—
    1. anything that—
      1. is in, or forms part of, the common parts (as defined by section 72), and
      2. is intended to improve the safety of people in or about the building in relation to a building safety risk, or
    2. any other prescribed thing.

I62I79596 Contravention notices

1 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).
2 The appropriate accountable person may give a contravention notice to the relevant person.
3 A “contravention notice” is a notice that—
a specifies the alleged contravention;
b specifies any steps that the appropriate accountable person considers the relevant person should take in order to remedy the contravention, and a reasonable time for the taking of those steps;
c specifies anything that the appropriate accountable person considers the relevant person should refrain from doing, to avoid further contraventions of the duty;
d contains an explanation of the steps that the appropriate accountable person may take under this section if the notice is not complied with.
4 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.
5 A sum may be specified in a contravention notice under subsection (4) only if—
a it is necessary to repair or replace the relevant safety item as a result of the contravention, and
b the sum specified does not exceed the reasonable cost of repairing or replacing (as the case may be) that item.
6 The Secretary of State may by regulations make provision about contravention notices, including—
a provision about the form of a notice and the way a notice is to be given, and
b further provision about the content of a notice.
7 The county court may, on an application made by the appropriate accountable person, make an order under this section if satisfied that—
a a contravention notice has been given,
b the contravention alleged in the notice occurred, and
c it is necessary to make the order.
8 An order under this section may—
a require a relevant person to provide specified information or do a specified thing, by a specified time;
b prohibit a relevant person from doing a specified thing;
c where a contravention notice requires a sum to be paid under subsection (4), require a relevant person to pay to the appropriate accountable person a specified sum.
“Specified” here means specified in the order.
9 A sum specified in an order under subsection (8)(c) may not exceed the sum specified in the contravention notice.
10 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).

I416I79697 Access to premises

1 This section applies where —
a an accountable person for an occupied higher-risk building makes a request to a relevant person to enter relevant premises,
b the request is made for the purpose of—
i facilitating the performance of a duty under section 83 or 84 (assessment of building safety risk etc), or
ii determining whether a duty under section 95 (duties on residents and owners) has been contravened,
c the request is within subsection (2), and
d entry to the premises is not given.
2 A request is within this subsection if it—
a is in writing,
b sets out the purpose for which it is made,
c contains an explanation of why it is necessary to enter the premises for that purpose,
d requests access to the premises at a reasonable time, and
e is made at least 48 hours before the time mentioned in paragraph (d).
3 The accountable person may apply to the county court for an order—
a requiring the relevant person to allow the accountable person, or a person authorised by the accountable person, to enter the relevant premises at a reasonable time for the purpose mentioned in the request, and
b if necessary for that purpose, authorising the taking of measurements, photographs, recordings or samples by the accountable person or authorised person.
4 The county court—
a may make an order under subsection (3)(a) or (b) if satisfied that it is necessary to do so for the purpose mentioned in the request;
b must, if it does so, specify a date on which, or in a period within which, the accountable person or authorised person may enter the relevant premises for that purpose.
5 In this section—
  • relevant person” in relation to relevant premises means—
    1. a resident of those premises who is aged 16 or over;
    2. where those premises are controlled but not occupied, a person controlling those premises;
    3. 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—
    1. a resident of a residential unit in the building, or
    2. an owner of a residential unit in the building.

Enforcement

I194I79798 Duty on regulator to enforce Part

The regulator must enforce the provisions of this Part and regulations made under it.

I219I41299 Compliance notices

1 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.
2 A “compliance notice” is—
a a notice requiring the accountable person to take specified steps within a specified period, or
b a notice requiring the accountable person to remedy the contravention or the matters giving rise to it within a specified period.
3 A notice of a kind mentioned in subsection (2)(a) may specify any steps relating to—
a the remedying of the contravention, or
b avoiding the contravention occurring.
4 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”).
5 A person who, without reasonable excuse, contravenes a compliance notice commits an offence.
6 A person guilty of an offence under this section is liable—
a on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
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.
7 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.

I448I393100 Compliance notices: supplementary

1 The Secretary of State may by regulations make further provision about compliance notices.
2 The regulations may in particular make provision about—
a the form and content of notices;
b the giving of notices;
c the amendment or withdrawal of notices;
d the extension of any period specified in a compliance notice for the doing of a thing.
3 Subsection (4) applies where the regulator has given a compliance notice to an accountable person for a higher-risk building. 
4 The regulator must take reasonable steps to notify—
a the local authority for the area in which the building is situated;
b the fire and rescue authority for the area in which the building is situated;
c where the accountable person for the building is a registered provider of social housing, the Regulator of Social Housing;
d any other prescribed person.

I414I798101 Offence: contravention giving rise to risk of death and serious injury

1 An accountable person for a higher-risk building commits an offence if—
a without reasonable excuse, the accountable person contravenes a relevant requirement, and
b the contravention places one or more people in or about the building at critical risk.
2 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.
3 A person guilty of an offence under this section is liable—
a on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
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.

Special measures

I551I799102 Special measures

Schedule 7 provides for the appointment of a special measures manager, to undertake duties under this Part in place of an accountable person, and makes further provision in connection with that appointment.

Appeals etc

I127I758103 Appeals against compliance notice etc

1 A person to whom a compliance notice has been given may appeal to the tribunal.
2 An appeal may be on the grounds—
a that the person has not contravened, is not contravening, or is not likely to contravene, a relevant requirement;
b that it is unreasonable to require the person to do any thing specified to be done in the notice.
3 Where an appeal under subsection (1) is made and the compliance notice is not an urgent action notice—
a the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and
b the specified period mentioned in section 99(2)(a) is treated as extended by the period—
i beginning with the day on which the appeal is made, and
ii ending with the day on which the appeal is finally determined or withdrawn.
4 Where an appeal under subsection (1) is made and the compliance notice is an urgent action notice—
a the appellant may apply to the tribunal for a direction that the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and
b unless and until any such direction is given, the compliance notice continues to have effect despite the making of the appeal.
5 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.
6 Subsections (3) and (4) apply to such an application as they apply to an appeal under subsection (1).
7 In this section “urgent action notice” has the meaning given by section 99(4).

I637I460104 Appeals against decisions of the regulator made under this Part

1 This section applies in relation to a decision of the regulator—
a not to register a building on an application under section 78(1);
b to remove a building from the register under section 78(3);
c to refuse an application for a building assessment certificate under section 81(3);
d to give a direction under section 83(2).
2 An affected person may appeal the decision.
3 An appeal may be on the grounds—
a that the decision was based on an error of fact;
b that the decision was wrong in law;
c that the decision was unreasonable.
4 In this section “an affected person” means—
a in relation to a decision of the regulator mentioned in paragraph (a) or (b) of subsection (1), an accountable person for the higher-risk building (or a person who would be an accountable person for the building if the building were a higher-risk building);
b in relation to a decision of the regulator mentioned in paragraph (c) of subsection (1), an accountable person for the higher-risk building;
c in relation to a decision of the regulator mentioned in paragraph (d) of subsection (1), the accountable person subject to the direction.

I763I553105 Appeals against decisions of the regulator made under regulations

1 This section applies in relation to a prescribed decision of the regulator made under regulations made under this Part.
2 A prescribed person may appeal to the tribunal against the decision.
3 An appeal may be made only on prescribed grounds.

I396I83106 Appeals: supplementary

1 This section applies in relation to an appeal to the tribunal under section 103(1), 104 or 105.
2 The tribunal—
a must consider afresh the decision appealed against, and
b may take into account evidence that was not available to the regulator.
3 The tribunal may confirm, vary or quash the decision of the regulator.
4 The Secretary of State may, by regulations—
a provide for the suspension during the appeal period of the effect of a notice (other than a compliance notice) given or other thing done by the regulator;
b make other provision about the effect during the appeal period of an appeal (including provision conferring powers on the tribunal).
5 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.

I521I229107 Enforcement of decisions of the First-tier and Upper Tribunal

1 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.
2 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)).

Miscellaneous and general

I482I490108 Guidance

1 The regulator may issue guidance about any of the following matters—
a the performance of any duties under section 87 (mandatory reporting requirements);
b the performance of any duties under section 88 or 89 (duty to keep or give information);
c the performance of any duties under section 92 (duty to give further information to residents);
d the performance of any duties under section 93 (complaints procedure).
2 The regulator may revise or withdraw any issued guidance.
3 Where in any proceedings it is alleged that a person has contravened a provision mentioned in subsection (1)
a proof of a failure to comply with any applicable guidance may be relied on as tending to establish that there was such a contravention, and
b proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such contravention.
4 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.
5 Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State.
6 In this section any reference to a provision includes regulations made under the provision.

I732I394109 Cooperation and coordination

1 Subsection (2) applies if there is more than one accountable person for an occupied higher-risk building.
2 When carrying out their duties under, or under regulations made under, this Part, each accountable person must so far as possible—
a cooperate with every other accountable person for the building, and
b coordinate with every other accountable person for the building.
3 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.
4 The accountable person must cooperate with each responsible person for the purpose of each responsible person carrying out their duties under the Order.

I579I594110 Managers appointed under Part 2 of the Landlord and Tenant Act 1987

1 Section 24 of the Landlord and Tenant Act 1987 (appointment of a manager by a tribunal) is amended as follows.
2 After subsection (2ZA) insert—
3 After subsection (2D) (inserted by paragraph 8(3) of Schedule 7) insert—

I738I800111 Building safety directors of resident management companies

1 This section applies in relation to a resident management company that is an accountable person for a higher-risk building.
2 The articles of association of the resident management company have effect as if they included such provision as may be prescribed relating to—
a eligibility for appointment as a director of the company, for a building safety purpose;
b the appointment of a director for such a purpose;
c the entitlement to remuneration of a director appointed for such a purpose;
d the removal of a director so appointed.
3 Subsection (2) has effect—
a whether or not the provision is adopted by the company;
b whether the company was formed before or after the coming into force of this section;
c notwithstanding anything in the company’s articles of association.
4 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.

Landlord and tenant etc

I380112 Implied terms in leases and recovery of safety related costs

I341 The Landlord and Tenant Act 1985 is amended in accordance with subsections (2) to (6).
I7472 After section 30B insert—
I523 After section 20E (inserted by section 133) insert—
I654 In section 21 (service charge information) after subsection (6) insert—
I655 In section 30 (meaning of “landlord” and “tenant”)—
a after the definition of “landlord” insert—
;
b in the heading for ““flat”, “landlord” and “tenant”” substitute ““landlord”, “tenant” etc”.
I2386 In section 32(1) (business tenancies), after the entry relating to section 17 insert—
7 In section 172(1)(a) of the Commonhold and Leasehold Reform Act 2002 (application to Crown)—
a for “30B” substitute 30I;
b after “agents” insert “and building safety”.

I480113 Provision of building safety information

1 The Landlord and Tenant Act 1987 is amended in accordance with subsections (2) to (4).
2 After section 47 insert—
3 After section 49 insert—
4 In section 53(2)(b) (regulations and orders), after “42A” insert “or 49A”.
5 In section 172(1)(d) of the Commonhold and Leasehold Reform Act 2002 (application to Crown), for “49” substitute “49A”.

I331I156114 Commonholds

1 The Commonhold and Leasehold Reform Act 2002 is amended as follows.
2 In section 13(3) (joint unit-holders), after paragraph (fa) insert—
.
3 In section 14 (use and maintenance)—
a in the heading, for “and maintenance” substitute “, maintenance and building safety”;
b after subsection (3) insert—
4 In section 26 (use and maintenance)—
a in the heading, for “and maintenance” substitute “, maintenance and building safety”;
b the existing subsection becomes subsection (1);
c after that subsection insert—
5 In section 31(5) (form and content of commonhold community statement), after paragraph (d) insert—
.
6 In section 32(5)(a) (regulations), after “38,” insert 38A,”.
7 In section 38 (commonhold assessment), after subsection (2) insert—
8 After section 38 insert—
9 In section 69(1) (interpretation), before the definition of “instrument” insert—
.

Interpretation

I368115 Interpretation of Part 4

In this Part
  • accountable person” has the meaning given by section 72;
  • building safety risk” has the meaning given by section 62;
  • compliance notice” has the same meaning as in section 99;
  • contravention” includes a failure to comply;
  • the data protection legislation” has the meaning given by section 30;
  • fire and rescue authority” has the meaning given by section 30;
  • higher-risk building” has the meaning given by section 65;
  • local authority” has the meaning given by section 30;
  • long lease” means—
    1. a lease granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture, or
    2. a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease;
  • major incident” has the meaning given by section 63;
  • maximum summary term for either-way offences” has the meaning given by section 30;
  • occupied”: any reference to an “occupied” higher-risk building is to be read in accordance with section 71;
  • owner” means the person—
    1. for the time being receiving the rackrent of the premises in question, whether on the person’s own account or as agent or trustee for another person, or
    2. who would so receive it if those premises were let at a rackrent;
    and for this purpose “rackrent” has the meaning given by section 126 of the Building Act 1984;
  • prescribed” means prescribed by regulations made by the Secretary of State;
  • principal accountable person” has the meaning given by section 73;
  • registered provider of social housing” has the meaning given by section 80 of the Housing and Regeneration Act 2008;
  • the regulator” has the meaning given by section 2;
  • resident” and “resident of a higher-risk building” have the meaning given by section 71;
  • residential unit” means—
    1. a dwelling, or
    2. any other unit of living accommodation;
  • responsible”: any reference to the part of a higher-risk building for which an accountable person is responsible is to be read in accordance with section 74;
  • special measures manager” has the meaning given by paragraph 1 of Schedule 7;
  • special measures order” has the meaning given by paragraph 1 of Schedule 7;
  • the tribunal” means the First-tier Tribunal.

Part 5 Other provision about safety, standards etc

Remediation of certain defects

I471116 Remediation of certain defects

1 Sections 117 to 124 and Schedule 8 make provision in connection with the remediation of relevant defects in relevant buildings.
2 In those sections—
a sections 117 to 121 define “relevant building”, “qualifying lease”, “the qualifying time”, “relevant defect” and “associate”;
b section 122 and Schedule 8 contain protections for tenants in respect of costs connected with relevant defects, and impose liabilities on certain landlords;
c section 123 makes provision about remediation orders, under which a landlord in a relevant building is required to remedy certain relevant defects;
d section 124 makes provision about remediation contribution orders, under which an associate of a landlord in a relevant building is required to contribute towards the costs of remedying certain relevant defects;
F8e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I158C1117 Meaning of “relevant building”

1 This section applies for the purposes of sections 119 to 124 and Schedule 8.
2 Relevant building” means a self-contained building, or self-contained part of a building, in England that contains at least two dwellings and—
a is at least 11 metres high, or
b has at least 5 storeys.
This is subject to subsection (3).
3 Relevant building” does not include a self-contained building or self-contained part of a building—
a in relation to which a right under Part 1 of the Landlord and Tenant Act 1987 (tenants’ right of first refusal) or Part 3 of that Act (compulsory acquisition by tenants of landlord’s interest) has been exercised,
b in relation to which the right to collective enfranchisement (within the meaning of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993) has been exercised,
c if the freehold estate in the building or part of the building is leaseholder owned (within the meaning of regulations made by the Secretary of State), or
d which is on commonhold land.
4 For the purposes of this section a building is “self-contained” if it is structurally detached.
5 For the purposes of this section a part of a building is “self-contained” if—
a the part constitutes a vertical division of the building,
b the structure of the building is such that the part could be redeveloped independently of the remainder of the building, and
c the relevant services provided for occupiers of that part—
i are provided independently of the relevant services provided for occupiers of the remainder of the building, or
ii could be so provided without involving the carrying out of any works likely to result in a significant interruption in the provision of any such services for occupiers of the remainder of the building.
6 In subsection (5)relevant services” means services provided by means of pipes, cables or other fixed installations.

I734118 Section 117: height of buildings and number of storeys

1 This section applies for the purpose of section 117.
2 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).
3 When determining the number of storeys in a building—
a any storey below ground level is to be disregarded;
b any mezzanine floor is to be regarded as a storey if its internal floor area is at least half of the internal floor area of the largest storey in the building which is not below ground level.
4 In subsection (2)ground level”, in relation to a building, means—
a the level of the surface of the ground immediately adjacent to the building, or
b where the level of the surface of the ground on which the building is situated is not uniform, the level of the lowest part of the surface of the ground immediately adjacent to it.
5 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.

I520119 Meaning of “qualifying lease” and “the qualifying time”

1 This section applies for the purposes of sections 122 to 124 and Schedule 8.
2 A lease is a “qualifying lease” if—
a it is a long lease of a single dwelling in a relevant building,
b the tenant under the lease is liable to pay a service charge,
c the lease was granted before 14 February 2022, and
d at the beginning of 14 February 2022 (“the qualifying time”)—
i the dwelling was a relevant tenant’s only or principal home,
ii a relevant tenant did not own any other dwelling in the United Kingdom, or
iii a relevant tenant owned no more than two dwellings in the United Kingdom apart from their interest under the lease.
3 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”.
3A A connected replacement lease (see section 119A) is also a “qualifying lease”.
4 For the purposes of this section—
a long lease” means a lease granted for a term of years certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise;
b a person “owns” a dwelling in England, Wales or Northern Ireland if the person has a freehold interest in it or is a tenant under a long lease of it;
c relevant tenant” means a person who, at the qualifying time, was the tenant, or any of the tenants, under the lease mentioned in subsection (2);
d service charge” has the meaning given by section 18 of the Landlord and Tenant Act 1985.

119A Meaning of “connected replacement lease”

1 For the purposes of section 119 (and this section) a lease (the “new lease”) is a “connected replacement lease” if—
a the new lease is a lease of a single dwelling in a relevant building,
b the tenant under the new lease is liable to pay a service charge,
c the new lease was granted on or after 14 February 2022,
d the new lease replaces—
i one other lease, which is a qualifying lease (whether under section 119(2) or (3A)), or
ii two or more other leases, at least one of which is a qualifying lease (whether under section 119(2) or (3A)), and
e there is continuity in the property let.
2 For the purposes of subsection (1)(d), the new lease replaces another lease if—
a the term of the new lease begins during the term of the other lease, and the new lease is granted in substitution of the other lease, or
b the term of the new lease begins at the end of the term of the other lease (regardless of when the lease is granted).
3 For the purposes of subsection (2)(a), the circumstances in which the new lease is granted in substitution of another lease include circumstances where—
a the new lease is granted by way of a surrender and regrant of the other lease (including a deemed surrender and regrant, whether deemed under an enactment or otherwise);
b the new lease is granted under—
i section 24 of the Landlord and Tenant Act 1954 (renewed business leases),
ii section 14 of, or Schedule 1 to, the Leasehold Reform Act 1967 (extension of leases of houses), or
iii section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (extension of leases of flats),
in a case where that provision of that Act applies by virtue of the other lease.
4 For the purposes of subsection (1)(e) there is continuity in the property let if—
a the newly let property is exactly the same as the already let property,
b the newly let property consists of some or all of the already let property, together with other property (whether or not that other property was previously let) (a “property combination”), or
c the newly let property consists of some, but not all, of the already let property (but no other property) (a “property reduction”).
5 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.
6 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.
7 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.
8 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.
9 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—
a began when the term of the initial qualifying lease in that chain began, and
b ends when the term of the current connected replacement lease in that chain ends.
10 The Secretary of State may by regulations make provision about the meaning of “connected replacement lease” (including provision changing the meaning).
11 The provision that may be made in regulations under this section includes—
a provision which amends this section;
b provision which has retrospective effect.
12 Provision in regulations under this section made by virtue of section 168(2)(a) (consequential provision etc) may (in particular) amend this Act.
13 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—
    1. an initial qualifying lease which is the preceding qualifying lease in relation to a connected replacement lease (the “first replacement lease”),
    2. the first replacement lease, and
    3. any other connected replacement lease if the preceding qualifying lease in relation to it is—
      1. the first replacement lease, or
      2. 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—
    1. in a case within subsection (1)(d)(i), the lease which the new lease replaces;
    2. in a case within subsection (1)(d)(ii), a lease which—
      1. the new lease replaces, and
      2. is a qualifying lease.
14 The definitions in section 119(4) also apply for the purposes of this section.

I163120 Meaning of “relevant defect” and “relevant steps”

1 This section applies for the purposes of sections 122 to 124 and Schedule 8.
2 Relevant defect”, in relation to a building, means a defect as regards the building that—
a arises as a result of anything done (or not done), or anything used (or not used), in connection with relevant works, and
b causes a building safety risk.
3 In subsection (2)relevant works” means any of the following—
a works relating to the construction or conversion of the building, if the construction or conversion was completed in the relevant period;
b works undertaken or commissioned by or on behalf of a relevant landlord or management company, if the works were completed in the relevant period;
c works undertaken after the end of the relevant period to remedy a relevant defect (including a defect that is a relevant defect by virtue of this paragraph).
“The relevant period” here means the period of 30 years ending with the time this section comes into force.
4 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.
4A Relevant steps”, in relation to a relevant defect, means steps which have as their purpose—
a preventing or reducing the likelihood of a fire or collapse of the building (or any part of it) occurring as a result of the relevant defect,
b reducing the severity of any such incident, or
c preventing or reducing harm to people in or about the building that could result from such an incident.
5 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—
    1. the spread of fire, or
    2. 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.

I536C5121 Associated persons

1 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).
2 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.
3 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”).
4 A body corporate is associated with any person who was a director of the body corporate at any time in the relevant period.
5 A body corporate is associated with another body corporate if—
a at any time in the relevant period a person was a director of both of them, or
b at the qualifying time, one of them controlled the other or a third body corporate controlled both of them.
Subsections (6) to (8) set out the cases in which a body corporate is regarded as controlling another body corporate.
6 A body corporate (X) controls a company (Y) if X possesses or is entitled to acquire—
a at least half of the issued share capital of Y,
b such rights as would entitle X to exercise at least half of the votes exercisable in general meetings of Y,
c such part of the issued share capital of Y as would entitle X to at least half of the amount distributed, if the whole of the income of Y were in fact distributed among the shareholders, or
d such rights as would, in the event of the winding up of Y or in any other circumstances, entitle it to receive at least half of the assets of Y which would then be available for distribution among the shareholders.
7 A body corporate (X) controls a limited liability partnership (Y) if X—
a holds a majority of the voting rights in Y,
b is a member of Y and has a right to appoint or remove a majority of other members, or
c is a member of Y and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in Y.
8 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.
9 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.
10 In determining whether one body corporate (X) controls another, X is treated as possessing—
a any rights and powers possessed by a person as nominee for it, and
b any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).
11 In this section “partnership” means—
a a partnership within the meaning of the Partnership Act 1890, or
b a limited partnership registered under the Limited Partnerships Act 1907,
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).
12 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.

I468122 Remediation costs under qualifying leases etc

Schedule 8
a provides that certain service charge amounts relating to relevant defects in a relevant building are not payable, and
b makes provision for the recovery of those amounts from persons who are landlords under leases of the building (or any part of it).

I621123 Remediation orders

1 The Secretary of State may by regulations make provision for and in connection with remediation orders.
2 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—
a remedy specified relevant defects in a specified relevant building;
b take specified relevant steps in relation to a specified relevant defect in a specified relevant building.
3 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.
4 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.
5 In this section “interested person”, in relation to a relevant building, means—
a the regulator (as defined by section 2),
b a local authority (as defined by section 30) for the area in which the relevant building is situated,
c a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated,
d a person with a legal or equitable interest in the relevant building or any part of it, or
e any other person prescribed by the regulations.
6 In this section—
  • relevant building”: see section 117;
  • relevant defect”: see section 120;
  • relevant steps”: see section 120;
  • specified” means specified in the order.
7 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.
8 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).
9 In subsection (8), “expert report” means an expert report or survey relating to—
a relevant defects, or potential relevant defects, in a relevant building;
b relevant steps taken or that might be taken in relation to a relevant defect in a relevant building.

I702C2124 Remediation contribution orders

1 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.
2 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.
2A The following descriptions of costs, among others, fall within subsection (2)—
a costs incurred or to be incurred in taking relevant steps in relation to a relevant defect in the relevant building;
b costs incurred or to be incurred in obtaining an expert report relating to the relevant building;
c temporary accommodation costs incurred or to be incurred in connection with a decant from the relevant building (or from part of it) that took place or is to take place—
i to avoid an imminent threat to life or of personal injury arising from a relevant defect in the building,
ii (in the case of a decant from a dwelling) because works relating to the building created or are expected to create circumstances in which those occupying the dwelling cannot reasonably be expected to live, or
iii for any other reason connected with relevant defects in the building, or works relating to the building, that is prescribed by regulations made by the Secretary of State.
2B 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).
3 A body corporate or partnership may be specified as a person required to make payments only if it is—
a a landlord under a lease of the relevant building or any part of it,
b a person who was such a landlord at the qualifying time,
c a developer in relation to the relevant building, or
d a person associated with a person within any of paragraphs (a) to (c).
4 An order may—
a require the making of payments of a specified amount, F27...;
aa if it does not require the making of payments of a specified amount, determine that a specified body corporate or partnership is liable for the reasonable costs of specified things done or to be done;
b require a payment to be made at a specified time, or to be made on demand following the occurrence of a specified event.
5 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—
    1. the Secretary of State,
    2. the regulator (as defined by section 2),
    3. a local authority (as defined by section 30) for the area in which the relevant building is situated,
    4. a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated,
    5. a person with a legal or equitable interest in the relevant building or any part of it, or
    6. 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—
    1. the costs of the temporary accommodation, and
    2. other costs resulting from the decant, including removal costs, storage costs and reasonable travel costs;
  • works” means works—
    1. to remedy a relevant defect in a relevant building, or
    2. in connection with the taking of relevant steps in relation to such a defect.
6 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.

F14125 Meeting remediation costs of insolvent landlord

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

125A Notifications by insolvency practitioners

1 This section applies if an insolvency practitioner is appointed in relation to a responsible person for a higher-risk building or a relevant building.
2 For the purposes of this section, a person is “a responsible person” for a building if—
a in the case of a higher-risk building, the person is an accountable person for the building (see section 72 for the meaning of “accountable person” for a higher-risk building);
b in the case of a relevant building that is not a higher-risk building, the person would be an accountable person for the building if section 72 were read as applying to such a building (and as if the reference in that section to a residential unit were a reference to a dwelling).
3 The insolvency practitioner must give the information in subsection (6) (“the required information”) to—
a the local authority for the area in which the building for which the person is a responsible person is situated, or (if applicable) each local authority in whose area a building for which the person is a responsible person is situated, and
b the fire and rescue authority for the area in which the building for which the person is a responsible person is situated, or (if applicable) each fire and rescue authority in whose area a building for which the person is a responsible person is situated.
4 If the insolvency practitioner is appointed in relation to an accountable person for a higher-risk building, the practitioner must also give the required information to the regulator.
5 The required information must be provided within the period of 14 days beginning with the day on which the insolvency practitioner is appointed.
6 The information is as follows—
a the name and address of the person in relation to whom the insolvency practitioner is appointed;
b the address of each higher-risk building or relevant building for which the person is a responsible person (but see subsection (7));
c an official copy of the register of title and title plan relating to each registered estate or interest the person holds in such a building, if any (but see subsection (7));
d the nature of the practitioner’s appointment;
e the practitioner’s name, address, telephone number and email address (if any);
f so much of the information set out in the table in rule 1.6 of the Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024) as is known to the practitioner.
7 A local authority or fire and rescue authority need only be notified about buildings, or registered estates or interests in buildings, in their area.
8 In this section “insolvency practitioner” means—
a an administrator;
b an administrative receiver;
c a receiver appointed by the courts or by a mortgagee;
d a liquidator;
e a trustee in bankruptcy.
9 In this section—
  • fire and rescue authority” has the meaning given by section 30;
  • higher-risk building” has the same meaning as in Part 4 (see section 65);
  • local authority” has the meaning given by section 30;
  • register of title” means the register kept under section 1 of the Land Registration Act 2002;
  • the regulator” has the meaning given by section 2;
  • relevant building” has the meaning given by section 117;
  • title plan” means a plan based on the Ordnance Survey map and referred to in the register of title.

Building industry schemes

I243I648126 Building industry schemes

1 The Secretary of State may by regulations—
a establish a scheme to be maintained by the Secretary of State, or a person designated by the Secretary of State and acting on the Secretary of State’s behalf, and
b make provision about the scheme.
2 A scheme may be established for any purpose connected with—
a securing the safety of people in or about buildings in relation to risks arising from buildings, or
b improving the standard of buildings,
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.
3 Regulations that establish a scheme must prescribe—
a the descriptions of persons in the building industry who may be members of the scheme (“eligible persons”), and
b the conditions that an eligible person must meet in order to become, and remain, a member of the scheme (“membership conditions”),
and may provide for different categories of membership.
4 The membership conditions that may be prescribed include in particular conditions relating to—
a the remedying of defects in buildings with which an eligible person has a connection of a prescribed kind;
b the making of financial contributions towards meeting costs associated with remedying defects in buildings (including buildings with which an eligible person has no connection);
c the use (or use in prescribed cases) of construction products (or construction products of a prescribed description) of prescribed persons carrying out activities in relation to construction products;
d the provision of information to the Secretary of State or any other person;
e the competence or conduct of any individual connected with an eligible person (for example, any director or senior manager of an eligible person) or any person with whom an eligible person contracts;
f whether persons with whom an eligible person contracts are members of a scheme.
In paragraph (e)conduct” includes conduct occurring before the coming into force of this section.
5 The descriptions of persons prescribed by virtue of subsection (4)(c) may in particular be prescribed by reference to—
a being eligible to be members of a scheme and not being members of that scheme;
b their conduct in relation to remedying defects in buildings or contributing to costs associated with remedying defects in buildings.
6 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.
7 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).
8 Regulations may make provision about the keeping and publication of other lists.

I519I461127 Building industry schemes: supplementary

1 This section supplements section 126.
2 Regulations may make provision about—
a applications for membership of a scheme;
b renewal of membership at prescribed intervals;
c termination of a person’s membership;
d the suspension of a person from membership.
3 Regulations may provide for the charging of fees, in connection with—
a an application for membership;
b renewal of membership;
c a review;
d any other prescribed matter.
4 Regulations may provide for membership conditions to be framed by reference to—
a standards, or a document, from time to time published by any person;
b the opinion of the Secretary of State, or a designated person, in relation to any matter.
5 Regulations may make provision about the determination of disputes.
6 Regulations may make provision about the termination of a scheme.
7 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)—
    1. a manufacturer of construction products,
    2. a person who markets or supplies construction products to others, and
    3. 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.

Prohibitions on development and building control

I610I187128 Prohibition on development for prescribed persons

1 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).
2 The descriptions of persons which may be prescribed include in particular persons who—
a are eligible to be members of a scheme established under section 126, and
b are not members of that scheme.
3 A prohibition under the regulations may be imposed for any purpose connected with—
a securing the safety of people in or about buildings in relation to risks arising from buildings, or
b improving the standard of buildings,
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.
4 A prohibition under the regulations applies despite planning permission (or any prescribed description of planning permission) having been granted.
5 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).
6 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).
7 The regulations may contain exceptions.
8 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).
9 For the purposes of this section—
a the 1990 Act” means the Town and Country Planning Act 1990;
b building” means a building in England;
c development” has the meaning given by section 55 of the 1990 Act;
d planning permission” has the meaning given by section 336 of the 1990 Act;
e prescribed” means prescribed by regulations under this section;
f standard” is to be read in accordance with section 30.

I586I81129 Building control prohibitions

1 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.
2 The descriptions of persons which may be prescribed include in particular persons who—
a are eligible to be members of a scheme established under section 126, and
b are not members of that scheme.
3 A building control prohibition may be imposed for any purpose connected with—
a securing the safety of people in or about buildings in relation to risks arising from buildings, or
b improving the standard of buildings,
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.
4 A “building control prohibition”, in relation to a person, prohibits—
a the person from applying for building control approval or from depositing plans,
b the person from giving an initial notice (whether or not jointly with anyone else) or a public body’s notice, public body’s plans certificate or public body’s final certificate,
c the granting of building control approval to the person,
d the passing of plans deposited by the person,
e the acceptance of an initial notice given by the person (whether or not jointly with anyone else) or a public body’s notice, public body’s plans certificate or public body’s final certificate given by the person,
f the giving of a final certificate in relation to works carried out by the person,
g the person from giving a prescribed document,
h the giving of a prescribed document to the person or in respect of works carried out by the person, or
i the acceptance of any prescribed document given by the person or in respect of works carried out by the person.
5 A building control prohibition applies despite any provision made by or under the Building Act 1984.
6 The regulations may contain exceptions.
7 The regulations may provide that anything done in contravention of the regulations is of no effect.
8 Any reference in this section to a building or proposed building is to a building or proposed building in England.
9 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.

Building liability orders

I632I506130 Building liability orders

1 The High Court may make a building liability order if it considers it just and equitable to do so.
2 A “building liability order” is an order providing that any relevant liability (or any relevant liability of a specified description) of a body corporate (“the original body”) relating to a specified building is also—
a a liability of a specified body corporate, or
b a joint and several liability of two or more specified bodies corporate.
3 In this section “relevant liability” means a liability (whether arising before or after commencement) that is incurred—
a under the Defective Premises Act 1972 or section 38 of the Building Act 1984, or
b as a result of a building safety risk.
4 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.
5 A building liability order—
a may be made in respect of a liability of a body corporate that has been dissolved (including where dissolution occurred before commencement);
b continues to have effect even if the body corporate is dissolved after the making of the order.
6 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—
    1. beginning with the beginning of the carrying out of the works in relation to which the relevant liability was incurred, and
    2. ending with the making of the order;
  • specified” means specified in the building liability order.

I756I495131 Building liability orders: associates

1 For the purposes of section 130, a body corporate (A) is associated with another body corporate (B) if—
a one of them controls the other, or
b a third body corporate controls both of them.
Subsections (2) to (4) set out the cases in which a body corporate is regarded as controlling another body corporate.
2 A body corporate (X) controls a company (Y) if X possesses or is entitled to acquire—
a at least half of the issued share capital of Y,
b such rights as would entitle X to exercise at least half of the votes exercisable in general meetings of Y,
c such part of the issued share capital of Y as would entitle X to at least half of the amount distributed, if the whole of the income of Y were in fact distributed among the shareholders, or
d such rights as would, in the event of the winding up of Y or in any other circumstances, entitle it to receive at least half of the assets of Y which would then be available for distribution among the shareholders.
3 A body corporate (X) controls a limited liability partnership (Y) if X—
a holds a majority of the voting rights in Y,
b is a member of Y and has a right to appoint or remove a majority of other members, or
c is a member of Y and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in Y.
4 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.
5 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.
6 In determining under any of subsections (2) to (4) whether one body corporate (X) controls another, X is treated as possessing—
a any rights and powers possessed by a person as nominee for it, and
b any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).
7 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.

I112I211I447132 Order for information in connection with building liability order

1 A person of a prescribed description may apply to the High Court for an information order.
2 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.
3 An information order may be made only if it appears to the court—
a that the body corporate is subject to a relevant liability (within the meaning of section 130), and
b that it is appropriate to require the information or documents to be provided for the purpose of enabling the applicant (or the applicant and others) to make, or consider whether to make, an application for a building liability order.
4 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.

Remediation and redress: other provisions

I599I102133 Service charges in respect of remediation works

1 The Landlord and Tenant Act 1985 is amended as follows.
2 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,”.
3 In section 20ZA (consultation requirements: supplementary) after subsection (5) insert—
4 After section 20C insert—

I771134 Duties relating to work to dwellings etc

1 In the Defective Premises Act 1972 after section 2 insert—
2 The amendment made by this section applies in relation to work completed after the coming into force of this section.

I595135 Limitation periods

1 After section 4A of the Limitation Act 1980 insert—
2 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”.
3 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.
4 In a case where—
a by virtue of section 1 of the Defective Premises Act 1972 a person became entitled, before the day on which this section came into force, to bring an action against any other person, and
b the period of 30 years from the date on which the right of action accrued expires in the initial period,
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.
5 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.
6 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).
7 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.

New homes ombudsman scheme

I429136 Establishment of the new homes ombudsman scheme

1 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).
2 Examples of arrangements under subsection (1) are arrangements—
a with another person under which that other person agrees to establish and maintain the new homes ombudsman scheme in accordance with the terms of the arrangements,
b under which the new homes ombudsman scheme is established and maintained by (or on behalf of) the Secretary of State, or
c for the maintenance of the new homes ombudsman scheme, in accordance with the terms of the arrangements, by a person other than the person who established it.
3 The Secretary of State may—
a give financial assistance (by way of grant, loan, guarantee or in any other form) to a person for the establishment or maintenance of the new homes ombudsman scheme;
b make payments to such a person (otherwise than as financial assistance) in accordance with arrangements under subsection (1).
4 Before making arrangements under subsection (1), the Secretary of State must consult—
a the Welsh Ministers,
b the Scottish Ministers, and
c the relevant Northern Ireland department.
5 In this section, “the relevant Northern Ireland department” means—
a the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or
b failing such a designation, the Executive Office in Northern Ireland.

I428137 The new homes ombudsman scheme

1 The conditions referred to in section 136(1) are that—
a membership of the scheme is open to all developers,
b the scheme enables qualifying complainants to have complaints against members of the scheme investigated and determined by an independent individual, and
c the scheme contains the provisions required by Schedule 9.
2 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.
3 The individual who is to investigate and determine complaints under the scheme is to be known as “the new homes ombudsman”.
4 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.
5 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.
6 In this section, “redress scheme” means a scheme under which complaints may be made to, and investigated and determined by, an independent person.
7 Schedule 9 contains further provision about the new homes ombudsman scheme.
8 Schedule 10 contains amendments connected with the establishment of the new homes ombudsman scheme.

I193138 “Relevant owner”, “new build home” and “developer”

1 This section provides for the meaning of terms used in section 137 (and in this section).
2 A person is a “relevant owner” of a home if the person—
a is an individual,
b has a relevant interest in land that includes the home, and
c meets the occupation condition.
3 A person meets the occupation condition if the person—
a occupies the home, or
b is the landlord under a lease of land that includes the home granted for a term not exceeding 21 years to another individual for that individual’s occupation of the home.
4 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.
5 A home is a “new build home” if—
a the home is, or is contained in—
i a building the construction of which began after the coming into force of this section, or
ii a building that has been converted, or to which any other works have been carried out, so that it consists of or contains the home, where the conversion or works began after the coming into force of this section,
b there is a person who is, or was, a developer in relation to the home, and
c no more than two years have elapsed since the first acquisition, by any person, of a relevant interest in land that includes the home from the person mentioned in paragraph (b).
6 Relevant interest” means—
a in relation to land in England or Wales, a legal estate which is—
i an estate in fee simple absolute in possession, or
ii a term of years absolute granted for a term of more than 21 years from the date of the grant;
b in relation to land in Scotland, the interest of an owner of land;
c in relation to land in Northern Ireland, a legal estate which is—
i an estate in fee simple absolute in possession,
ii an estate in fee simple in possession subject to a rent payable under a fee farm grant, or
iii a term of years absolute granted for a term of more than 21 years from the date of the grant.
7 A “developer” is a person—
a who undertakes or commissions—
i the construction of a new building that is to consist of or contain a home,
ii the conversion of, or carrying out of any other works to, an existing building so that it consists of or contains a home, or
iii the conversion of, or carrying out of any other works to, an existing building so as to alter the number of homes contained in it,
with a view to granting, or disposing of, a relevant interest in land that includes the home or, in a case falling within sub-paragraph (iii), any of the homes, or
b who is of a description specified in regulations made by the relevant national authority.
8 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).
9 In subsection (7)(b), “the relevant national authority” means—
a in relation to homes in England, the Secretary of State,
b in relation to homes in Wales, the Welsh Ministers,
c in relation to homes in Scotland, the Scottish Ministers, and
d in relation to homes in Northern Ireland, the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly.
10 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.
11 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.
12 Home” means a private residence.
13 Occupies” means occupies as a private residence (and “occupation” is to be construed accordingly).

I173139 Regulations under section 138

1 The power to make regulations under section 138(7)(b) is exercisable—
a in the case of regulations made by the Secretary of State or the Welsh Ministers, by statutory instrument, and
b in the case of regulations made by a Northern Ireland department, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(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)).
2 Regulations under section 138(7)(b)
a may make different provision for different purposes;
b may contain consequential, supplementary, incidental, transitional or saving provision.
3 Regulations under section 138(7)(b)
a if made by the Secretary of State, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;
b if made by the Welsh Ministers, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;
c if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
d if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

I499140 Power to require persons to join scheme and to provide information

1 The Secretary of State may by regulations—
a require persons who are developers, or developers of a specified description, to become members of the new homes ombudsman scheme;
b require persons who are required to become members of the scheme under paragraph (a) to remain members of the scheme for a period specified in the regulations (even if they are no longer developers);
c require members of the scheme to inform persons of a specified description of the scheme;
d make provision for civil sanctions to be imposed in respect of a breach of a requirement imposed by regulations under paragraph (a), (b) or (c);
e make provision for the investigation of suspected breaches of such a requirement.
In this subsection, “developer” has the meaning given in section 138 and “specified” means specified in the regulations.
2 Before making regulations under subsection (1), the Secretary of State must consult—
a the Welsh Ministers,
b the Scottish Ministers, and
c the relevant Northern Ireland department.
3 Provision made by virtue of subsection (1)(a) may provide for exceptions to the requirement to become a member of the scheme.
4 Provision made by virtue of subsection (1)(a) or (b) may require persons who are members of the new homes ombudsman scheme to—
a obtain a certificate confirming their membership of the scheme;
b display or publish the certificate in accordance with the regulations;
c produce a copy of the certificate, on request, in accordance with the regulations.
5 Provision made for the imposition of a civil sanction by virtue of subsection (1)(d) must include—
a provision for appeals to a court or tribunal against the imposition of the sanction, and
b such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.
6 Provision made by virtue of subsection (1)(d) or (e) may—
a confer functions on a person (including functions involving the exercise of a discretion);
b require a person on whom functions are so conferred to have regard to any relevant guidance issued by the Secretary of State relating to the exercise of those functions.
7 The Secretary of State may make payments to a person on whom functions are conferred by virtue of subsection (6).
8 In this section, “the relevant Northern Ireland department” means—
a the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or
b failing such a designation, the Executive Office in Northern Ireland.

I554141 Register of members

1 The person who maintains the new homes ombudsman scheme must keep a register of persons who are members of the scheme.
2 The register must be made available for inspection by members of the public at all reasonable times.

I488142 Developers’ code of practice

1 The Secretary of State may issue or approve a code of practice about the standards of conduct and standards of quality of work expected of members of the new homes ombudsman scheme.
2 The Secretary of State may from time to time revise or replace the code or approve its revision or replacement.
3 The Secretary of State must ensure that the current version of the code is published.
4 The Secretary of State must consult the Welsh Ministers, the Scottish Ministers and the relevant Northern Ireland department before—
a issuing, revising or replacing the code, or
b approving the code or a revision or replacement of it.
5 In this section, “the relevant Northern Ireland department” means—
a the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or
b failing such a designation, the Executive Office in Northern Ireland.

I185143 Amendment of the Government of Wales Act 2006

In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 10(2), at the end insert—

New build home warranties

I282I318144 New build home warranties

1 This section applies where a person (“the developer”) carries out a development in England that results in the creation of one or more dwellings (“new build homes”).
2 The developer must, at the time of or before granting or disposing of a relevant interest in a new build home—
a provide to the purchaser a new build home warranty for the new build home, and
b provide to a prescribed person a new build home warranty for any common parts.
3 A “new build home warranty” for a thing is an arrangement, satisfying any requirements under subsection (4), under which—
a the developer agrees, in specified circumstances, to remedy any specified defect (or any defect) in the thing occurring in a specified period, and
b a prescribed person obtains the benefit of a policy of insurance relating to specified defects (or any defects) in the thing.
“Specified” here means specified in the arrangement.
4 The Secretary of State may by regulations impose requirements about new build home warranties, including in particular requirements as to—
a the kinds of defect which the developer must agree to remedy;
b the circumstances in which the developer must agree to remedy a defect (including the minimum duration of the period mentioned in subsection (3)(a));
c the developer agreeing to meet prescribed costs incurred by a person occupying a new build home, where works to remedy a defect are carried out;
d the policy of insurance (including risks that must be covered, the minimum amount of cover, the minimum duration of the period of cover, and the maximum amount of any excess);
e the solvency of the insurer or underwriter;
f the standard of service provided by or on behalf of the insurer in relation to the policy;
g the ability of a person who has the benefit of the warranty to transfer that benefit to another person.
5 The regulations must provide that the period of cover under the policy of insurance must be at least 15 years beginning with the day on which the relevant interest is granted or disposed of.
6 In this section—
  • carries out a development”: the reference to a person carrying out a development is to undertaking or commissioning—
    1. the construction of a building, or
    2. the conversion of, or carrying out of any other works to, a building,
    with a view to granting, or disposing of, relevant interests in one or more dwellings created as a result of the construction, conversion or carrying out of works;
  • common parts”, in relation to a new build home, means any part of a building, where—
    1. that part is provided for the use, benefit and enjoyment of the residents of the new build home and the residents of other dwellings (whether alone or with other persons), and
    2. the right to use that part is conferred in connection with the grant or disposal of the relevant interest in the new build home;
  • defect”: any reference to a defect includes, in relation to land, contamination;
  • prescribed” means prescribed by regulations made by the Secretary of State;
  • purchaser” means the person to whom the relevant interest is granted or disposed of;
  • relevant interest” means a legal estate which is—
    1. an estate in fee simple absolute in possession, or
    2. a term of years absolute granted for a term of more than 21 years from the date of the grant.

I115I440145 New build home warranties: financial penalties

1 The Secretary of State may by regulations make provision for and in connection with the imposition of a financial penalty in cases where the Secretary of State, or a person designated by the Secretary of State, is satisfied beyond reasonable doubt that a person has, without reasonable excuse, failed to comply with section 144(2).
2 The regulations may include provision—
a about the procedure to be followed in imposing penalties;
b about the amount of penalties;
c for the imposition of interest or additional penalties for late payment;
d conferring rights of appeal against penalties.
3 The regulations must provide that the amount of a financial penalty (excluding interest or any additional penalty) may not exceed the greater of—
a 10% of the value of the relevant interest at the time the person granted or disposed of the relevant interest, and
b £10,000.

Construction products

I452146 Construction products

Schedule 11 contains provision for regulations relating to construction products.

Liability relating to construction products

I426147 Liability relating to construction products: general definitions

In this section, section 148 and section 149—
  • the 1991 Regulations” means the Construction Products Regulations 1991 (S.I. 1991/1620);
  • the 2011 Regulation” means Regulation (EU) No. 305/2011 (regulation laying down harmonised conditions for the marketing of construction products);
  • the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465);
  • construction products regulations” means regulations under paragraph 1 of Schedule 11;
  • construction product requirement” means a requirement under—
    1. construction products regulations,
    2. the 2011 Regulation, or
    3. the 2019 Regulations;
  • relevant building” means—
    1. a building which consists of a dwelling, or
    2. a building which contains two or more dwellings;
  • relevant interest”, in relation to a building in England and Wales, means—
    1. in a case where the building consists of a dwelling, a legal or equitable interest in the building, and
    2. in a case where the building contains one or more dwellings, a legal or equitable interest in—
      1. the building, or
      2. any dwelling contained in the building;
  • relevant interest”, in relation to a building in Scotland, means—
    1. in a case where the building consists of a dwelling, any right or interest (including a servitude or heritable security) in or over the building, and
    2. in a case where the building contains one or more dwellings, any right or interest (including a servitude or heritable security) in or over—
      1. the building, or
      2. any dwelling contained in the building;
  • requirement” includes a prohibition or restriction.

I673148 Liability relating to construction products

1 This section applies where Conditions A to D are met.
2 Condition A is that, at any time after the coming into force of this section—
a a person fails to comply with a construction product requirement in relation to a construction product,
b a person who markets or supplies a construction product makes a misleading statement in relation to it, or
c a person manufactures a construction product that is inherently defective.
3 Condition B is that, after Condition A is met, the construction product referred to in subsection (2)(a), (b) or (c) is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
4 Condition C is that, when those works are completed—
a in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
b in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
5 Condition D is that the facts referred to in subsection (2)(a), (b) or (c) were the cause, or one of the causes, of the building or dwelling being unfit for habitation.
6 The person referred to in subsection (2)(a), (b) or (c) is liable to pay damages to a person with a relevant interest in relation to the relevant building for personal injury, damage to property or economic loss suffered by that person as a result of the facts referred to in subsection (4)(a) or (b).
7 A term of an agreement which purports to exclude or restrict, or has the effect of excluding or restricting, any liability arising under this section is void.
8 For the purposes of section 10B(1) of the Limitation Act 1980 and section 18ZD(1) of the Prescription and Limitation (Scotland) Act 1973, the right of action that a person has by virtue of this section is to be regarded as having accrued—
a in a case where the works referred to in subsection (3) are carried out in the construction of the relevant building, when the construction is completed, and
b in any other case, when the works are completed.
9 In subsection (2)(a) “construction product”—
a in relation to a construction product requirement under construction products regulations, has the meaning specified in those regulations;
b in relation to a construction product requirement under the 2011 Regulation, has the meaning specified in the 2011 Regulation;
c in relation to a construction product requirement under the 2019 Regulations, has the meaning specified in the 2011 Regulation as it had effect immediately before IP completion day.
10 In subsection (2)(b) and (c)construction product” has the meaning specified in the 2011 Regulation.

I315149 Liability for past defaults relating to cladding products

1 This section applies where Conditions A to D are met.
2 Condition A is that, at any time before the coming into force of this section—
a a person fails to comply with a cladding product requirement in relation to a cladding product,
b a person who markets or supplies a cladding product makes a misleading statement in relation to it, or
c a person manufactures a cladding product that is inherently defective.
3 Condition B is that, after Condition A has been met, the cladding product is attached to, or included in, the external wall of a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
4 Condition C is that, when those works are completed—
a in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
b in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
5 Condition D is that the facts referred to in subsection (2)(a), (b) or (c) were the cause, or one of the causes, of the building or dwelling being unfit for habitation.
6 The person referred to in subsection (2)(a), (b) or (c) is liable to pay damages to a person with a relevant interest in relation to the relevant building for personal injury, damage to property or economic loss suffered by that person as a result of the facts referred to in subsection (4)(a) or (b).
7 A term of an agreement which purports to exclude or restrict, or has the effect of excluding or restricting, any liability arising under this section is void.
8 For the purposes of section 10B(2) of the Limitation Act 1980 and section 18ZD(2) of the Prescription and Limitation (Scotland) Act 1973, the right of action that a person has by virtue of this section is to be regarded as having accrued—
a in a case where the works referred to in subsection (3) are carried out in the construction of the relevant building, when the construction is completed, and
b in any other case, when the works are completed.
9 Where an action is brought under this section in England and Wales that, but for section 10B(2) of the Limitation Act 1980, would have been barred by that Act, a court hearing the action must dismiss it in relation to any defendant if satisfied that it is necessary to do so to avoid a breach of that defendant’s Convention rights.
10 Where an action is brought under this section in Scotland that, but for section 18ZD(2) of the Prescription and Limitation (Scotland) Act 1973, would have been barred by that Act, a court hearing the action must dismiss it in relation to any defender if satisfied that it is necessary to do so to avoid a breach of that defender’s Convention rights.
11 In this section “cladding product requirement” means—
a in relation to a time before IP completion day, a requirement relating to a cladding product under—
i the 1991 Regulations, or
ii the 2011 Regulation as it had effect in EU law at that time, and
b in relation to a time after IP completion day, a requirement relating to a cladding product under—
i the 2011 Regulation, or
ii the 2019 Regulations.
12 In this section—
  • cladding product” means a cladding system or any component of a cladding system;
  • Convention rights” has the same meaning as in the Human Rights Act 1998;
  • external wall”, in relation to a building, includes any part of a roof pitched at an angle of more than 70 degrees to the horizontal if that part of the roof adjoins a space within the building to which persons have access otherwise than for the purpose of carrying out repairs or maintenance.

I271150 Liability relating to construction products: limitation in England and Wales

In the Limitation Act 1980, after section 10A insert—

I652151 Liability relating to construction products: limitation in Scotland

1 The Prescription and Limitation (Scotland) Act 1973 is amended as follows.
2 After section 18ZC insert—
3 In section 7(2) (extinction of obligations by prescriptive periods of twenty years), at the end insert “or any obligation to pay damages arising from liability under section 148 or section 149 of the Building Safety Act 2022 (see section 18ZD of this Act).”
4 In section 19CA(1) (interruption of limitation period: arbitration), after “18ZC(2)” insert “, 18ZD(1) or (2).
5 In Schedule 1, in paragraph 2 (exceptions from the 5 year prescriptive period under section 6), after paragraph (ga) insert—

Construction products: costs contribution orders

I245152 Costs contribution orders: general definitions

In this section and sections 153 to 155—
  • the 2011 Regulation” means Regulation (EU) No. 305/2011 (regulation laying down harmonised conditions for the marketing of construction products);
  • the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465);
  • the 2020 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359);
  • construction product”—
    1. in relation to a construction product requirement under construction products regulations, has the meaning specified in those regulations;
    2. in relation to a construction product requirement under the 2011 Regulation, has the meaning specified in the 2011 Regulation (or, in Northern Ireland, in the 2011 Regulation as having effect in EU law from time to time);
    3. in relation to a construction product requirement under the 2019 Regulations, has the meaning specified in the 2011 Regulation as it had effect immediately before IP completion day;
    4. in relation to a construction product requirement under the 2020 Regulations, has the meaning given by regulation 2 of those Regulations;
  • construction products regulations” means regulations under paragraph 1 of Schedule 11;
  • construction product requirement”, in England and Wales or Scotland, means a requirement under—
    1. construction products regulations,
    2. the 2011 Regulation, or
    3. the 2019 Regulations;
  • construction product requirement”, in Northern Ireland, means a requirement under—
    1. construction product regulations,
    2. the 2011 Regulation as having effect from time to time in EU law,
    3. the 2019 Regulations, or
    4. the 2020 Regulations;
  • references to an “interest” in a building or dwelling include—
    1. in England and Wales, any legal or equitable interest in the building or dwelling;
    2. in Scotland, any right or interest (including a servitude or heritable security) in or over the building or dwelling;
    3. in Northern Ireland, any estate within the meaning given by section 45(2) of the Interpretation Act (Northern Ireland) 1954 in the building or dwelling;
  • relevant building” means—
    1. a building which consists of a dwelling, or
    2. a building which contains two or more dwellings;
  • requirement” includes a prohibition or restriction.

I7153 Costs contribution orders made by courts

1 The Secretary of State may by regulations make provision for courts to make costs contribution orders on the application of the Secretary of State.
2 The regulations may only make provision for the making of costs contribution orders under this section in cases where—
a Conditions A to D are met, and
b any prescribed conditions are met.
3 Condition A is that a person (“the defaulter”) is convicted of an offence consisting of a failure to comply with a construction product requirement in relation to a construction product.
4 Condition B is that, after the failure to comply referred to in subsection (3), the construction product is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
5 Condition C is that, when those works are completed—
a in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
b in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
6 Condition D is that the failure to comply referred to in subsection (3) was the cause, or one of the causes, of the building or dwelling being unfit for habitation.
7 A “costs contribution order” under this section is an order requiring the defaulter to pay an amount to a person with a prescribed interest in the building or any dwelling contained in the building.
8 Regulations under this section must provide for the amount to be paid to a person under a costs contribution order under this section to be such amount as the court making the order considers just and equitable in respect of the costs that the person has reasonably incurred, or in the view of the court is likely to reasonably incur, in respect of works to make the building or dwelling fit for habitation.
9 The regulations may make provision as to the matters which may or must be taken into account by a court in determining—
a whether, against whom and in favour of whom to make a costs contribution order under this section;
b the amount required to be paid by a person under a costs contribution order under this section.
10 The regulations may make provision in relation to—
a enforcement of a costs contribution order under this section;
b court powers to order the defaulter to pay—
i any costs incurred by the Secretary of State under regulations under section 155 (assessments) in respect of the application, and
ii any costs incurred by the Secretary of State in making the application.
11 The regulations may make provision about how a costs contribution order under this section relates to other remedies, including in particular—
a provision to secure that, taking a costs contribution order under this section together with other remedies—
i a person does not incur liability more than once in respect of the same costs;
ii a person is not entitled to be reimbursed more than once for the same costs;
b provision preventing a person to whom any amount is payable under a costs contribution order under this section from pursuing any other legal remedy for the recovery of such an amount.
12 In this section “prescribed” means prescribed by regulations under this section.

I534154 Costs contribution orders made by the Secretary of State

1 The Secretary of State may by regulations make provision for the Secretary of State to make costs contribution orders.
2 The regulations may only make provision for the making of costs contribution orders in cases where—
a Conditions A to D are met, and
b any prescribed conditions are met.
3 Condition A is that a person (“the defaulter”) is convicted of an offence consisting of a failure to comply with a construction product requirement in relation to a construction product.
4 Condition B is that, after the failure to comply referred to in subsection (3), the construction product is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
5 Condition C is that, when those works are completed—
a in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
b in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
6 Condition D is that the failure to comply referred to in subsection (3) was the cause, or one of the causes, of the building or dwelling being unfit for habitation.
7 A “costs contribution order” under this section is an order requiring the defaulter to make a payment to a person with a prescribed interest in the building or any dwelling contained in the building.
8 Regulations under this section must provide for the amount to be paid to a person under a costs contribution order under this section to be such amount as the Secretary of State considers just and equitable in respect of the costs that the person has reasonably incurred, or in the view of the Secretary of State is likely to reasonably incur, in respect of works to make the building or dwelling fit for habitation.
9 The regulations may make provision as to the matters which may or must be taken into account by the Secretary of State in determining—
a whether, against whom, and in favour of whom, to make a costs contribution order under this section;
b the amount required to be paid by a person under a costs contribution order under this section.
10 The regulations may make provision for the Secretary of State to issue a warning notice to a person before determining whether to make a costs contribution order under this section against that person.
11 The regulations may make provision requiring that a costs contribution order under this section—
a be made in a prescribed form;
b contain prescribed information.
12 The regulations may make provision about service of a costs contribution order under this section including—
a how an order is to be served;
b when an order is to be taken as having been served;
c the persons on whom an order must be served.
13 The regulations may make provision in relation to—
a enforcement of a costs contribution order made under this section (including enforcement by the Secretary of State);
b powers of the Secretary of State to order the defaulter to pay any costs incurred by the Secretary of State under section 155 in respect of a costs contribution order under this section.
14 The regulations may make provision about how a costs contribution order under this section relates to other remedies, including in particular—
a provision to secure that, taking a costs contribution order under this section together with other remedies—
i a person does not incur liability more than once in respect of the same costs;
ii a person is not entitled to be reimbursed more than once for the same costs;
b provision preventing a person to whom any amount is payable under a costs contribution order under this section from pursuing any other legal remedy for the recovery of such an amount.
15 The regulations may make provision for persons to apply to the Secretary of State for a review of a costs contribution order under this section.
16 The regulations may make provision for appeals to a court or tribunal in relation to—
a a decision of the Secretary of State to make or not make a costs contribution order under this section;
b a refusal by the Secretary of State to review a costs contribution order under this section;
c the outcome of a review by the Secretary of State of a costs contribution order under this section.
17 The regulations may in particular include provision suspending a requirement to pay an amount due under a costs contribution order under this section pending the determination or withdrawal of an appeal or the determination of a review.
18 In this section “prescribed” means prescribed by regulations under this section.

I250155 Costs contribution orders: assessments

1 For the purposes of sections 153 and 154, the Secretary of State may by regulations make provision for the Secretary of State to appoint persons to assess—
a whether the conditions for the imposition of a costs contribution order under either of those sections are met;
b the works required to make a building or dwelling fit for habitation;
c what interest a person has in a building or dwelling;
d the costs that a person has reasonably incurred or is likely to reasonably incur in respect of works referred to in paragraph (b);
e the amount that a person should be required to pay under a costs contribution order.
2 The regulations may include provision about the criteria to be met by a person before they may be appointed as an assessor.
3 The regulations may make provision about assessments, including provision—
a conferring power on an assessor to require that persons provide such information as the assessor may reasonably require for the purposes of an assessment;
b for the provision of information by an assessor to the Secretary of State (including any information provided under paragraph (a)).
4 Regulations under subsection (3)(a) may include provision for criminal offences relating to a failure to provide information, or to the provision of false or misleading information.
5 Regulations under subsection (3)(a) creating a criminal offence must have the effect that—
a the offence is—
i triable summarily only, or
ii triable summarily or on indictment,
b the offence is punishable only—
i with a fine, or
ii with a term of imprisonment or a fine (or both),
c where the offence is triable summarily only, any fine with which the offence is punishable in Scotland or Northern Ireland does not exceed level 5 on the standard scale,
d where the offence is triable summarily or on indictment, any fine with which the offence is punishable on summary conviction in Scotland or Northern Ireland does not exceed the statutory maximum, and
e any term of imprisonment with which the offence is punishable on summary conviction does not exceed—
i in England and Wales, the relevant period,
ii in Scotland, 12 months, and
iii in Northern Ireland, 6 months.
6 In subsection (5)(e)(i), “the relevant period” means—
a in relation to an offence that is triable summarily only—
i where the offence is committed before the coming into force of section 281 of the Criminal Justice Act 2003, 6 months, and
ii where the offence is committed after that time, 51 weeks;
b in relation to an offence that is triable summarily or on indictment—
i where the offence is committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, 6 months, and
ii where the offence is committed after that time, 12 months.
7 Regulations under subsection (3)(b) may make provision for the purpose of securing that there is (taking into account any power or duty to provide information under the regulations) no contravention of the data protection legislation.
8 In subsection (7), “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Fire safety

I578156 Amendment of Regulatory Reform (Fire Safety) Order 2005

I358I2931 The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) is amended as follows.
I358I2932 In article 5 (duties under the Order), for “22”, in each place it occurs, substitute “22B”.
I358I2933 In article 9 (risk assessment)—
a in paragraph (6) for the words from “record” to the end substitute “make a record of the assessment or review, which must in particular include the information prescribed by paragraph (7).”;
b in paragraph (7)(a) omit “significant”.
4 After article 9 insert—
I358I2935 In article 11(2) (fire safety arrangements) omit the words from “where” to the end.
I358I2936 After article 21 insert—
I358I2937 In article 22 (co-operation and co-ordination)—
a in the heading, at the end insert “between responsible persons”;
b before paragraph (1) insert—
;
c in paragraph (1) before sub-paragraph (1)(a) insert—
.
I358I2988 After article 22 insert—
I358I2939 In article 29(5) (alterations notices), omit paragraphs (b) and (c).
I358I29310 In article 32 (offences)—
a in paragraph (1)(a) for “22” substitute “22B”;
b in paragraph (4) omit “not exceeding level 3 on the standard scale”;
c in paragraph (7) omit “not exceeding level 3 on the standard scale”.
I358I29311 In article 50 (guidance)—
a in paragraph (1) for “22” substitute “22B”;
b in paragraph (1A)—
i for “22” substitute “22B”;
ii omit “in relation to a relevant building (or part of the building)”;
iii in sub-paragraph (a) omit “risk based”;
iv in sub-paragraph (b) omit “risk based”.

Architects

I18157 Architects: discipline and continuing professional development

1 The Architects Act 1997 is amended as follows.
2 In section 3 (the register), after subsection (2) insert—
3 In section 9 (competence to practise)—
a in subsection (1), in the words after paragraph (c), after “practical experience” insert “or undertaken such recent training”,
b after subsection (1) insert—
, and
c after subsection (2) insert—

I765158 Architects: Appeals Committee

1 The Architects Act 1997 is amended as follows.
2 In section 1 (the Board)—
a after subsection (2) insert—
;
b after subsection (4) insert—
3 In section 4 (registration: general)—
a in subsection (4)(b) for “refer the application to the Board” substitute “refuse the application”;
b in subsection (6)—
i omit “(4) or”;
ii for the words from “direct” to the end substitute
4 In section 6(4B) (notice of refusal of application) for the words from “in the case” to “section 4(2A)” substitute “of an application”.
5 In section 9 (competence to practise) after subsection (2) insert—
6 In Part 5 (general and supplementary) before section 22 insert—
7 In section 22 (appeals)—
a in subsection (1)—
i for paragraph (a) substitute—
;
ii for paragraph (c) substitute—
;
b in subsection (2) omit “Subject to subsection (3),”;
c omit subsection (3);
d in the heading at the end insert “to the court”.
8 In section 24(2) (service of documents) for “or 15(3)” substitute “, 15(3) or 21A(4)”.
9 In Schedule 1 (the Board and its committees) after Part 2 insert—
10 In Part 4 of that Schedule (general provisions), after “Professional Conduct Committee”, in each place it occurs, insert “, the Appeals Committee”.

I441159 Architects Registration Board: fees and discharge of functions by a committee

1 In the Architects Act 1997, after section 24 insert—
2 In Schedule 1 to that Act (the Board and its committees), in paragraph 18(2)(b) (functions of the Board which may not be discharged by a committee) for “4(1) or (2)” substitute “4(2)”.
3 In consequence of the amendment made by subsection (2), in section 11(5) of the Professional Qualifications Act 2022 for the words from “after” to the end substitute “for “4(2)” substitute “4(1A) or (2)”.”

Housing complaints

I275I540160 Housing complaints made to a housing ombudsman

1 Schedule 2 to the Housing Act 1996 is amended in accordance with subsections (2) and (3).
2 In paragraph 7 (determinations by housing ombudsman)—
a after “approved scheme shall” insert “, in accordance with the scheme,”, and
b for the words from “and not withdrawn” to “but withdrawn” substitute “under the scheme”.
3 Omit paragraphs 7A to 7C (complaints to a housing ombudsman to be referred by designated person and exceptions).
4 The amendments made by this section apply in relation to a complaint made to a housing ombudsman—
a after the time this section comes into force, or
b before the time this section comes into force, but only if a determination by a housing ombudsman is still pending in respect of the complaint at such time.

Part 6 General

I676I254161 Liability of officers of body corporate etc

1 Where an offence under Part 2 or 4 committed by a body corporate—
a is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b is attributable to any neglect on the part of any such person,
that person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.
2 In subsection (1)director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3 Subsection (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference—
a in the case of a partnership, to a partner;
b in the case of an unincorporated body other than a partnership—
i where the body’s affairs are managed by its members, to a member of the body;
ii in any other case, to a member of the governing body.
4 Where—
a a relevant company is an accountable person for a higher-risk building (within the meaning of Part 4), and
b one or more (but not all) directors of the relevant company have been appointed for a building safety purpose and are entitled to remuneration from the company,
this section, so far as relating to Part 4, does not apply in relation to a director who is not entitled to remuneration from the relevant company.
5 In subsection (4)—
  • building safety purpose” means the purpose of supporting the relevant company in complying with its duties under Part 4 or under regulations made under that Part;
  • relevant company” means—
    1. a resident management company within the meaning of section 111,
    2. an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage), or
    3. a company that is a commonhold association within the meaning of Part 1 of that Act (see section 34).

I259162 Review of regulatory regime

1 The Secretary of State must appoint an independent person to carry out a review of—
a the effectiveness of the regulator in—
i exercising its building functions,
ii securing the safety of people in or about buildings in relation to risks arising from buildings, and
iii improving the standard of buildings,
b the adequacy and effectiveness of—
i provision made by or under Parts 2 and 4 of this Act, and
ii provision made by or under the Building Act 1984 (except section 105C) that applies in relation to England,
c the effectiveness of the regulation of construction products in the United Kingdom,
d such matters connected with any of the matters mentioned in paragraphs (a) to (c) as the person considers appropriate, and
e any other matter specified in the appointment.
2 On completion of a review, the appointed person must make a written report to the Secretary of State—
a setting out the result of the review, and
b making such recommendations (if any) as the person considers appropriate.
3 The Secretary of State must publish a copy of the report.
4 The first appointment must be made within the period of 5 years beginning with the day on which this Act is passed.
5 Any other appointment must be made within the period of 5 years beginning with the day on which the most recent appointment was made.
6 In this section—
  • building function” has the meaning given by section 3;
  • independent” means appearing to the Secretary of State to be independent of—
    1. the Secretary of State,
    2. the regulator,
    3. the profession of registered building inspectors,
    4. the built environment industry (as defined by section 30),
    5. persons carrying on activities connected with the manufacture, importation, marketing or supply of construction products (as defined by paragraph 24 of Schedule 11), and
    6. local authorities (as so defined);
  • the regulator” has the meaning given by section 2.

I340163 Financial provisions

There is to be paid out of money provided by Parliament—
a any expenditure incurred under or by virtue of this Act by the Secretary of State, and
b any increase attributable to this Act in the sums payable under any other Act out of money so provided.

I37164 Crown application

1 The following provisions, and any provision made under them, bind the Crown—
a Part 2;
b Part 4 except sections 99, 100 and 103 (compliance notices);
c sections 116 to 124 and Schedule 8 (remediation of certain defects);
d sections 136 to 142 and Schedule 9 (new homes ombudsman scheme);
e sections 144 and 145 (new build home warranties);
f section 161.
2 No contravention by the Crown of a provision mentioned in subsection (1) makes the Crown criminally liable.
3 Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

I301165 Application to Parliament

1 The following provisions do not apply in relation to the Parliamentary Estate—
a sections 99, 100 and 103 (compliance notices under Part 4);
b paragraphs 1 to 3 of Schedule 2 (powers of entry of authorised officers).
2 If the Palace of Westminster (or any part of it) is a higher-risk building within the meaning of Part 4, for the purposes of that Part the accountable persons for the building are the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons, acting jointly.
3 No contravention by a Corporate Officer of a provision made by or under Part 2 or 4 makes the Corporate Officer criminally liable.
4 Subsection (3) does not affect the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).
5 In subsection (3)Corporate Officer” means—
a the Corporate Officer of the House of Lords,
b the Corporate Officer of the House of Commons, or
c the Corporate Officers acting jointly.
6 In this section “Parliamentary Estate” means any building or other premises occupied for the purposes of either House of Parliament.

I485166 Power of Secretary of State to make consequential provision

1 The Secretary of State may by regulations make provision that is consequential on this Act.
2 The regulations may amend, repeal or revoke provision made by or under—
a an Act passed before this Act;
b an Act passed later in the same session of Parliament as this Act.
3 Regulations under this section may not make provision that may be made under section 167.

I93167 Power of Welsh Ministers to make consequential provision

1 The Welsh Ministers may by regulations make provision, in relation to Wales, that is consequential on Part 3 or section 156.
2 The regulations may amend, repeal or revoke provision made by or under—
a an Act passed before this Act;
b an Act passed later in the same session of Parliament as this Act;
c an Act or Measure of Senedd Cymru passed before this Act.
3 The regulations may make—
a transitional, transitory or saving provision;
b different provision for different purposes.
4 The regulations are to be made by statutory instrument.
5 A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act, or by an Act or Measure of Senedd Cymru, may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.
6 Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

I24168 Regulations

1 This section applies to regulations under any provision of this Act except—
a section 138(7)(b) (new homes ombudsman scheme: meaning of “developer”),
b section 167 (power of Welsh Ministers to make consequential provision),
c section 170 (commencement and transitional provision), and
d Schedule 11 (construction products regulations).
2 A power to make regulations includes power to make—
a consequential, supplementary, incidental, transitional, transitory or saving provision;
b different provision for different purposes or for different areas.
3 Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic.
4 A power to make regulations about the way in which anything is to be given to the regulator (as defined by section 2) includes power to provide that the thing is to be given in a way specified in a direction made and published by the regulator in accordance with the regulations.
5 Regulations are to be made by statutory instrument.
6 A statutory instrument containing (whether alone or with other provision)—
a regulations under section 12, 62, 65(5), 68, 71, 72, 74, 119A, 123, 126, 128, 129 or 140 or paragraph 6 of Schedule 3 or paragraph 2(12), 13(10) or 15(4) of Schedule 7 or paragraph 3(5), 12 or 15 of Schedule 8,
b regulations made by virtue of section 65(3)(c),
c regulations under section 89 (except regulations only making provision of a kind mentioned in section 89(2)),
d regulations under section 90 (except regulations only making provision of a kind mentioned in section 90(3) or (4)),
e regulations under section 92 (except regulations only making provision of a kind mentioned in section 92(3)),
f regulations under sections 153 to 155, or
g regulations under section 166 that amend or repeal provision made by an Act,
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
7 Any other statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

I43169 Extent

1 Subject as follows, this Act extends to England and Wales only.
2 The following provisions extend to England and Wales, Scotland and Northern Ireland—
a Part 1;
b paragraphs 87 and 88 of Schedule 5 (and section 55 so far as relating to those paragraphs);
c sections 136 to 143 and Schedule 9 (new homes ombudsman scheme);
d section 146 and Schedule 11 (construction products);
e sections 152 to 155 (costs contribution orders);
f section 157 to 159 (architects);
g this Part except section 161, 164 and 167.
3 Section 2(2) and Schedule 1 (amendments of the Health and Safety at Work etc Act 1974) extend to England and Wales and Scotland.
4 The amendments made by Schedule 10 (amendments in connection with the new homes ombudsman scheme) have the same extent as the provision amended.
5 Sections 147 to 149 (liability relating to construction products) extend to England and Wales and Scotland.
6 Section 151 (liability relating to construction products: limitation in Scotland) extends to Scotland only.
7 The Secretary of State may by regulations—
a provide for the provisions mentioned in subsection (5) to extend also to Northern Ireland, and
b make provision (including provision amending this Act or any other enactment) in relation to the application of the provisions mentioned in subsection (5) in Northern Ireland.

I653170 Commencement and transitional provision

1 The following provisions come into force on the day on which this Act is passed—
a section 1;
b section 2(1);
c section 7;
d section 28;
e section 30;
f sections 61 to 70;
g section 115;
h this Part except sections 161 and 164.
2 Parts 2 and 4, except the provisions mentioned in subsection (1), come into force—
a for the purposes of making regulations, on the day on which this Act is passed;
b for remaining purposes, on such day as the Secretary of State may by regulations appoint.
3 The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
a sections 116 to 125 and Schedule 8;
b section 134;
c section 135;
d section 146 and Schedule 11;
e sections 147 to 155;
f sections 157 to 159.
4 As regards Part 3 and section 156—
a the following provisions come into force on such day as the Welsh Ministers may by regulations appoint—
i section 31 so far as relating to section 120I of the Building Act 1984;
ii section 32(3) so far as relating to section 91ZD of that Act;
iii section 42 so far as relating to section 58Z2 and 58Z10 of that Act;
iv paragraph 56 of Schedule 5 (and section 55 so far as relating to that paragraph);
v paragraph 77 of that Schedule so far as relating to section 120C of the Building Act 1984 (and section 55 so far as relating to that section);
b the following provisions come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations appoint—
i section 32 except subsection (3) of that section;
ii section 33 except so far as relating to paragraph 1D(3) of Schedule 1 to the Building Act 1984;
iii sections 34 to 41;
iv section 42 except so far as relating to section 58Z2, 58Z7 or 58Z10 of the Building Act 1984;
v section 43 and Schedule 4;
vi sections 44 to 52;
vii section 53 except subsection (1) of that section;
viii section 55 and Schedule 5 except—
A paragraphs 38 and 87 to 89 of that Schedule (and section 55 so far as relating to those paragraphs);
B paragraph 77 of that Schedule so far as relating to section 120B of the Building Act 1984 (and section 55 so far as relating to that section);
ix section 56 and Schedule 6 except paragraphs 7 and 29 of that Schedule (and section 56 so far as relating to those paragraphs);
x section 57;
xi section 156 except subsection (8) of that section so far as relating to Article 22B of the Regulatory Reform (Fire Safety) Order 2005;
c subject to that, Part 3 and section 156 come into force on such day as the Secretary of State may by regulations appoint.
5 The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
6 The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
7 Regulations under subsection (4)(a) or (b) may make transitional or saving provision.
8 The powers to make regulations under this section include power to make different provision for different purposes or for different areas.
9 Regulations under this section are to be made by statutory instrument.

I405171 Short title

This Act may be cited as the Building Safety Act 2022.

Schedules

Schedule 1 

Amendments of the Health and Safety at Work etc Act 1974

Section 2

I3I3471The Health and Safety at Work etc Act 1974 is amended as follows.
I663I5292
1 Section 11 (functions of the Executive) is amended as follows.
2 In subsection (5)—
a in paragraph (a) after “functions” insert “other than its building functions”;
b in paragraph (b) after “activities” insert “other than its building functions”.
3 In subsection (6)(b) at the end insert “or to its building functions.”
I743I1223After section 11 insert—
I772I5594In section 12(3) (control of the Executive) after “provisions” insert “, or the enforcement of the building enactments,”.
I294I5925
1 Section 13 (powers of the Executive) is amended as follows.
2 In subsection (3) after “functions” insert “on its behalf”.
3 In subsection (4) after “department or authority” insert “on behalf of the Minister, department or authority”.
4 In subsection (6) after “Part” insert “or in connection with its building functions”.
5 In subsection (7) after “functions” insert “except its building functions”.
I133I2286In section 27 (information powers) after subsection (4) insert—
I751I4457In section 53 (general interpretation) at the appropriate place insert—
;
.
I297I2228
1 Schedule 2 (constitution of the Executive) is amended as follows.
2 In paragraph 2(3)(d)(iii) at the end insert “, building safety, building standards or fire safety.”
3 In paragraph 9(3)(b) after “provisions” insert “, or the building enactments,”.
4 In paragraph 12(2)—
a after “Executive” insert “or signed on its behalf”;
b after “so executed” insert “or signed”.

Schedule 2 

Authorised officers: investigatory powers

Section 22

I570I6261 Entry to non-domestic premises without warrant

1 An authorised officer may enter any non-domestic premises which the officer has reason to believe it is necessary for the officer to enter for a relevant purpose—
a at any reasonable time, or
b at any time, in a situation which in the officer’s opinion is or may be dangerous.
2 The officer may be accompanied by any person, and bring anything, required for any purpose for which the officer is exercising the power of entry.
3 If the officer has reasonable cause to expect any obstruction in the exercise of any relevant power, the officer may be accompanied by a constable.
4 The officer may—
a take measurements and photographs, and may make recordings;
b take samples of anything.
5 The officer may seize anything if it appears to the officer—
a to be evidence of an offence under this Act or the Building Act 1984, and
b to be necessary to seize it to prevent the evidence being concealed, lost, altered or destroyed.

I446I3462 Entry to non-domestic premises with warrant

1 A justice of the peace may issue a warrant in respect of non-domestic premises specified in the warrant if satisfied, on an information in writing made by an authorised officer, that it is necessary—
a for an authorised officer to enter the premises for a relevant purpose, and
b to confer a power to enter by force (if necessary).
2 The warrant authorises any authorised officer to enter the premises at any time (subject to sub-paragraph (3)) for the purposes specified in the warrant, by force (if necessary).
3 The warrant may limit the times at which the power of entry may be exercised.
4 Sub-paragraphs (2) to (5) of paragraph 1 apply in relation to the power of entry conferred by a warrant under this paragraph as they apply in relation to the power of entry conferred by sub-paragraph (1) of that paragraph.

I287I2153 Entry to domestic premises (with warrant)

1 A justice of the peace may issue a warrant in respect of domestic premises specified in the warrant if satisfied, on an information in writing made by an authorised officer, that—
a it is necessary for an authorised officer to enter the premises for a relevant purpose, and
b one of the following conditions is met—
i that entry to the premises for the relevant purpose has been, or is likely to be, refused;
ii that no person entitled to grant entry to the premises can be found;
iii that requesting entry may frustrate or seriously prejudice the purpose of entry.
2 The warrant—
a authorises any authorised officer to enter the premises at any time (subject to sub-paragraph (3)) for the purposes specified in the warrant, and
b confers such additional powers as may be specified in the warrant.
3 The warrant may limit the times at which the power of entry may be exercised.
4 For this purpose “additional powers” means—
a the power to enter by force (if necessary);
b the powers under sub-paragraphs (2) to (5) of paragraph 1.
5 An additional power may be specified in the warrant only if the justice of the peace is satisfied that it is necessary to confer the power.

I691I6944 Power to require information, documents etc

1 An authorised officer may for a relevant purpose require a person to give specified information or documents to the officer by such time as may be specified.
2 In the case of a document consisting of information held in electronic form, the officer may require it to be produced—
a in a legible form, or
b in a form from which it can readily be produced in legible form.
3 The officer may inspect and take copies of (or of any information in) any document that is produced.
4 An authorised officer may for a relevant purpose require a person to provide such facilities and assistance to the officer as may be specified, by such time as may be specified.
5 A requirement under this paragraph is imposed by the authorised officer in question giving, to the person in question, a notice in writing that states—
a that it is a notice containing a requirement under this paragraph, and
b the consequences of failing to comply with the requirement.
6 Information provided by a person under sub-paragraph (1) is not admissible in evidence against that person in criminal proceedings except—
a in proceedings for an offence under section 24,
b in proceedings for an offence under paragraph 6(1),
c in proceedings for an offence of perverting the course of justice, or
d if in the proceedings—
i in giving evidence the person makes a statement inconsistent with the information, and
ii evidence as to the information that was provided is adduced, or a question relating to it is asked, by or on behalf of the person.
7 In this paragraph—
  • document” includes information recorded in any form;
  • specified”, in relation to a requirement, means specified in the notice imposing the requirement.

I682I4545 Retention of evidence etc

Anything that has been seized under paragraph 1(5), or any document produced under paragraph 4, may be retained for so long as is necessary in all the circumstances.

I188I4316 Offence of failing to provide information, documents etc

1 A person who fails without reasonable excuse to comply with a requirement under paragraph 4 commits an offence.
2 A person guilty of an offence under this paragraph is liable—
a on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
b on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

I306I3857 Interpretation

1 In this Schedule
  • authorised officer”, in relation to the exercise of any power conferred by or the doing of anything else mentioned in a paragraph of this Schedule for the purpose of a relevant building function, means a person authorised under section 22 in relation to that paragraph for the purposes of that function;
  • domestic premises” means premises (in England or Wales) used wholly or mainly as a private dwelling;
  • non-domestic premises” means premises (in England or Wales) that are not domestic premises;
  • relevant purpose”, in relation to an authorised officer, means the purpose of any relevant building function specified in the officer’s authorisation.
2 In sub-paragraph (1) “relevant building function” has the meaning given by section 22.

I224I7378 Saving for material subject to legal professional privilege

Nothing in this Schedule confers power to—
a seize anything, or
b compel the production by any person of a document or information,
in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

C4C8Schedule 3 

Cooperation and information sharing

Section 27

I221I527C41 C4Interpretation

In this Schedule any reference to a function under an enactment includes a function under an instrument made under the enactment.

I326I409C42 C4Local authorities, fire and rescue authorities etc

1 The regulator and a local authority must cooperate with each other in the exercise of their relevant functions.
2 The regulator and a fire and rescue authority must cooperate with each other in the exercise of—
a any building function of the regulator,
b any function of the authority under—
i section 6 or 7 of the Fire and Rescue Services Act 2004,
ii the Regulatory Reform (Fire Safety) Order 2005, or
iii section 13 of this Act, and
c any other prescribed function of the authority.
3 The regulator and an FSO authorised person must cooperate with each other in the exercise of their relevant functions.
4 A relevant person may disclose information held in connection with any of their relevant functions to another relevant person for the purposes of a relevant function of either of them.
5 In this paragraph
  • FSO authorised person” has the meaning given by section 14;
  • relevant function” means—
    1. in relation to the regulator, any building function;
    2. in relation to a local authority, a function under any of the following—
      1. the Prevention of Damage by Pests Act 1949;
      2. Part 2 of the Public Health Act 1961;
      3. Part 11 of the Local Government (Miscellaneous Provisions) Act 1982;
      4. the Building Act 1984;
      5. Part 3 of the Environmental Protection Act 1990;
      6. Parts 1 to 4 of the Housing Act 2004;
      7. section 13 of this Act;
      or any other prescribed function;
    3. in relation to a fire and rescue authority, a function under any of the following—
      1. the Fire and Rescue Services Act 2004;
      2. the Regulatory Reform (Fire Safety) Order 2005;
      3. section 13 of this Act;
      or any other prescribed function;
    4. in relation to an FSO authorised person, any function under—
      1. the Regulatory Reform (Fire Safety) Order 2005, or
      2. section 14 of this Act;
  • relevant person” means—
    1. the regulator;
    2. a local authority;
    3. a fire and rescue authority;
    4. an FSO authorised person.

I561I288C43 C4Ombudsmen

1 The regulator and a person mentioned in sub-paragraph (4) must cooperate with each other in the exercise of—
a any building function of the regulator, and
b any relevant function of the person.
2 The regulator may disclose to a person mentioned in sub-paragraph (4) information held in connection with any of its building functions, for the purpose of any of those functions or any relevant functions of the person.
3 A person mentioned in sub-paragraph (4) may disclose to the regulator information held in connection with any of their relevant functions, for the purpose of any of those functions or any building function of the regulator.
4 The persons are—
a the Regulator of Social Housing;
b a person who administers a relevant scheme.
5 Relevant scheme” means—
a a scheme approved under Schedule 2 to the Housing Act 1996 (housing complaints: social landlords),
b a redress scheme to which persons are required by virtue of section 83 of the Enterprise and Regulatory Reform Act 2013 (lettings agency work) to be members,
c a redress scheme to which persons are required by virtue of section 84 of that Act (property management work) to be members, or
d the new homes ombudsman scheme.
6 In this paragraphrelevant function” means—
a in relation to the Regulator of Social Housing, any of its functions;
b in relation to a person who administers a relevant scheme, any function relating to that scheme.

I493I686C44 C4Secretary of State

1 The regulator may disclose to the Secretary of State information held in connection with any of its building functions, for the purpose of any of those functions or any relevant function of the Secretary of State.
2 The Secretary of State may disclose to the regulator information held in connection with any relevant function, for the purpose of any relevant function or any building function of the regulator.
3 In this paragraphrelevant function” means any function of the Secretary of State (whether or not under an enactment) that relates to buildings.

I249I263C45 C4Police

1 The regulator may disclose to a constable information held by it in connection with any of its building functions.
2 A constable to whom information is disclosed in pursuance of sub-paragraph (1) must not use the information for a purpose other than—
a a purpose relating to the prevention, detection, investigation or prosecution of an offence (whether or not under this Act);
b a purpose of the police relating to public health or public safety;
c a purpose relating to national security.

I242I325C46 C4Public authorities

1 The Secretary of State may by regulations make provision requiring the regulator and any prescribed public authority to cooperate with each other in the exercise of—
a any building function of the regulator, and
b any prescribed function of the public authority, so far as it relates to England.
2 The Secretary of State may by regulations make provision authorising a relevant person and any prescribed public authority to disclose prescribed information to each other for the purpose of—
a any relevant function of the relevant person, and
b any prescribed function of the public authority, so far as it relates to England.
3 In this paragraph “relevant person” and “relevant function” have the meaning given in paragraph 2.

Schedule 4 

Transfer of approved inspectors’ functions to registered building control approvers

Section 43

I623I844I8451 The Building Act 1984 is amended as follows.
I597I847I8462 In section 42(1) (appeals) for “approved inspector” substitute “registered building control approver”.
I336I849I8483 In the heading before section 47, for “approved inspectors” substitute “registered building control approvers”.
I427I850I8514
1 Section 47 (giving and acceptance of initial notice) is amended as follows.
2 In subsection (1)—
a in paragraph (a) for “an approved inspector” substitute “a registered building control approver”;
b in the words after paragraph (d) for “approved inspector” substitute “registered building control approver”.
3 In subsection (5)(b)—
a for “approved inspector” substitute “registered building control approver”;
b for “his” substitute “their”.
I419I853I8525 Omit section 49 (approved inspectors).
I354I855I8546 In section 50(7) (plans certificates) for “approved inspector”, in both places it occurs, substitute “registered building control approver”.
I683I856I8577 In section 51(1) (final certificates)—
a for “an approved inspector” substitute “a registered building control approver”;
b for “him” substitute “them”;
c for “he” substitute “they”;
d for “his” substitute “their”.
I79I859I8588 In section 51A(2)(a)(ii) (variation of work) for “approved inspector” substitute “registered building control approver”.
I600I861I8609 In section 51C(2)(a) (change of person carrying out work) for “approved inspector” substitute “registered building control approver”.
I305I863I86210
1 Section 52 (cancellation of initial notice) is amended as follows.
2 In subsection (1)—
a in paragraph (a)
i for “approved inspector” substitute “registered building control approver”;
ii for “his” substitute “their”;
b in paragraph (b)
i for “approved inspector” substitute “registered building control approver”;
ii for “he is” substitute “they are”;
iii for “his” substitute “their”;
c in paragraph (c) for “approved inspector” substitute “registered building control approver”.
3 In subsection (2)(a) for “approved inspector” substitute “registered building control approver”.
I141I865I86411 In section 56(5) (powers to require information) for “approved inspector” substitute “registered building control approver”.
I650I866I86712 In section 57 (offences), for subsection (3) substitute—
I491I869I86813 In section 58(3) (construction of Part 2)—
a for “an approved inspector” substitute “a registered building control approver”;
b for “him” substitute “them”.
I170I870I87114 In section 126 (general interpretation)—
a omit the definition of “approved inspector”;
b at the appropriate place insert—
;
;
.

Schedule 5 

Minor and consequential amendments in connection with Part 3

Section 55

Part 1 Amendments of the Building Act 1984

I63I674I365I8721The Building Act 1984 is amended as follows.
I659I351I1282
1 Section 1 is amended as follows.
2 In subsection (1) for “Secretary of State” substitute “appropriate national authority”.
3 In subsection (4) for the words from “subject to” to the end substitute
I408I622I1693In section 1A(1) for “Secretary of State” substitute “appropriate national authority”.
I2144
I571I669I1981 Section 2 is amended as follows.
I639I6692 In subsection (1) for “Secretary of State” substitute “appropriate national authority”.
I149I8733 In subsections (3) and (4) for “local authority” substitute “building control authority”.
I3615
I226I611I6201 Section 3 is amended as follows.
I588I6112 In subsection (2) for “Secretary of State” substitute “appropriate national authority”.
I631I8743 After that subsection insert—
I631I8744 In subsection (3)—
a omit “not exceeding level 5 on the standard scale”;
b for “£50” substitute “level 1 on the standard scale”.
I155I182I6276In section 4(1)(a)(i) for “Secretary of State” substitute “appropriate national authority”.
I168I476I8757In section 5(3)(b) omit “of building regulations”.
I704I223I8768Omit section 5(4).
I160I541I59
1 Section 6 is amended as follows.
2 For “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.
3 In subsection (1) for “him”, in each place it occurs, substitute “the appropriate national authority”.
4 In subsection (4)(a) omit “him or”.
5 In subsection (5) omit “his or”.
6 After that subsection insert—
7 In subsection (8) for the words from “subject to” to the end substitute
8 After subsection (8) insert—
I577I698I46210
1 Section 7 is amended as follows.
2 In subsection (1)(a) for the words from “document” to “provision” substitute “relevant approved document”.
3 After subsection (1) insert—
I74211
I710I46I6871 Section 8 is amended as follows.
I258I462 For “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.
I258I463 In subsection (1) for “he” substitute “it”.
I189I8774 After subsection (3) insert—
I21012
I749I502I2051 Section 9 is amended as follows.
I616I5022 For “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.
I204I8213 In subsection (1) for “or (2) above” substitute “, (2) or (3A)”.
I204I8214 In subsection (2) for “The application” substitute “An application under section 8(1) or (2)”.
I204I8215 In subsection (3) at the end insert “or in a case where the regulator is the building control authority.”
I27913
I114I582I1651 Section 10 is amended as follows.
I44I5822 In subsections (1), (2), (4) and (5) for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.
I692I8783 In subsections (1), (2) and (5) for “local authority”, in each place it occurs, substitute “building control authority”.
I692I8784 In subsection (1) after “(2)” insert “, (3A)”.
I44I5825 In subsection (2) omit “he, they or”.
I44I5826 In subsection (4) omit “himself”.
I38114
I484I713I4501 Section 11 is amended as follows.
I435I7132 In subsection (1)—
a for “Secretary of State” substitute “appropriate national authority”;
b for “he may, either on an application made to him or of his” substitute “the authority may, either on an application made by any person (the “original applicant”) or of its”.
3 In subsection (2)(b)—
I25I822a after “may” insert “, either on an application or of the appropriate national authority’s own accord,”;
I435I713b for “Secretary of State” substitute “appropriate national authority”.
4 In subsection (3)—
I25I822a after “(1)” insert “or (2)(b)”;
I435I713b for “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.
I25I8225 After that subsection insert—
I25I8226 For subsections (4) and (5) substitute—
I25I8227 In subsection (6)—
a omit “not exceeding level 5 on the standard scale”;
b for “£50” substitute “level 1 on the standard scale”.
I258 In subsection (7) for the words from “before that time” to the end substitute “an application for building control approval in relation to the proposed work was made before that time.”
I43715
I681I370I5441 Section 12 is amended as follows.
I421I3702 In subsections (1), (3), (7), (8), (9) and (11) and the heading, for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.
I421I3703 In subsection (1) for “to him or of his” substitute “by any person (the “original applicant”) or of its”.
I421I3704 In subsection (3) for “he” substitute “it”.
I421I3705 In subsection (6)—
a for “Secretary of State”, in the first place it occurs, substitute “appropriate national authority”;
b for the words from “him” to the end substitute “it or of its own accord.”
I420I8236 In subsection (7) for “(1) or (6) above” substitute “(1), (6) or (8)”.
I420I8237 In subsection (8) for the words from “but” to the end substitute “either on an application or of the appropriate national authority’s own accord.”
I420I8238 After subsection (8) insert—
I421I3709 In subsection (9) for “he”, in both places it occurs, substitute “it”.
I42010 In subsection (10) for the words from “before that time” to the end substitute “an application for building control approval in relation to the proposed work was made before that time.”
I206I697I30216
1 Section 13 is amended as follows.
2 For “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.
3 In subsection (1) omit “on him”.
I531I705I32117
1 Section 14 is amended as follows.
2 Omit subsections (1) to (4).
3 In subsection (7) for the words from “such” to the end substitute “any other person that the Welsh Ministers consider appropriate.”
4 In subsection (8)—
a in paragraph (b) for “persons or bodies” substitute “persons”;
b for paragraph (c) substitute—
5 In the heading at the end insert “: Wales”.
I701I667I87918In section 15 after subsection (2) insert—
I19I699I88019For the heading before section 16 substitute “Building control approval”.
I118I74520Omit sections 16 and 17.
I77I18121
I8811 Section 19 is amended as follows.
I8812 For “local authority”, in each place it occurs except subsection (1), substitute “building control authority”.
3 In subsection (1)—
a for the words from the beginning to “plans show” substitute “Where an application for building control approval in respect of a proposed building is made to a building control authority, and it appears”;
b for “plans conform” substitute “application conforms”;
c in paragraph (a) for “the plans” substitute “the application”;
d in paragraph (b) for “passing the plans” substitute “granting the application”.
4 In subsection (2)—
a for “plans ought under the building regulations to have been deposited, but have not been deposited,” substitute “an application for building control approval ought to have been made but was not made”;
b in paragraph (b) for “passing of plans for the building” substitute “granting of such an application”.
5 In subsection (4) for “plans” substitute “an application”.
I72622
I234I549I6961 Section 20 is amended as follows.
I457I8822 For “local authority”, in each place it occurs except subsection (1), substitute “building control authority”.
I4573 In subsection (1)—
a for the words from the beginning to “plans show” substitute “Where an application for building control approval in respect of any proposed work is made to a building control authority, and it appears”;
b for “plans conform” substitute “application conforms”;
c in paragraph (a) for “the plans” substitute “the application”;
d in paragraph (b) for “passing the plans”, in both places it occurs, substitute “granting the application”.
I4574 In subsection (2)—
a in the words before paragraph (a), for the words from “plans” to “so deposited” substitute “an application for building control approval ought to have been made but was not made”;
b in paragraph (b) for “passing plans” substitute “granting the application”.
I4575 In subsection (3)—
a in the words before paragraph (a), for the words from “plans” to “so deposited” substitute “an application for building control approval was not required by building regulations to be made and was not made”;
b in paragraph (b) for the words from “if plans” to the end substitute “if an application for building control approval in respect of the work had been required to be made and had been made, might have been imposed under subsection (1) in granting the application,”.
I4576 In subsection (5)(a) for “plans” substitute “an application”.
I457I8827 In subsection (7)—
a omit “not exceeding level 5 on the standard scale”;
b for “£50” substitute “level 1 on the standard scale”.
I311I5498 In subsection (10)—
a for “Secretary of State” substitute “appropriate national authority”;
b for “his”, in both places it occurs, substitute “its”.
I605I26423
I8831 Section 21 is amended as follows.
I8832 For “local authority”, in each place it occurs, substitute “building control authority”.
3 In subsection (3) for “plans are deposited” substitute “an application for building control approval is made”.
4 In subsection (4) for the words from “plans” to “deposited with” substitute “an application for building control approval in respect of a building or an extension of a building is made to”.
I688I43924
I8841 Section 22 is amended as follows.
I8842 For “local authority”, in each place it occurs, substitute “building control authority”.
3 In subsection (2) for the words from “for whose drainage” to the end substitute “if building control approval has been given in respect of work comprising drainage for the building.”
I33I546I88525In section 23(3) for “local authority”, in both places it occurs, substitute “building control authority”.
I664I53926
I8861 Section 24 is amended as follows.
I8862 For “local authority”, in each place it occurs, substitute “building control authority”.
3 In subsection (1)—
a in paragraph (a) for the words from “plans” to “deposited with” substitute “an application for building control approval in respect of a building or an extension of a building is made to”;
b in the words after paragraph (b) for “plans” substitute “application”.
4 In subsection (2) for “plans are deposited” substitute “an application for building control approval is made”.
I574I55227
I8871 Section 25 is amended as follows.
I8872 For “local authority”, in each place it occurs, substitute “building control authority”.
3 In subsection (1)—
a for “plans of a house are, in accordance with building regulations, deposited with” substitute “an application for building control approval in respect of a house is made to”;
b for “the plans” substitute “the application”.
4 In subsection (2)—
a for “plans are deposited” substitute “an application for building control approval is made”;
b for “pass the plans” substitute “grant the application”.
5 In subsection (3) for “plans as aforesaid have been passed” substitute “application has been granted”.
I85I15128Omit section 31 (and the heading before it).
I470I71429In the heading before section 32 for “deposit of plans” substitute “building control approval”.
I246I752I88830
1 Section 33 is amended as follows.
2 For subsections (1) and (2) substitute—
3 After subsection (3) insert—
4 In subsections (4), (5) and (6) for “local authority”, in each place it occurs, substitute “building control authority”.
I208I40731Omit section 35A.
I196I30932
1 Section 36 is amended as follows.
2 In subsections (1) to (3) for “local authority”, in each place it occurs, substitute “building control authority”.
3 In subsection (1) after “those regulations” insert “or a requirement imposed by virtue of any of those regulations”.
4 In subsection (2)—
a for “any section of this Part of this Act other than section 16” substitute “any of sections 19 to 25”;
b for “plans”, in the first place it occurs, substitute “an application for building control approval”;
c for paragraphs (a) and (b) (including the “or” at the end of paragraph (b)) substitute—
;
d in paragraph (c) for “passed the plans” substitute “granted such an application”;
e in paragraph (ii) for “passing plans” substitute “granting such an application”.
5 For subsection (5) substitute—
6 In subsection (6)—
a for “does” substitute “, and sections 35B and 35C, do”;
b for “local authority”, in the first place it occurs, substitute “building control authority”;
c after “Attorney General” insert “, the Counsel General to the Welsh Government”;
d for paragraphs (a) to (c) substitute—
.
I722I344I88933In section 37(1) for “local authority”, in each place it occurs, substitute “building control authority”.
I178I646I89034In section 39(1) and (2) for “local authority”, in each place it occurs, substitute “building control authority”.
I191I314I89135In section 40(2), (3) and (6) for “local authority”, in each place it occurs, substitute “building control authority”.
I508I136I89236In section 41(1)(a) for the words from “under this” to the end substitute “under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part,”.
I345I39I89337In section 42(1) for “local authority”, in both places it occurs, substitute “building control authority”.
I66638Omit sections 44 and 45 (and the heading before section 44).
I343I672I89439In the heading of Part 2 for “LOCAL AUTHORITIES” substitute “BUILDING CONTROL AUTHORITIES”.
I70940
I94I256I111 Section 47 is amended as follows.
I3752 In subsection (2)—
a for “plans of it had been deposited with” substitute “an application for building control approval in respect of it had been made to”;
b for “passing the plans” substitute “granting the application”.
I89I2563 After subsection (3) insert—
I12I52441
I8951 Section 48 is amended as follows.
I8952 In subsection (1)—
a in paragraph (a) after “section” insert 35B, 35C or”;
b in paragraph (b) omit “of building regulations”.
3 In subsection (2)—
a in paragraph (a) for “deposit of plans” substitute “making of an application for building control approval”;
b in paragraph (b) for “deposited plans” substitute “plans accompanying the application for building control approval”;
c in paragraph (c) for “passing or, as the case may be, the rejection of plans” substitute “approval or rejection of the application”;
d for paragraph (d) substitute—
I24842
I606I522I1251 Section 51A is amended as follows.
I2532 In subsection (4)—
a for “plans of it had been deposited with” substitute “an application for building control approval in respect of it had been made to”;
b for “passing the plans” substitute “granting the application”.
I167I5223 After subsection (5) insert—
I107I46443In section 51B(1)—
a in paragraph (a) for “deposit of plans” substitute “making of an application for building control approval”;
b in paragraph (b) for “passing or, as the case may be, the rejection of plans” substitute “approval or rejection of the application”;
c in paragraph (c)—
i in the words before sub-paragraph (i) for “deposited plans” substitute “plans treated as accompanying the application for building control approval”;
ii in sub-paragraph (ii) for “the deposited plans” substitute “accompanying the application”;
d in paragraph (d) for the words from “, the cancellation” to the end substitute “and the initial notice ceases to be in force under section 53A, the application for building control approval (treated by virtue of paragraph (a) as made) is to be treated as if it was not made (and the approval was not given).”
I353I89644
I307I9581 Section 52 is amended as follows.
I3792 In subsection (4) omit “not exceeding level 5 on the standard scale”.
I8973 In subsection (6) for “(5)” substitute “(5A)”.
I277I48745In section 53 omit subsections (6) and (6A).
I20746
I134I28I3921 Section 54 is amended as follows.
I67I282 In subsection (1) for “Secretary of State” substitute “appropriate national authority”.
I2203 In subsection (2)—
a for “plans of it had been deposited with” substitute “an application for building control approval in respect of it had been made to”;
b for “passing the plans” substitute “granting the application”.
I547I213I89847In section 56(3) for the words from “, public body’s final certificates” to the end substitute “and public body’s final certificates.”
I693I265I89948
1 Section 57 is amended as follows.
2 In subsection (1)(a)(i) for the words from “of this Act” to the end (not including the “and”) substitute “or a provision of building regulations that is designated by the regulations for the purposes of this section,”.
3 In subsection (2)(a) omit “not exceeding the statutory maximum”.
I16I660I90049Omit section 58(2).
I143I451I59650In section 68(8)(b) for “Secretary of State” substitute “appropriate national authority”.
I633I335I40151In section 78(7)(b) omit “and (3) below”.
I337I902I90152In section 86(1)(a) for the words from “under this” to the end substitute “under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part,”.
I334I349I24453In section 90(2) for “Secretary of State” substitute “appropriate national authority”.
I95I668I90354In the italic heading before section 91 at the end insert “etc”.
I12455
I537I49I3841 Section 91A is amended as follows.
I649I9042 In subsections (1), (2) and (4) for “local authority”, in each place it occurs, substitute “relevant authority”.
I6493 In subsection (2)(a) omit “, or deposited with,”.
4 In subsection (5)—
I635I49a in the definition of “prescribed” for “Secretary of State” substitute “appropriate national authority”;
I649I904b insert at the appropriate place—
I649I9045 In the heading after “local authorities” insert “and the regulator”.
I635I496 Omit subsections (6) to (8).
I31I90556After section 91A insert—
I37757
I438I78I1481 Section 92 is amended as follows.
I348I9062 In subsection (1) after “authority”, in both places it occurs, insert “or the regulator”.
I55I783 In subsection (2)—
a for “Secretary of State” substitute “appropriate national authority”;
b omit “made by statutory instrument”.
I685I292I90758
1 Section 94 is amended as follows.
2 The existing provision becomes subsection (1) of that section.
3 In that subsection—
a in the words before paragraph (a) after “made by” insert “or under”;
b after paragraph (b) insert—
;
c in paragraph (c) for “other person” substitute “person other than an officer of a local authority or an authorised officer of the regulator”;
d after paragraph (c) insert—
;
e after paragraph (f) insert—
4 After that subsection insert—
I655I184I90859Omit section 94A.
I472I319I90960In section 95 after subsection (2) insert—
I761I364I91061In section 97 after “authority” insert “or the regulator”.
I59I29I91162In section 99(2)(a) after “authority” insert “or the regulator (as the case may be)”.
I260I425I91263
1 Section 100 is amended as follows.
2 For “local authority”, in each place it occurs, substitute “relevant authority”.
3 After subsection (3) insert—
I312I505I91364
1 Section 101 is amended as follows.
2 In subsection (1) for “local authorities” substitute “any relevant authority”.
3 In subsection (2) for “local authority” substitute “relevant authority”.
4 After that subsection insert—
I150I389I91465In section 102(3)(b)(ii) after “authority” insert “or the regulator”.
I644I87I91566
1 Section 104 is amended as follows.
2 In the provision—
a after “authority”, in the first place it occurs, insert “or the regulator”;
b after “authority”, in the second place it occurs, insert “or regulator”.
3 In the heading after “authority” insert “or regulator”.
I453I313I6967
1 Section 106 is amended as follows.
2 In subsection (2) omit “Subject to subsection (3) below,”.
3 Omit subsection (3).
I64I456I91668
1 Section 107 is amended as follows.
2 For “local authority”, in each place it occurs, substitute “relevant authority”.
3 After subsection (5) insert—
I773I474I91769
1 Section 108 is amended as follows.
2 For “local authority”, in each place it occurs, substitute “relevant authority”.
3 After subsection (4) insert—
I558I350I91870
1 Section 110 is amended as follows.
2 In the existing provision (which becomes subsection (1) of that section) for “local authority”, in each place it occurs, substitute “relevant authority”.
3 After that subsection insert—
I515I317I46571In section 111 for “Secretary of State” substitute “appropriate national authority”.
I270I82I91972
1 Section 112 is amended as follows.
2 The existing provision becomes subsection (1) of that section.
3 In that subsection for “level 1” substitute “level 3”.
4 After that subsection insert—
I174I565I92073In section 113(b) after “authority” insert “, the regulator, the Welsh Ministers, the Counsel General to the Welsh Government”.
I25174
I310I76I1421 Section 119 is amended as follows.
I209I762 In the existing provision (which becomes subsection (1) of that section)—
a for “Secretary of State” substitute “appropriate national authority or the regulator”;
b for “he” substitute “it”.
I147I9213 After that subsection insert—
I695I469I5075In the italic heading before section 120 at the end insert “and regulations”.
I51676
I690I175I3671 Section 120 is amended as follows.
I395I9222 In subsection (1) for the words from “section” to “this Act,” substitute “section 134(1)”.
I700I1753 In subsection (2)—
a omit “30(3) above or”;
b after “Secretary of State” insert “or Welsh Ministers”;
c for “him” substitute “the Secretary of State or Welsh Ministers”.
I432I645I665I744I9077After section 120 insert—
I161I103I16678
1 Section 121 is amended as follows.
2 In subsection (2) for “Secretary of State” substitute “appropriate national authority”.
3 After subsection (3) insert—
I442I64279Omit section 124.
I48I444I433I680I92380After section 125 insert—
I61881
I735I324I3271 Section 126 is amended as follows.
I330I362I589I327I9242 At the appropriate place insert—
;
;
;
;
;
;
;
;
;
.
I72I9253 Omit the definition of “relevant period”.
I556I284I11782In section 134 after subsection (1) insert—
I62883
I201I289I580I6841 Schedule 1 is amended as follows.
I557I5802 In paragraph 1(b) for “Secretary of State” substitute “appropriate national authority”.
I200I641I684I9263 Omit paragraphs 2 to 5.
I494I8244 In paragraph 6—
a for “local authorities”, in both places it occurs, substitute “building control authorities”;
b for “local authority” substitute “building control authority”.
I494I8245 In paragraph 7A(4) for “under paragraph 4A” substitute “by virtue of paragraph 1A.
I494I8246 In paragraph 8—
a in sub-paragraph (1)(e) omit the words “for the purposes of this paragraph”;
b in sub-paragraph (2) for “(6)” substitute “(7)”;
c after sub-paragraph (6) insert—
I557I5807 Omit paragraph 9.
I295I5808 For paragraph 10 substitute—
I557I5809 In paragraph 11 for “Secretary of State”, in both places it occurs, substitute “appropriate national authority”.
I5784
I661I607I6191 Schedule 2 is amended as follows.
I232I9272 For “local authority”, in each place it occurs, substitute “building control authority”.
I525I6073 In paragraphs 2 and 3(5) for “Secretary of State” substitute “appropriate national authority”.
I91I10685In Schedule 3, in paragraph 4 for “section 14(3)” substitute section 120B(3).
I712I415I92886In Schedule 4, in paragraph 4 omit sub-paragraph (6).

Part 2 Other amendments

I332I43087 Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2 to the Parliamentary Commissioner Act 1967, omit the entry relating to the Building Regulations Advisory Committee for England.

I68I40288 Freedom of Information Act 2000 (c. 36)

In Schedule 1 to the Freedom of Information Act 2000, in Part 6 omit the entry relating to the Building Regulations Advisory Committee for England.

I4089 Sustainable and Secure Buildings Act 2004 (c. 22)

1 The Sustainable and Secure Buildings Act 2004 is amended as follows.
2 In section 3 omit subsections (8) and (9).
3 In section 4 omit subsection (4).

I233I9790 The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)

1 The Regulatory Reform (Fire Safety) Order 2005 is amended as follows.
2 Omit article 45.
3 In article 52(1) omit sub-paragraph (k).

Schedule 6 

Appeals and other determinations

Section 56

I101I308I9291 Introduction

The Building Act 1984 is amended as follows.

Transfer from Secretary of State to the regulator

I478I497I9302In section 10(6) (procedure where appeal against decision of local authority under section 8) for the words from “to the Secretary of State” to the end substitute
I386I22I9313
1 Section 20 (use of materials unsuitable for permanent building) is amended as follows.
2 In subsection (5) omit the words from “to the Secretary of State” to the end.
3 After that subsection insert—
I636I153I9324
1 Section 39 (appeal against refusal to relax building regulations) is amended as follows.
2 In subsection (1) omit “to the Secretary of State”.
3 After that subsection insert—
4 Omit subsections (3) to (6).
I498I237I9335
1 Section 42 (appeal and statement of case to High Court in certain cases) is amended as follows.
2 Before subsection (1) insert—
3 In subsection (1)—
a for “Secretary of State gives” substitute “Welsh Ministers give”;
b for paragraph (b) (not including the “or” at the end) substitute—
.
4 In subsection (2) for paragraph (b) substitute—
.
5 In subsection (3)—
a omit “, reference”;
b after “subsection” insert (A1) or”;
c in paragraph (a) for “Secretary of State” substitute “appropriate national authority”.
6 In subsection (4) for “Secretary of State”, in each place it occurs, substitute “appropriate national authority”.
7 Omit subsection (7).
I399I99I9346Omit section 43 (procedure on appeal to Secretary of State on certain matters).
I382I3887After that section insert—
I708I53I9358In section 50 (plans certificates) for subsections (2) and (3) substitute—

Transfer from magistrates’ court to the tribunal: England

I286I740I9369In the following provisions for “a magistrates’ court” substitute “the appropriate court or tribunal”
a section 19(4) (use of short-lived materials);
b section 21(3), (4) and (6) (provision of drainage);
c section 22(4) (drainage of buildings in combination);
d section 24(2) (provision of exits etc);
e section 25(2) and (5) (provision of water supply);
f section 33(6) (tests for conformity with building regulations);
g section 36(3) (period for compliance with section 36 notice);
h section 40(1) (appeal against section 36 notice);
i section 55(1) (appeal against rejection of certain notices);
j section 62(2) (disconnection of drain);
k section 68(3) (erection of public conveniences);
l section 73(2) (raising of chimney);
m section 75(2), in both places it occurs, and section 75(3) (cellars etc below subsoil);
n section 77(1), in both places it occurs (dangerous buildings);
o section 78(7)(a) (dangerous buildings - emergency measures);
p section 85(3) (maintenance of entrances to courtyards);
q section 98 (power to require occupier to permit work);
r section 102(1) (appeal against notice requiring works);
s section 103(3) (notification requirement as regards right of appeal);
t in Schedule 2, paragraph 3(3) (application under section 8).
I273I100I93710In section 7(2)(b) after “court” insert “or tribunal”.
I720I753I93811In section 25(5) after “the court”, in both places it occurs, insert “or tribunal”.
I479I526I93912In section 33(6) after “the court”, in both places it occurs, insert “or tribunal”.
I240I670I94013In section 37(3) for “a court” substitute “the appropriate court or tribunal”.
I355I154I94114In section 40 after “the court”, in each place it occurs, insert “or tribunal”.
I132I604I94215In section 55(2) after “court” insert “or tribunal”.
I675I10I94316In section 62(2) after “the court” insert “or tribunal”.
I391I475I94417In section 64(5)(b) after “court” insert “or tribunal”.
I135I27I94518In section 70(4)(b) after “court” insert “or tribunal”.
I411I724I94619In section 75(2) after “court” insert “or tribunal”.
I512I769I94720In section 77(1) after “court” insert “or tribunal”.
I530I73I94821In section 78(7)(b) after “court” insert “or tribunal”.
I272I61I94922In section 83(3)(b) after “court” insert “or tribunal”.
I369I400I95023In section 98—
a for “a complaint” substitute “an application or (as the case may be) complaint”;
b after “court” insert “or tribunal”.
I202I662I95124In section 102(2), (3) and (4) after “court”, in each place it occurs, insert “or tribunal”.
I538I372I95225
1 Section 103 is amended as follows.
2 After subsection (1) insert—
3 In subsection (2)—
a for “local” substitute “relevant”;
b after “making of the” insert “application or”.
4 In subsection (3) “local” substitute “relevant”.
5 After that subsection insert—
6 In the heading for “magistrates’ court” substitute “appropriate court or tribunal”.
I543I397I95326In section 104 after “court”, in both places it occurs, insert “or tribunal”.
I548I8I95427In section 105 after “court” insert “or tribunal”.
I86I241I95528In Schedule 2 in paragraph 2(b) after “court” insert “or tribunal”.

I217I23529 Enforcement

After section 105 insert—

I418I630I500I608I95630 Appeal: local authority decision not to consider application etc

After section 101 insert—

Schedule 7 

Special measures

Section 102

I567I8011 Introductory

In this Schedule—
  • special measures manager” means a person appointed under paragraph 4;
  • special measures order” means an order under paragraph 4.

I434I8022 Notification by regulator before applying for special measures order

1 This paragraph applies where the regulator proposes to make an application under paragraph 4 for a special measures order in relation to an occupied higher-risk building.
2 The regulator must give a notice (an “initial notice”) of the proposal to—
a each accountable person for the building,
b each resident of the building who is aged 16 or over,
c each owner of a residential unit in the building,
d any managing agent for the building or any relevant part of the building,
e any recognised tenants’ association for the building or any part of the building,
f any manager appointed under section 24 of the Landlord and Tenant Act 1987 in relation to the building or any part of the building,
g the fire and rescue authority for the area in which the building is situated,
h the local housing authority for the area in which the building is situated,
i where any accountable person for the building is a registered provider of social housing, the Regulator of Social Housing, and
j where any part of the building contains premises occupied for the purposes of a business, each responsible person (within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005) in relation to those premises.
3 The initial notice must—
a state that the regulator proposes to make an application for a special measures order in relation to the building,
b specify the address of the building,
c specify the reasons for the proposed application,
d specify the terms of the order that the regulator proposes to invite the tribunal to make (including the name and address of the person the regulator proposes to be the special measures manager for the building),
e specify a period in which recipients of the notice may make representations in response to the notice, and
f state that any representations must be in writing to such postal or email address as is specified in the notice.
4 Where the terms specified by virtue of sub-paragraph (3)(d) include a term requiring an accountable person for the building to make payments to the special measures manager for the building, the regulator must give to the persons mentioned in sub-paragraph (2) a financial management proposal with the initial notice.
5 After the end of the period mentioned in sub-paragraph (3)(e) the regulator must—
a decide whether to make the application, and
b give a notice (a “final notice”) of its decision to the persons mentioned in sub-paragraph (2).
6 The final notice must—
a state whether or not the regulator intends to make the application,
b specify the reasons for reaching that decision, and
c if the regulator intends to make the application, specify the terms of the order that the regulator intends to invite the tribunal to make (including the name and address of the person the regulator proposes to be the special measures manager for the building).
7 Where the terms specified by virtue of sub-paragraph (6)(c) include a term requiring an accountable person for the building to make payments to the special measures manager for the building, the regulator must give to the persons mentioned in sub-paragraph (2) a financial management proposal with the final notice.
8 The regulator must comply with sub-paragraphs (5) to (7) before making the application.
9 The duty under sub-paragraph (2), (4), (5)(b) or (7) does not apply in relation to a person mentioned in sub-paragraph (2) if the regulator—
a is not aware of the person, and
b has taken all reasonable steps to ascertain the identity of the persons mentioned in that sub-paragraph.
10 In this paragraph—
  • financial management proposal” has the meaning given by paragraph 3;
  • relevant part”, in relation to a higher-risk building, means any part of the building except premises occupied for the purposes of a business.
11 The Secretary of State may by regulations make provision in relation to notices under this paragraph, including in particular provision about—
a the form of the notice;
b the way in which the notice must be given.
12 The Secretary of State may by regulations amend the list in sub-paragraph (2).

I716I8033 Meaning of “financial management proposal”

1 In this Schedule “financial management proposal”, in relation to a higher-risk building, means a document setting out—
a an estimate of the relevant expenses the regulator expects a special measures manager for the building to incur (including a reasonable amount in respect of contingencies),
b the measures to which the relevant expenses relate, and
c if there is more than one accountable person for the building—
i the regulator's proposed apportionment of the relevant expenses between them, and
ii the reasons for that proposal (including any calculation giving rise to it).
2 In this Schedule “relevant expenses” means expenses incurred by the special measures manager for a higher-risk building in connection with the exercise of their functions in relation to the building.

I239I8044 Special measures order

1 The regulator may apply to the tribunal for an order under this paragraph in relation to an occupied higher-risk building (a “special measures order”).
2 A special measures order is an order appointing a person to be the manager (a “special measures manager”) for the building to carry out the functions of all accountable persons for the building under, or under regulations made under, this Part.
3 A special measures order may also appoint the manager to carry out any function as a receiver in relation to commonhold building safety assessments.
4 The tribunal may make a special measures order if satisfied that there has been a serious failure, or a failure on two or more occasions, by an accountable person for the building to comply with a duty imposed on that person under, or under regulations made under, this Part.
5 A special measures order may make provision with respect to—
a payments to be made by an accountable person for the building to the special measures manager in connection with relevant expenses incurred, or to be incurred, by the manager,
b any other matter relating to the exercise of the manager’s functions, and
c any incidental or ancillary matter.
6 A special measures order may not make the provision mentioned in sub-paragraph (5)(a) in relation to a higher-risk building on commonhold land.
7 A special measures order continues in force until it is discharged.
8 In this Schedule “commonhold building safety assessment” means income raised from commonhold unit-holders by virtue of section 38A of the Commonhold and Leasehold Reform Act 2002.

I137I8055 Special measures order: supplementary

1 This paragraph applies where a special measures order is made in relation to a higher-risk building.
2 While the order is in force any function of an accountable person for the building under, or under regulations made under, this Part is to be treated as a function of the special measures manager for the building, except any function relating to—
a the making of an application to the tribunal, or
b the making of an appeal to the tribunal.
3 Any compliance notice given under section 99 relating to the building ceases to have effect (but this does not affect any liability incurred as a result of a contravention of a compliance notice occurring before the making of the order).

I564I8066 Payments received by special measures manager to be held on trust

1 This paragraph applies where a special measures order relating to a higher-risk building requires one or more accountable persons for the building to make payments to the special measures manager for the building.
2 The manager must hold the payments (together with any income accruing on those payments) as either—
a a single trust fund, or
b in two or more separate trust funds.
3 The manager must hold any trust fund—
a on trust to defray relevant expenses, and
b subject to that, on trust for the accountable person or persons for the building for the time being.
4 The accountable person or persons for the building for the time being are to be treated as entitled by virtue of sub-paragraph (3)(b) to—
a if there is one accountable person for the building, the residue of the fund or funds;
b otherwise, to such shares in that residue as the accountable persons may agree in writing or (in default of agreement) as the tribunal may direct.
5 An application for a direction under sub-paragraph (4)(b) may be made by—
a the regulator,
b an accountable person for the building, or
c the manager.

I296I8077 Effect of special measures order on relevant contracts and legal proceedings

1 Sub-paragraphs (2) and (6) apply while a special measures order relating to a higher-risk building is in force.
2 A relevant contract has effect as if relevant rights and liabilities of an accountable person for the building arising under the contract were rights and liabilities of the special measures manager for the building.
3 A contract is a “relevant contract” if—
a it is effective on the date the special measures order is made,
b one of the parties to it is an accountable person for the building,
c one or more rights or liabilities of that person under the contract are relevant rights or liabilities,
d it is specified for the purposes of this sub-paragraph in the special measures order or falls within a description of contracts so specified, and
e the manager gives notice in writing to the parties to it stating that sub-paragraph (2) is to apply to it.
4 A right or liability of an accountable person for the building under a relevant contract is a “relevant right or liability” if it relates to a function of that person under, or under regulations made under, this Part in relation to the building.
5 The notice under sub-paragraph (3)(e) must state which rights or liabilities under the contract are relevant rights or liabilities.
6 The special measures manager for the building may bring, continue or defend a relevant cause of action.
7 A cause of action is a “relevant cause of action” if—
a it accrued to or against an accountable person for the building before the date the special measures order was made,
b it relates to a function of that person under, or under regulations made under, this Part in relation to the building,
c it is specified for the purposes of this sub-paragraph in the special measures order or falls within a description of causes of action so specified, and
d the manager gives notice in writing to any person the manager considers would have an interest in the cause of action that sub-paragraph (6) is to apply to it.
8 Where, by virtue of this paragraph, the special measures manager for the building is subject to a liability to pay damages in respect of anything done (or not done) before the date of their appointment by or on behalf of an accountable person for the building, that person is liable to reimburse to the manager an amount equal to the amount of damages paid by the manager.

Special measures orders and orders under section 24 of the Landlord and Tenant Act 1987

I387I8088
1 Sub-paragraph (2) applies where—
a the tribunal makes a special measures order in relation to a higher-risk building, and
b an order under section 24 of the Landlord and Tenant Act 1987 appointing a manager in relation to that building is in force (a “section 24 order”).
2 The tribunal may amend the section 24 order so as to ensure that the functions to be carried out by virtue of that order do not include any function that the special measures order provides is to be carried out by the special measures manager.
3 In section 24 of the Landlord and Tenant Act 1987, after subsection (2B) insert—
I199I8099
1 The Landlord and Tenant Act 1987 is amended as follows.
2 In section 21(2) after “subsection (3)” insert “and section 24ZA”.
3 After section 24 insert—

I66I81010 Provision of financial assistance by regulator

1 The regulator may give financial assistance to the special measures manager for a higher-risk building by way of loans or grants.
2 The Secretary of State may by regulations make provision in relation to financial assistance given under this paragraph, including in particular provision about—
a the circumstances in which financial assistance may be given;
b the kind of financial assistance that may be given;
c conditions that may or must be attached to any financial assistance (including conditions as to repayment).
3 In this paragraph “special measures manager”, in relation to a higher-risk building, includes the person who was the special measures manager for that building immediately before the special measures order relating to the building was discharged.

I723I81111 Special measures order: further directions

1 This paragraph applies while a special measures order relating to a higher-risk building is in force.
2 On an application by a person mentioned in sub-paragraph (3) the tribunal may give directions to the special measures manager for the building or any other person with respect to—
a any matter relating to the exercise of the manager’s functions, and
b any incidental or ancillary matter.
3 The persons are—
a the regulator,
b an accountable person for the building, or
c the manager.

I706I81212 Regulator to keep certain matters under review

1 This paragraph applies while a special measures order relating to a higher-risk building is in force.
2 The regulator must, from time to time (and at least once every 12 months), review the following matters—
a the measures taken by the special measures manager in exercising the manager’s functions;
b the expenses incurred by the manager in connection with taking those measures;
c any payments made by accountable persons for the building to the manager in respect of any of those expenses;
d any amounts received by the manager by way of commonhold building safety assessments in relation to the building.
3 If, on such a review, the regulator considers that any term of the order should be varied, it must make such application under paragraph 14 as it considers appropriate.

I590I81313 Notification by regulator before applying to vary special measures order

1 This paragraph applies where the regulator proposes to make an application under paragraph 14 to vary a special measures order relating to a higher-risk building.
2 The regulator must give a notice (an “initial notice”) of the proposal to—
a each accountable person for the building,
b each resident of the building who is aged 16 or over,
c each owner of a residential unit in the building,
d any managing agent for the building or any relevant part of the building,
e any recognised tenants’ association for the building or any part of the building,
f any manager appointed under section 24 of the Landlord and Tenant Act in relation to the building or any part of the building,
g the fire and rescue authority for the area in which the building is situated,
h the local housing authority for the area in which the building is situated,
i where any accountable person for the building is a registered provider of social housing, the Regulator of Social Housing, and
j where any part of the building contains premises occupied for the purposes of a business, each responsible person (within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005) in relation to those premises.
3 The initial notice must—
a state that the regulator proposes to make an application to vary the special measures order specified in the notice,
b specify the reasons for the proposed application,
c specify the terms of the order that the regulator proposes to invite the tribunal to make,
d specify a period in which recipients of the notice may make representations in response to the notice, and
e state that any representations must be in writing to such postal or email address as is specified in the notice.
4 After the end of the period mentioned in sub-paragraph (3)(d) the regulator must—
a decide whether to make the application, and
b give a notice (a “final notice”) of its decision to the persons mentioned in sub-paragraph (2).
5 The final notice must—
a state whether or not the regulator intends to make the application,
b specify the reasons for reaching that decision, and
c if the regulator intends to make the application, specify the terms of the order that the regulator intends to invite the tribunal to make.
6 The regulator must comply with sub-paragraphs (4) and (5) before making the application.
7 The duty under sub-paragraph (2) or (4)(b) does not apply in relation to a person mentioned in sub-paragraph (2) if the regulator—
a is not aware of the person, and
b has taken all reasonable steps to ascertain the identity of the persons mentioned in that sub-paragraph.
8 In this paragraph “relevant part”, in relation to a higher-risk building, has the meaning given by paragraph 2(10).
9 The Secretary of State may by regulations make provision in relation to notices under this paragraph, including in particular provision about—
a the form of the notice;
b the way in which the notice must be given.
10 The Secretary of State may by regulations amend the list in sub-paragraph (2).

I504I81414 Variation or discharge of special measures order

1 The tribunal may vary or discharge a special measures order relating to a higher-risk building on an application by—
a the regulator,
b an accountable person for the building, or
c the special measures manager for the building.
2 An application to vary a special measures order so as to change the identity of the manager may only be made by the regulator.
3 In considering whether to vary or discharge an order the tribunal must have regard to—
a the likelihood of variation or discharge of the order resulting in a recurrence of the circumstances which led to the order being made, and
b whether it is just and convenient in all the circumstances to vary or discharge the order.
4 Sub-paragraphs (2) and (3) do not apply on an application where each person mentioned in sub-paragraph (1) agrees to the application (and for this purpose where there is more than one accountable person each accountable person must agree).
5 Sub-paragraph (4) does not require the agreement of the special measures manager where that person lacks capacity to agree to the application.
6 Where the order is varied or discharged, the tribunal may give directions to any person with respect to—
a any matter relating to the variation or discharge, and
b any incidental or ancillary matter.
7 Where the order is discharged the tribunal must direct the special measures manager to—
a prepare a reconciliation account, and
b give a copy of the account to—
i the regulator, and
ii each accountable person for the building.
8 The tribunal may give a direction under sub-paragraph (6)(a) (at the time the order is discharged or after that time) for the making of a payment—
a by an accountable person for the building to the special measures manager, or
b by the special measures manager to an accountable person for the building.
9 In this paragraph—
  • reconciliation account” means a document—
    1. setting out, in relation to the period during which the special measures order was in force, a comparison between—
      1. the receipts and expenses of the manager in connection with the exercise of their functions in relation to the building, and
      2. the credits to, and debits from, all relevant accounts, and
    2. containing a statement explaining any differences;
  • relevant account” means an account in which any of the following are (or have been) held—
    1. payments made by an accountable person for the building to the manager;
    2. amounts received by the manager by way of commonhold building safety assessments in relation to the building.
10 In this paragraph “special measures manager”, in relation to a higher-risk building, includes the person who was the special measures manager for that building immediately before the special measures order relating to the building was discharged.

I371I81515 Notifications about special measures order

1 The regulator must take all reasonable steps to notify the persons mentioned in sub-paragraph (2) of the making, variation or discharge of a special measures order in relation to a higher-risk building.
2 The persons are—
a each accountable person for the building,
b each resident of the building who is aged 16 or over,
c each owner of a residential unit in the building,
d any managing agent for the building or any relevant part of the building,
e any recognised tenants’ association for the building or any part of the building,
f any manager appointed under section 24 of the Landlord and Tenant Act 1987 in relation to the building or any part of the building,
g the fire and rescue authority for the area in which the building is situated,
h the local housing authority for the area in which the building is situated,
i where any accountable person for the building is a registered provider of social housing, the Regulator of Social Housing, and
j where any part of the building contains premises occupied for the purposes of a business, each responsible person (within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005) in relation to those premises.
3 In this paragraph “relevant part”, in relation to a higher-risk building, has the meaning given by paragraph 2(10).
4 The Secretary of State may by regulations amend the list in sub-paragraph (2).

I560I81616 Special measures order: change in accountable person etc

1 Sub-paragraphs (2) and (3) apply where at any time (“the relevant time”) during which a special measures order relating to a higher-risk building is in force, an accountable person for the building (“the outgoing person”) ceases to be responsible for all or any part of the building (“the relevant part of the building”).
2 From the relevant time the special measures order ceases to apply to the outgoing person in relation to the relevant part of the building.
3 From the relevant time the special measures order applies to any person who, immediately after the relevant time—
a is an accountable person for the building, and
b is responsible for the relevant part of the building or any part of the relevant part,
as it applied to the outgoing person in relation to the relevant part or part of the relevant part (as the case may be) immediately before the relevant time.
4 But sub-paragraphs (2) and (3) do not affect any liability under the order to which the outgoing person became subject before the relevant time.
5 Where an enactment requires interests, charges or other obligations affecting land to be registered, sub-paragraph (3) has effect whether or not the special measures order is registered.
6 Nothing in this paragraph affects the powers of the tribunal under paragraph 14 (power to vary special measures order etc).

I290I81717 Interpretation

In this Schedule—
  • commonhold building safety assessment” has the meaning given by paragraph 4;
  • local housing authority” has the meaning given by section 261 of the Housing Act 2004;
  • managing agent”: for the purposes of this Schedule a person (A) is a managing agent for any part of a building if—
    1. A has been appointed to discharge the obligations of a person (B) relating to the management by B of that part of the building, and
    2. B has a legal estate in that part of the building which is—
      1. an estate in fee simple absolute in possession, or;
      2. a term of years absolute granted for a term of more than 21 years from the date of the grant;
  • recognised tenants association” has the meaning given by section 29 of the Landlord and Tenant Act 1985;
  • relevant expenses” has the meaning given by paragraph 3;
  • special measures manager” has the meaning given by paragraph 1;
  • special measures order” has the meaning given by paragraph 1.

Schedule 8 

Remediation costs under qualifying leases etc

Section 122

I3421 Interpretation

1 In this Schedule
  • associated”: see section 121;
  • F31...
  • joint venture” includes a partnership (as defined by section 121);
  • prescribed” means prescribed by regulations made by the Secretary of State;
  • qualifying lease”: see section 119;
  • the qualifying time” has the same meaning as in section 119;
  • relevant building”: see section 117;
  • relevant defect”: see section 120;
  • relevant measure”, in relation to a relevant defect, means—
    1. a measure taken to remedy the relevant defect, or
    2. a relevant step taken in relation to the relevant defect;
  • relevant step”: see section 120;
  • F31...
  • service charge” has the meaning given by section 18 of the Landlord and Tenant Act 1985.
2 The definition of “service charge” applies in relation to a lease of premises that do not include a dwelling as it applies in relation to a lease of a dwelling.

I587C32 No service charge payable for defect for which landlord or associate responsible

1 This paragraph applies in relation to a lease of any premises in a relevant building.
2 No service charge is payable under the lease in respect of a relevant measure relating to a relevant defect if a relevant landlord—
a is responsible for the relevant defect, or
b is associated with a person responsible for a relevant defect.
3 For the purposes of this paragraph a person is “responsible for” a relevant defect if—
a in the case of an initial defect, the person was, or was in a joint venture with, the developer or undertook or commissioned works relating to the defect;
b in any other case, the person undertook or commissioned works relating to the defect.
4 In this paragraph
  • developer” 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;
  • initial defect” means a defect which is a relevant defect by virtue of section 120(3)(a);
  • relevant landlord” means the landlord under the lease at the qualifying time or any superior landlord at that time.

I2783 No service charge payable if landlord meets contribution condition

1 No service charge is payable under a qualifying lease in respect of a relevant measure relating to any relevant defect if the landlord under the lease at the qualifying time (“the relevant landlord”) met the contribution condition.
2 The contribution condition is that the landlord group’s net worth at the qualifying time was more than N x £2,000,000,where N is the number of relevant buildings within sub-paragraph (3).
3 A relevant building is within this sub-paragraph if a member of the landlord group was, at the qualifying time, a landlord under a lease of the relevant building or any part of it.
4 For the purposes of this paragraph
a the landlord group” means the relevant landlord and any person associated with the relevant landlord;
b the net worth of the landlord group at the qualifying time is to be determined in accordance with regulations made by the Secretary of State.
5 The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (2).
6 This paragraph does not apply if, at the qualifying time, the relevant landlord was—
a a private registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008),
b a local authority (as defined by section 30), or
c a prescribed person.

I7284 No service charge payable where lease below certain value

1 No service charge is payable under a qualifying lease in respect of a relevant measure relating to any relevant defect if the value of the qualifying lease at the qualifying time was less than—
a £325,000, if the premises demised by the qualifying lease are in Greater London;
b £175,000, in any other case.
2 For the purposes of this paragraph the value of a qualifying lease at the qualifying time is its value determined in accordance with paragraph 6 and regulations made under it.

I6385 Limit on service charge in other cases

1 A service charge which would otherwise be payable under a qualifying lease in respect of a relevant measure relating to any relevant defect is payable only if (and so far as) the sum of—
a the amount of the service charge, and
b the total amount of relevant service charges which fell due before the service charge fell due,
does not exceed the permitted maximum.
2 In this paragraphrelevant service charge” means a service charge under the lease in respect of a relevant measure relating to any relevant defect that—
a fell due in the pre-commencement period, or
b falls due after commencement.
3 In sub-paragraph (2)the pre-commencement period” means the period—
a beginning 5 years before commencement or, if later, on the day the relevant person became the tenant under the qualifying lease, and
b ending with commencement.
The relevant person” means the person who was the tenant under the qualifying lease at commencement.
4 In this paragraph
  • commencement” means the time this paragraph comes into force;
  • the permitted maximum”: see paragraph 6.

I6576  Paragraph 5: the permitted maximum

1 In paragraph 5the permitted maximum”, in relation to a qualifying lease, has the following meaning.
2 The permitted maximum is (subject to sub-paragraphs (3) to (5))—
a if the premises demised by the qualifying lease are in Greater London, £15,000;
b otherwise, £10,000.
3 Where the value of the qualifying lease at the qualifying time exceeded £1,000,000 but did not exceed £2,000,000, the permitted maximum is £50,000.
4 Where the value of the qualifying lease at the qualifying time exceeded £2,000,000, the permitted maximum is £100,000.
5 Where the qualifying lease is a shared ownership lease and the tenant’s total share was less than 100% at the qualifying time—
a the value of the qualifying lease at that time is to be determined as if the tenant’s total share at that time was 100%;
b the permitted maximum is the tenant’s total share (as at that time) of what would otherwise be the permitted maximum.
6 The Secretary of State may by regulations make provision about the determination of the value of a qualifying lease for the purposes of paragraph 4 and this paragraph.
7 The regulations may in particular provide that, except in prescribed cases, the value of a qualifying lease at the qualifying time is to be determined by—
a ascertaining the consideration given on the latest disposal of the qualifying lease on the open market to have been made before that time, and
b if that disposal occurred before 2022, uprating the consideration in accordance with the regulations.
8 In this paragraph “shared ownership lease” and “total share” have the meaning given by section 7 of the Leasehold Reform, Housing and Urban Development Act 1993.

I6247 Annual limit on service charges

1 A relevant service charge which would otherwise be payable under a qualifying lease is payable only if (and so far as) the sum of—
a the amount of the service charge, and
b the total amount of relevant service charges which fell due in the period of 12 months ending with the day on which the service charge fell due,
does not exceed one tenth of the permitted maximum.
2 In this paragraph—.
  • the permitted maximum” means the permitted maximum as defined by paragraph 6 in relation to the lease;
  • relevant service charge” means a service charge under a qualifying lease in respect of a relevant measure relating to any relevant defect.

I3298 No service charge payable for cladding remediation

1 No service charge is payable under a qualifying lease in respect of cladding remediation.
2 In this paragraphcladding remediation” means the removal or replacement of any part of a cladding system that—
a forms the outer wall of an external wall system, and
b is unsafe.

I1729 No service charge payable for legal or professional services relating to liability for relevant defects

1 No service charge is payable under a qualifying lease in respect of legal or other professional services relating to the liability (or potential liability) of any person incurred as a result of a relevant defect.
1A Sub-paragraph (1) does not apply to the extent that the service charge is payable to a management company in respect of legal or other professional services provided to the company in connection with an application or possible application by the company for or relating to a remediation contribution order under section 124.
2 In this paragraph the reference to services includes services provided in connection with—
a obtaining legal advice,
b any proceedings before a court or tribunal,
c arbitration, or
d mediation.
3 In sub-paragraph (1A) “management company” means—
a a resident management company, or
b an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage).
4 Resident management company” means a body corporate which is party to a lease of a building where—
a the body corporate is limited by guarantee and the members of that body are tenants under leases of dwellings in the building (“leaseholders”), or
b the majority of the shares of the body corporate are held by leaseholders.

I35710 Paragraphs 2 to 4, 8 and 9: supplementary

1 This paragraph supplements paragraphs 2 to 4, 8 and 9 (the “relevant paragraphs”).
2 Where a relevant paragraph provides that no service charge is payable under a lease in respect of a thing—
a no costs incurred or to be incurred in respect of that thing (or in respect of that thing and anything else)—
i are to be regarded for the purposes of the relevant provisions as relevant costs to be taken into account in determining the amount of a service charge payable under the lease, or
ii are to be met from a relevant reserve fund;
b any amount payable under the lease, or met from a relevant reserve fund, is limited accordingly (and any necessary adjustment must be made by repayment, reduction of subsequent charges or otherwise).
3 In this paragraph
  • the relevant provisions” means sections 18 to 30 of the Landlord and Tenant Act 1985 (service charges) and section 42 of the Landlord and Tenant Act 1987 (service charge contributions to be held on trust);
  • relevant reserve fund” means—
    1. a trust fund within the meaning of section 42 of the Landlord and Tenant Act 1987,
    2. an express trust of a kind mentioned in subsection (9) of that section, comprising payments made by the tenant under the lease and others, or
    3. any other fund comprising payments made by the tenant under the lease and others, and held for the purposes of meeting costs incurred or to be incurred in respect of the relevant building in question or any part of it (or in respect of that building or part and anything else).
4 The Secretary of State may by regulations modify the application of this paragraph as it applies in relation to a lease of premises that do not include a dwelling.

I75511 No increase in service charge for other tenants

Where—
a an amount (“the original amount”) would, apart from this Schedule, be payable by a tenant under a lease of premises in a relevant building, and
b a greater amount would (apart from this paragraph) be payable under the lease as a result of this Schedule,
the lease has effect as if the amount payable were the original amount.

I1412 Recovery of service charge amounts from landlords

1 The Secretary of State may by regulations make provision for and in connection with the recovery, from a prescribed relevant landlord, of any amount that is not recoverable under a lease as a result of this Schedule.
2 In this paragraphrelevant landlord”, in relation to a lease, means the landlord under the lease or any superior landlord.

I57213 Presumption: qualifying lease

1 This paragraph applies in relation to a lease that meets the conditions in paragraphs (a) to (c) of section 119(2).
2 The lease is to be treated for the purposes of this Schedule as a qualifying lease unless—
a the landlord under the lease has taken all reasonable steps (and any prescribed steps) to obtain a qualifying lease certificate from a tenant under the lease, and
b no such certificate has been provided to the landlord.
3 In this paragraphqualifying lease certificate” means a certificate, complying with any prescribed requirements, that the condition in section 119(2)(d) was met in relation to the lease at the qualifying time.
4 The requirements that may be prescribed include requirements as to—
a the information to be provided in the certificate,
b the form of the certificate, and
c the execution of the certificate.

I51014 Presumptions relating to landlord under qualifying lease

1 The person who was the landlord under a qualifying lease at the qualifying time (“the relevant landlord”) is to be treated for the purposes of this Schedule as having met the contribution condition (as defined by paragraph 3) unless the landlord under the lease provides to the tenant under the lease a certificate, complying with any prescribed requirements, that the relevant landlord did not meet that condition.
2 The Secretary of State may by regulations provide that (in some or all cases) the condition in paragraph 2(2) is to be treated for the purposes of this Schedule as met in relation to a lease to which paragraph 2 applies unless the landlord under the lease provides to the tenant under the lease a certificate that complies with any prescribed requirements.
3 The requirements that may be prescribed include requirements as to—
a the information to be provided in the certificate,
b the form of the certificate, and
c the execution of the certificate.

I22715 Information from tenants

1 The Secretary of State may by regulations make provision requiring a tenant under a qualifying lease to give prescribed information or documents to the landlord under the lease or any superior landlord.
2 The regulations may provide that the information or documents are to be given in a prescribed way.

Information from landlords

I42216
1 The Secretary of State may by regulations make provision requiring a relevant landlord to give prescribed information or documents to a relevant tenant or other prescribed person.
2 Information or documents may be prescribed if they relate to any matter with which this Schedule is concerned.
3 The regulations may require the information or documents to be given in a prescribed way.
4 The regulations may provide that where a relevant landlord fails to comply with the regulations, prescribed costs—
a are not to be regarded as relevant costs to be taken into account in determining the amount of a service charge payable under a relevant lease, and
b must not be met from a relevant reserve fund.
5 The regulations may make provision for and in connection with an application to the First-tier Tribunal for an order—
a determining whether a relevant landlord has failed to comply with the regulations, and
b if so, requiring the relevant landlord to provide specified information or documents to a specified person by a specified time.
“Specified” here means specified in the order.
6 Nothing in sub-paragraph (5) limits the effect of regulations made by virtue of sub-paragraph (4).
7 Information or documents may be specified in an order under sub-paragraph (5) only if the regulations require them to be provided to the specified person.
8 In this paragraph
  • relevant costs” has the meaning given by section 18 of the Landlord and Tenant Act 1985 (and this applies in relation to a lease of premises that does not include a dwelling as it applies in relation to a lease of a dwelling);
  • relevant landlord” means a landlord under a relevant lease;
  • relevant lease” means a lease of premises in a relevant building;
  • relevant reserve fund” has the meaning given by paragraph 10;
  • relevant tenant” means a tenant under a relevant lease.
I48617In section 21 of the Landlord and Tenant Act 1985 (service charge information), in subsection (6A) (inserted by section 112), after “2022)” insert “or relevant buildings (as defined by section 117 of that Act)”.

I35918 Anti-avoidance

A covenant or agreement (whenever made) is void insofar as it purports to exclude or limit any provision made under this Schedule.

Schedule 9 

The new homes ombudsman scheme

Section 137(1)

I2801 Appointment of the new homes ombudsman

The scheme must include provision about the appointment of the new homes ombudsman.

Membership

I4062
1 The scheme must include provision about the procedure for becoming and remaining a member of the scheme.
2 That provision may include—
a a requirement to pay a fee;
b a requirement to provide information;
c a requirement to have internal procedures in place for the handling and resolution of complaints about matters in relation to which complaints may be made under the scheme.
3 If the scheme includes a requirement mentioned in sub-paragraph (2)(c), it must also include a requirement to publish the procedures.
I6793 The scheme may provide for different categories of member and the provision mentioned in paragraph 2 (including provision about fees) may differ as between such categories.

Fees

I6784 The fees payable by a member may be calculated by reference to the total of the costs incurred, or to be incurred, in the operation of the scheme (including costs unconnected with the member in question).
I4035 Where a scheme is maintained by a person other than—
a the Secretary of State, or
b a person acting on behalf of the Secretary of State,
fees may be set at a level such that the total of all fees payable by members exceeds the total of the costs of operating the scheme.

Complaints under the scheme: subject matter and procedure

I1596 The scheme must include provision about—
a the matters in relation to which complaints against members of the scheme may be made under the scheme (which may include complaints about non-compliance with a code of practice issued or approved under section 142), and
b the procedure for making complaints under the scheme.
I5557 The provision mentioned in paragraph 6(b)
a must not include any requirement to pay a fee;
b may differ as between different categories of member;
c may include provision about the use of any internal procedures a member has in place for the handling or resolution of complaints.

Complaints under the scheme: investigation and determination

I7038
1 The scheme must include provision about the investigation and determination by the new homes ombudsman of complaints made under the scheme.
2 That provision must include provision—
a requiring the new homes ombudsman, in determining a complaint, to have regard to any code of practice issued or approved under section 142,
b for the new homes ombudsman to require members of the scheme to provide information, and
c for the new homes ombudsman to require members of the scheme to provide complainants whose complaints are determined to be well-founded with any one or more of the forms of redress in paragraph 9.
I5459 The forms of redress are—
a paying compensation;
b making an apology;
c providing an explanation;
d taking such other action in the interests of the complainant as the new homes ombudsman may specify.

I58510 Enforcement of determinations

1 The scheme must include provision about the enforcement of determinations made by the new homes ombudsman.
2 That provision may include provision for the expulsion of a member from the scheme (and the requirement in section 137(1)(a) is not to be read as preventing the new homes ombudsman scheme from including such provision).
3 If provision described in sub-paragraph (2) is included in the scheme, provision must also be made about the circumstances in which an expelled member can rejoin the scheme.

I16411 Making of recommendations

1 The scheme must include provision about the making of improvement recommendations by the new homes ombudsman where following the investigation of a complaint the ombudsman identifies widespread or regular unacceptable standards of conduct or standards of quality of work on the part of members of the scheme.
2 “Improvement recommendations” are recommendations about changes that members may make in order to improve standards of conduct or standards of quality of work.

I4112 Predecessor schemes

The scheme must include provision about the acceptance and handling of complaints transferred from a scheme previously available under section 136 but which is no longer available.

I29913 Complaints about the scheme

The scheme must include provision about how complaints about the operation of the scheme may be made by—
a members of the scheme, and
b persons who have asked for a complaint to be investigated under the scheme.

I49214 Co-operation

1 The scheme may include provision about co-operation with persons who exercise functions under other redress schemes and, in particular, provision about arrangements for a person exercising functions under the scheme to do so jointly with a person exercising functions under another redress scheme, including for the making of joint determinations by the new homes ombudsman and an independent person making determinations under another redress scheme.
2 In sub-paragraph (1), “redress scheme” has the same meaning as in section 137.

I50915 Provision of information

1 Where the scheme is maintained by a person other than the Secretary of State, the scheme must include provision about the provision of information to the Secretary of State, the Welsh Ministers, the Scottish Ministers and the relevant Northern Ireland department.
2 In this paragraph, “the relevant Northern Ireland department” means the Northern Ireland department designated for the purposes of this paragraph by the First Minister and deputy First Minister acting jointly.

I13016 Reports

The scheme must include provision about the making of reports on the operation of the scheme.

Schedule 10 

Amendments in connection with the new homes ombudsman scheme

Section 137(8)

I801 The Local Government Act 1974 is amended in accordance with paragraphs 2 to 4.
I5012
1 Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows.
2 In subsection (1)—
a after paragraph (bza) insert—
;
b in the words after paragraph (c), after “1993” insert “, the Housing Act 1996, the new homes ombudsman scheme”.
3 In subsection (2), after “housing ombudsman,” insert “the new homes ombudsman,”.
4 After subsection (3A) insert—
5 In subsection (4)—
a for “or (3A)” substitute “, (3A) or (3B)”;
b for “or under the Housing Act 1996” substitute “, the Housing Act 1996 or the new homes ombudsman scheme”.
I703
1 Section 33ZA (collaborative working between Local Commissioners and others) is amended as follows.
2 In subsection (1)—
a in paragraph (b) omit the final “or”;
b at the end of paragraph (c) insert
.
3 In subsection (1A) for “or (c)” substitute “, (c) or (d)”.
4 In subsection (3)—
a in paragraph (b) omit the final “or”;
b at the end of paragraph (c) insert
;
c in the words following paragraph (c) for “or (c)” substitute “, (c) or (d)”.
I1164 In section 33ZB (arrangements for provision of administrative and other services), in subsection (4)—
a in paragraph (c) omit the final “and”;
b at the end of paragraph (d) insert—
I3525
1 Paragraph 10A of Schedule 2 to the Housing Act 1996 (housing complaints: collaborative working with Local Commissioners) is amended as follows.
2 In sub-paragraph (1)—
a after “Local Commissioner” insert “or the new homes ombudsman”;
b for “the ombudsman” substitute “the housing ombudsman”;
c at the end insert “, the new homes ombudsman or both of them.”
3 In sub-paragraph (3)—
a after “Local Commissioner” insert “or the new homes ombudsman”;
b for “the ombudsman”, in both places it occurs, substitute “the housing ombudsman”;
c at the end insert “, the new homes ombudsman or both of them.”
4 In sub-paragraph (4)—
a after “Local Commissioner” insert “, the new homes ombudsman (or both)”;
b at the end insert “(or those persons)”.
I756
1 The Public Services Ombudsman (Wales) Act 2019 (anaw 3) is amended as follows.
2 In section 65(7) (consultation and co-operation with other ombudsmen)—
a in the Welsh language text, after paragraph (e) insert—
;
b in the English language text, after paragraph (e) insert—

Schedule 11 

Construction products regulations

Section 146

I5931 Introductory

1 The Secretary of State may by regulations make provision in relation to the marketing and supply of construction products in the United Kingdom.
2 Regulations under this paragraph are called “construction products regulations”.

I5842 General safety requirements

1 Construction products regulations may—
a prohibit the marketing or supply of construction products which are not safe products;
b impose other requirements for the purpose of securing that construction products which are not safe products are not marketed or supplied;
c impose requirements in relation to the marketing or supply of construction products which are safe products.
2 For the purposes of this paragraph a construction product is a “safe product” if, under normal or reasonably foreseeable conditions of use, and taking into account any matters specified for the purposes of this paragraph by construction products regulations—
a the product does not present any risk to the health or safety of persons, or
b if it does, the risk is as low as it can be compatibly with using the product.
3 In this paragraph
  • use” includes storage, transportation or packaging;
  • reasonably foreseeable conditions” include reasonably foreseeable circumstances in which the construction product might come under stress (for example, a fire).

I2683 Construction products with designated standards or technical assessments

Construction products regulations may make provision for and in relation to—
a designated standards for construction products (see paragraph 4);
b technical assessments for construction products (see paragraph 5).
I1574
1 Provision under paragraph 3(a) (designated standards) may include provision—
a for the designation by the Secretary of State of standards prepared in accordance with the regulations or the 2011 Regulation;
b for the designation by the Secretary of State of EU harmonised standards or international standards;
c for EU harmonised standards or international standards to be designated standards.
2 Provision under sub-paragraph (1)(a) may include provision as to—
a the persons by whom standards may be proposed;
b the procedure by which and persons by whom standards are to be prepared;
c the matters to be covered by a standard.
I7305
1 Provision under paragraph 3(b) (technical assessments) may include provision as to the procedure by which and persons by whom technical assessments are to be issued.
2 Provision under sub-paragraph (1) may include provision for assessment bodies to issue technical assessments on the basis of assessment documents developed or adopted by them, and in particular provision—
a for the designation of assessment bodies by the Secretary of State;
b as to the functions, operation and funding of assessment bodies;
c as to the contents of assessment documents and the procedure by which they are developed or adopted.
I5326Construction products regulations may—
a impose requirements on persons carrying out activities in relation to construction products for which there are designated standards or technical assessments under the regulations (see paragraph 7);
b confer powers on relevant authorities to impose requirements on such persons (see paragraph 8).
I7677
1 Provision under paragraph 6(a) (imposition of requirements) may include provision for the imposition of requirements relating to—
a declarations of performance in respect of products which are or are to be marketed;
b the making of other statements or claims in relation to the performance of products which are or are to be marketed;
c the marking or packaging of products;
d the provision of information, including information about risk, to persons to whom products are supplied;
e the monitoring, assessment and verification of product performance, including sample testing;
f the storage and transportation of products;
g the taking of corrective action, including withdrawal of products from the market and recall of products from persons to whom they have been supplied;
h recording and investigating complaints;
i the production and retention of documentation or samples;
j the notification of risks to relevant authorities;
k information which must or may be provided to relevant authorities;
l co-operation with relevant authorities;
m the appointment of authorised representatives by persons carrying out activities in relation to construction products.
2 Provision about declarations of performance under sub-paragraph (1)(a) may include provision as to—
a the technical documentation to be prepared in relation to a declaration of performance;
b the content of a declaration of performance;
c the form of a declaration of performance;
d how a declaration of performance is to be supplied or made available.
3 Provision about the marking of products under sub-paragraph (1)(c) may include provision as to—
a the form and content of any marking;
b circumstances in which products must or must not be marked.
4 Provision about the monitoring, assessment and verification of product performance under sub-paragraph (1)(e) may include provision as to—
a the carrying out of testing and other tasks by approved bodies;
b when and how a body may become or cease to be an approved body;
c the assessment and monitoring of approved bodies.
5 Requirements which may be imposed on persons carrying out activities in relation to construction products under paragraph 6(a) may also be imposed on the authorised representatives of such persons.
I7708
1 Provision under paragraph 6(b) (conferral of powers) may include provision conferring powers on a relevant authority to impose requirements on persons carrying out activities in relation to construction products in circumstances where—
a there has been no failure to comply with requirements imposed under paragraph 6(a), but
b in the view of the relevant authority the products nevertheless risk causing death or serious injury to any person.
2 The powers referred to in sub-paragraph (1) may include powers by notice to—
a require a person to warn others of the risks attaching to a product;
b require the marking of a product in respect of the risks attaching to it;
c suspend for a specified period or prohibit the marketing or supply of a product (or suspend or prohibit the marketing and supply of the product without the consent of a specified person);
d require the withdrawal of a product from the market;
e require the recall of a product from persons to whom it has been supplied.
3 Provision under sub-paragraph (2) may include provision for appeals against a notice.
I7599Construction products regulations may include any provision—
a which is made in the 2011 Regulation or the 2019 or 2020 Regulations immediately after IP completion day, or
b which relates to any matter in respect of which provision is made in that Regulation or those Regulations immediately after that time.

I37610 Safety-critical products

1 For the purposes of this Schedule, “safety-critical products” means construction products which are included in a list contained in construction products regulations.
2 A construction product may only be included in a list under sub-paragraph (1) if—
a in the view of the Secretary of State any failure of the product would risk causing death or serious injury to any person, and
b the product is not one for which there are—
i designated standards under paragraph 3(a), or
ii standards which are designated standards for the purposes of the 2011 Regulation.
3 Before including a construction product in the list, or amending the list, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
I3611
1 Construction products regulations may make provision for and in relation to standards for safety-critical products (“safety-critical standards”).
2 Provision under sub-paragraph (1) may include provision as to—
a the persons by whom safety-critical standards may be proposed;
b the procedure by which and persons by whom safety-critical standards are to be prepared;
c the matters to be covered by a safety-critical standard.
I72712Construction products regulations may—
a impose requirements on persons carrying out activities in relation to safety-critical products for which there are safety-critical standards under the regulations (see paragraph 13);
b confer powers on relevant authorities to impose requirements on such persons (see paragraph 14).
I30313Provision under paragraph 12(a) (imposition of requirements) may include any provision referred to in paragraph 7.
I72114
1 Provision under paragraph 12(b) (conferral of powers) may include provision conferring powers on a relevant authority to impose requirements on persons carrying out activities in relation to construction products in circumstances where—
a there has been no failure to comply with requirements imposed under paragraph 12(a), but
b in the view of the relevant authority the products nevertheless risk causing death or serious injury to any person.
2 The powers referred to in sub-paragraph (1) include powers by notice to—
a require a person to warn others of the risks attaching to a product;
b require the marking of a product in respect of the risks attaching to it;
c suspend for a specified period or prohibit the marketing or supply of a product (or suspend or prohibit the marketing and supply of the product without the consent of a specified person);
d require the withdrawal of a product from the market;
e require the recall of a product from persons to whom it has been supplied.
3 Provision under sub-paragraph (2) may include provision for appeals against a notice.

I115 Enforcement

1 Construction products regulations may make provision for and in relation to—
a monitoring compliance with construction product requirements and investigating suspected non-compliance;
b securing compliance with construction product requirements;
c sanctions for—
i non-compliance or suspected non-compliance with construction product requirements;
ii obstruction of, failure to assist or co-operate with, or provision of false or misleading information to, persons carrying out construction product functions.
2 Provision under sub-paragraph (1)(a) may include—
a provision for relevant authorities to carry out, or secure the carrying out of, market surveillance and test purchases;
b provision for relevant authorities to enter, inspect and search premises and to seize and retain products or evidence of non-compliance with construction product requirements (including provision for the payment of compensation);
c provision requiring the retention and provision of information (including provision for relevant authorities to require the provision of information to them).
3 Provision under sub-paragraph (1)(b) may include provision conferring powers on a relevant authority by notice to—
a require a person to warn others of the risks attaching to a product;
b require the marking of a product in respect of the risks attaching to it;
c suspend for a specified period or prohibit the marketing or supply of a product (or suspend or prohibit the marketing and supply of the product without the consent of a specified person);
d require the withdrawal of a product from the market;
e require the recall of a product from persons to whom it has been supplied;
f require a person to do or cease to do anything so as to end non-compliance or suspected non-compliance with construction product requirements.
4 Provision under sub-paragraph (1)(b) may also include—
a provision for—
i a relevant authority to accept undertakings relating to compliance with construction product requirements instead of taking other enforcement action;
ii sanctions for non-compliance or suspected non-compliance with such undertakings;
b provision for the forfeiture of products by court order (or, in Scotland, order of the sheriff).
5 Provision under sub-paragraph (1)(c) or (4)(a)(ii) may include—
a provision creating criminal offences;
b in relation to England and Wales and Northern Ireland, provision for the prosecution by relevant authorities of criminal offences created under paragraph (a);
c provision conferring powers on relevant authorities to impose civil sanctions (including fines).
6 Provision under sub-paragraph (1)(b) or (c) or (4)(a)(ii) may include provision for appeals against anything done by a relevant authority under that provision.
7 Provision under sub-paragraph (1) may include any provision—
a which is made by the 2013 Regulations, or
b which relates to any matter in respect of which provision is made by the 2013 Regulations.

I67716 Costs

1 Construction products regulations may make provision for a relevant authority to impose charges on a person carrying out activities in relation to construction products, or an authorised representative of such a person, in respect of the exercise of the relevant authority’s construction product functions in relation to such a person.
2 The regulations may include provision about—
a who is liable to pay a charge;
b the circumstances in which a charge is payable;
c the amount of a charge (including how an amount is to be calculated);
d reductions and exemptions;
e waivers;
f how and when a charge is to be paid;
g the collection and recovery of payments;
h interest payable on outstanding payments;
i the resolution of disputes (including appeals).
3 Provision under this paragraph may confer a discretion on the relevant authority.

I70717 Information

1 Construction products regulations may, in connection with the exercise by relevant authorities of their construction product functions, make provision for and in relation to—
a the provision of information by relevant authorities to—
i other relevant authorities, or
ii persons specified, or of a description specified, in construction products regulations;
b the provision of information to relevant authorities by—
i persons specified, or of a description specified, in construction products regulations, or
ii other persons identified by relevant authorities.
2 Provision under sub-paragraph (1) may include provision—
a as to the circumstances in which information may or must be provided (which may include circumstances in which the information could not otherwise have been lawfully provided or disclosed);
b as to how information may or must be provided;
c as to the uses to which information provided may be put;
d for the purpose of preventing the further disclosure of information (including provision for the creation of criminal offences);
e for the purpose of securing that there is (taking into account any power or duty to provide information under the regulations) no contravention of the data protection legislation.
I73618
1 Construction products regulations may make provision for and in relation to the publication by relevant authorities of information held by them in connection with their construction product functions.
2 Provision under sub-paragraph (1) may include provision as to—
a the circumstances in which information may or must be published (which may include circumstances in which the information could not otherwise have been lawfully published);
b how, where and in what form information may or must be published.
I11119
1 Construction products regulations may make provision prohibiting the disclosure of information held by relevant authorities in connection with their construction product functions.
2 Provision under sub-paragraph (1) may include provision for the creation of criminal offences.

I41720 General and supplementary

1 Construction products regulations may make—
a different provision for different purposes;
b different provision for or in relation to different parts of the United Kingdom;
c transitional, transitory, consequential and supplementary provision or savings.
2 The provision made by paragraphs 2 to 19 does not limit the power conferred by paragraph 1.
I34121
1 Construction products regulations may make provision by repealing, amending or re-enacting—
a assimilated law (and in particular the 2011 Regulation and the 2013 Regulations);
b the 2019 and 2020 Regulations;
c any other enactment other than an Act.
2 Construction products regulations may under paragraph 20(1)(c) make consequential provision amending section 148 (liability relating to construction products), which may in particular include the omission or amendment of subsection (2)(b) and (c) of that section.
I57522
1 Where construction products regulations contain provision creating a criminal offence, the provision must have the effect that—
a the offence is—
i triable summarily only, or
ii triable summarily or on indictment,
b the offence is punishable only—
i with a fine, or
ii with a term of imprisonment or a fine (or both),
c where the offence is triable summarily only, any fine with which the offence is punishable in Scotland or Northern Ireland does not exceed level 5 on the standard scale,
d where the offence is triable summarily or on indictment, any fine with which the offence is punishable on summary conviction in Scotland or Northern Ireland does not exceed the statutory maximum, and
e any term of imprisonment with which the offence is punishable on summary conviction does not exceed—
i in England and Wales, the relevant period,
ii in Scotland, 12 months, and
iii in Northern Ireland, 6 months.
2 In sub-paragraph (1)(e)(i), the “relevant period” means—
a in relation to an offence that is triable only summarily—
i where the offence is committed before the coming into force of section 281 of the Criminal Justice Act 2003, 6 months, and
ii where the offence is committed after that time, 51 weeks;
b in relation to an offence that is triable summarily or on indictment—
i where the offence is committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, 6 months, and
ii where the offence is committed after that time, 12 months.

I9623 Procedure

1 Construction products regulations are to be made by statutory instrument.
2 Construction products regulations which contain provision specified in sub-paragraph (3) (with or without other provision) may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament.
3 The provision referred to in sub-paragraph (2) is—
a the first provision to be made under paragraph 10(1) (list of safety-critical products);
b provision omitting a construction product from the list of safety-critical products under paragraph 10(1);
c provision creating a criminal offence;
F1d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e provision under paragraph 21(2) (consequential provision relating to liability for construction products).
4 A statutory instrument containing construction products regulations to which the requirements specified in sub-paragraph (2) do not apply is subject to annulment in pursuance of a resolution of either House of Parliament.

I28324 Interpretation

In this Schedule
  • the 2011 Regulation” means Regulation (EU) No. 305/2011 (regulation laying down harmonised conditions for the marketing of construction products);
  • the 2013 Regulations” means the Construction Products Regulations 2013 (S.I. 2013/1387);
  • the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465);
  • the 2020 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359);
  • authorised representative” means a person of a description specified in the regulations who is authorised to act on behalf of a person carrying out an activity in relation to construction products;
  • construction product” has the meaning specified in construction products regulations;
  • construction product functions”, in relation to a relevant authority, means—
    1. the authority’s functions under construction products regulations, the 2011 Regulation or the 2019 or 2020 Regulations (including functions relating to the provision or receipt of information), and
    2. any other functions of the authority relating to construction product requirements;
  • construction product requirements” means requirements imposed by or under construction products regulations, the 2011 Regulation or the 2019 or 2020 Regulations;
  • construction products regulations” has the meaning given in paragraph 1(2);
  • data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
  • EU harmonised standard” means a harmonised standard adopted at any time by a standardisation body of the European Union;
  • international standard” means a standard adopted by an international standardising body (which for these purposes has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 16 April 1994, as modified from time to time);
  • local authority” means—
    1. a county or district council in England,
    2. a London borough council,
    3. the Common Council of the City of London,
    4. the Council of the Isles of Scilly,
    5. a county or county borough council in Wales,
    6. a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and
    7. a district council in Northern Ireland;
  • references to the “marketing” of products are to making them available on the market in the United Kingdom;
  • persons carrying out activities in relation to construction products” include (without limitation)—
    1. a manufacturer of construction products,
    2. a person who markets or supplies construction products to others, and
    3. a person who imports construction products into the United Kingdom for use, marketing or supply;
  • relevant authority” means—
    1. the Secretary of State or other Minister of the Crown, and
    2. a local authority (including, in England, Wales and Scotland, a local authority in its capacity as a local weights and measures authority);
  • requirement” includes a prohibition or restriction;
  • safety-critical products” has the meaning given in paragraph 10;
  • technical assessment” means a documented assessment of the performance of a construction product.

Footnotes

  1. I1
    Sch. 11 para. 15 in force at Royal Assent, see s. 170(3)(d)
  2. I2
    S. 7 in force at Royal Assent, see s. 170(1)(c)
  3. I3
    Sch. 1 para. 1 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  4. I4
    S. 32 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(f) (with reg. 4)
  5. I5
    Sch. 5 para. 9 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 6
  6. I6
    S. 49 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(v)
  7. I7
    S. 153 in force at 28.6.2022, see s. 170(3)(e)
  8. I8
    Sch. 6 para. 27 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  9. I9
    S. 16 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(e)
  10. I10
    Sch. 6 para. 16 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  11. I11
    Sch. 5 para. 40(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xiii)
  12. I12
    Sch. 5 para. 41 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  13. I13
    S. 57 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xvi)
  14. I14
    Sch. 8 para. 12 in force at 28.6.2022, see s. 170(3)(a)
  15. I15
    S. 46 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
  16. I16
    Sch. 5 para. 49 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  17. I17
    S. 18 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  18. I18
    S. 157 in force at 28.6.2022, see s. 170(3)(f)
  19. I19
    Sch. 5 para. 19 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  20. I20
    S. 74 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z2)
  21. I21
    S. 34 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)
  22. I22
    Sch. 6 para. 3 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  23. I23
    S. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  24. I24
    S. 168 in force at Royal Assent, see s. 170(1)(h)
  25. I25
    Sch. 5 para. 14(3)(a)(4)(a)(5)-(8) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(vii) (with regs. 3, 4)
  26. I26
    S. 9(3) in force at 1.4.2023 in so far as not already in force by S.I. 2023/362, reg. 2(1)(d)
  27. I27
    Sch. 6 para. 18 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  28. I28
    Sch. 5 para. 46(1)(2) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 18
  29. I29
    Sch. 5 para. 62 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)
  30. I30
    S. 39 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)
  31. I31
    Sch. 5 para. 56 not in force at Royal Assent, see s. 170(4)(a)(iv)(c)
  32. I32
    S. 22 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  33. I33
    Sch. 5 para. 25 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  34. I34
    S. 112(1) in force at 6.4.2023 for specified purposes by S.I. 2023/362, reg. 3(1)(z10)(i)
  35. I35
    S. 17 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  36. I36
    Sch. 11 para. 11 in force at Royal Assent, see s. 170(3)(d)
  37. I37
    S. 164 not in force at Royal Assent, see s. 170(5)
  38. I38
    S. 35 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(ii)
  39. I39
    Sch. 5 para. 37 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)
  40. I40
    Sch. 5 para. 89 not in force at Royal Assent, see s. 170(4)(c)
  41. I41
    Sch. 9 para. 12 not in force at Royal Assent, see s. 170(5)
  42. I42
    S. 28 in force at Royal Assent, see s. 170(1)(d)
  43. I43
    S. 169 in force at Royal Assent, see s. 170(1)(h)
  44. F1
    Sch. 11 para. 23(3)(d) omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 11
  45. I44
    Sch. 5 para. 13(2)(5)(6) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 16
  46. I45
    S. 76 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  47. I46
    Sch. 5 para. 11(1)(2)(3) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 8
  48. I47
    S. 40 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(j)
  49. I48
    Sch. 5 para. 80 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  50. I49
    Sch. 5 para. 55(1)(4)(a)(6) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 22
  51. I50
    Sch. 5 para. 75 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 27
  52. I51
    S. 14 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  53. I52
    S. 112(3) in force at 6.4.2023 for specified purposes by S.I. 2023/362, reg. 3(1)(z10)(iii)
  54. I53
    Sch. 6 para. 8 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with regs. 6, 8)
  55. I54
    S. 3 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(b)
  56. I55
    Sch. 5 para. 57(3) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 32
  57. I56
    S. 47 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xi)
  58. I57
    Sch. 5 para. 84 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  59. I58
    S. 44 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(ix)
  60. I59
    Sch. 5 para. 62 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  61. I60
    S. 70 in force at Royal Assent, see s. 170(1)(f)
  62. I61
    Sch. 6 para. 22 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  63. I62
    S. 96 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  64. I63
    Sch. 5 para. 1 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  65. I64
    Sch. 5 para. 68 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  66. I65
    S. 112(4)(5) in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z10)(iv)
  67. I66
    Sch. 7 para. 10 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  68. I67
    Sch. 5 para. 46(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 25
  69. I68
    Sch. 5 para. 88 not in force at Royal Assent, see s. 170(4)(c)
  70. I69
    Sch. 5 para. 67 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 24 (with reg. 8)
  71. I70
    Sch. 10 para. 3 not in force at Royal Assent, see s. 170(5)
  72. I71
    S. 48 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
  73. I72
    Sch. 5 para. 81(3) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxii)
  74. I73
    Sch. 6 para. 21 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  75. I74
    S. 75 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z3)
  76. I75
    Sch. 10 para. 6 not in force at Royal Assent, see s. 170(5)
  77. I76
    Sch. 5 para. 74(1)(2) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 26
  78. I77
    Sch. 5 para. 21 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  79. I78
    Sch. 5 para. 57(1)(3) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 23
  80. I79
    Sch. 4 para. 8 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  81. I80
    Sch. 10 para. 1 not in force at Royal Assent, see s. 170(5)
  82. I81
    S. 129 in force at 1.9.2022 by S.I. 2022/927, reg. 2
  83. I82
    Sch. 5 para. 72 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxvii) (with reg. 4)
  84. I83
    S. 106 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(x)
  85. I84
    S. 77 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(q)
  86. I85
    Sch. 5 para. 28 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  87. I86
    Sch. 6 para. 28 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  88. I87
    Sch. 5 para. 66 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)
  89. I88
    S. 50 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
  90. I89
    Sch. 5 para. 40(3) in force at 6.4.2023 except in relation to W. by S.I. 2023/362, reg. 3(1)(w)(ii)
  91. I90
    Sch. 5 para. 77 in force at 1.4.2023 except in relation to W. by S.I. 2023/362, reg. 2(2)(b) (with reg. 5(1))
  92. I91
    Sch. 5 para. 85 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  93. I92
    S. 14 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(c)
  94. I93
    S. 167 in force at Royal Assent, see s. 170(1)(h)
  95. I94
    Sch. 5 para. 40(1) in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(w)(i)
  96. I95
    Sch. 5 para. 54 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  97. I96
    Sch. 11 para. 23 in force at Royal Assent, see s. 170(3)(d)
  98. I97
    Sch. 5 para. 90 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxvi) (with reg. 3)
  99. I98
    S. 1 in force at Royal Assent, see s. 170(1)(a)
  100. I99
    Sch. 6 para. 6 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  101. I100
    Sch. 6 para. 10 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  102. I101
    Sch. 6 para. 1 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  103. I102
    S. 133 in force at 1.4.2023 for specified purposes by S.I. 2023/362, reg. 2(1)(g)
  104. I103
    Sch. 5 para. 78 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 42
  105. I104
    S. 80 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  106. I105
    S. 77 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  107. I106
    Sch. 5 para. 85 in force at 1.4.2023 by S.I. 2023/362, reg. 2(2)(c)
  108. I107
    Sch. 5 para. 43 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  109. I108
    S. 84 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  110. I109
    S. 94 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  111. I110
    S. 78(1)(3)(4)(5) in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z4)
  112. I111
    Sch. 11 para. 19 in force at Royal Assent, see s. 170(3)(d)
  113. I112
    S. 132 not in force at Royal Assent, see s. 170(5)
  114. I113
    S. 89 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z5)
  115. I114
    Sch. 5 para. 13(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 15
  116. I115
    S. 145 not in force at Royal Assent, see s. 170(5)
  117. I116
    Sch. 10 para. 4 not in force at Royal Assent, see s. 170(5)
  118. I117
    Sch. 5 para. 82 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 31
  119. I118
    Sch. 5 para. 20 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  120. I119
    S. 19 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  121. I120
    S. 38 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(q)
  122. I121
    S. 32 not in force at Royal Assent, see s. 170(4)(a)(ii)(b)(i)(c)
  123. I122
    Sch. 1 para. 3 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)
  124. I123
    S. 8 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  125. I124
    Sch. 5 para. 55 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  126. I125
    Sch. 5 para. 42(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xv)
  127. I126
    S. 5 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  128. I127
    S. 103 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  129. I128
    Sch. 5 para. 2 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 1
  130. I129
    S. 90 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  131. I130
    Sch. 9 para. 16 not in force at Royal Assent, see s. 170(5)
  132. I131
    S. 42 in force at 1.10.2023 for specified purposes except in relation to W by S.I. 2023/993, reg. 2(k)
  133. I132
    Sch. 6 para. 15 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  134. I133
    Sch. 1 para. 6 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  135. I134
    Sch. 5 para. 46(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 24
  136. I135
    Sch. 6 para. 18 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  137. I136
    Sch. 5 para. 36 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi)
  138. I137
    Sch. 7 para. 5 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  139. I138
    S. 8 in force at 1.4.2023 in so far as not already in force by S.I. 2023/362, reg. 2(1)(c)
  140. I139
    S. 37 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)
  141. I140
    S. 51 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
  142. I141
    Sch. 4 para. 11 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  143. I142
    Sch. 5 para. 74(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xxviii)
  144. I143
    Sch. 5 para. 50 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  145. I144
    S. 75 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  146. I145
    S. 73 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  147. I146
    S. 21 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(d)
  148. I147
    Sch. 5 para. 74(3) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxviii)
  149. I148
    Sch. 5 para. 57(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xxiv) (with reg. 4)
  150. I149
    Sch. 5 para. 4(3) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(i)
  151. I150
    Sch. 5 para. 65 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  152. I151
    Sch. 5 para. 28 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi)
  153. I152
    S. 11 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  154. I153
    Sch. 6 para. 4 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  155. I154
    Sch. 6 para. 14 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  156. I155
    Sch. 5 para. 6 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  157. I156
    S. 114 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z11)
  158. I157
    Sch. 11 para. 4 in force at Royal Assent, see s. 170(3)(d)
  159. I158
    S. 117 in force at 28.6.2022, see s. 170(3)(a)
  160. I159
    Sch. 9 para. 6 not in force at Royal Assent, see s. 170(5)
  161. I160
    Sch. 5 para. 9 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  162. I161
    Sch. 5 para. 78 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  163. I162
    S. 86 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  164. I163
    S. 120 in force at 28.6.2022, see s. 170(3)(a)
  165. I164
    Sch. 9 para. 11 not in force at Royal Assent, see s. 170(5)
  166. I165
    Sch. 5 para. 13(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(vi)
  167. I166
    Sch. 5 para. 78 in force at 9.12.2022 for W. by S.I. 2022/1287, reg. 2(c)(iii)
  168. I167
    Sch. 5 para. 42(3) in force at 6.4.2023 except in relation to W. by S.I. 2023/362, reg. 3(1)(w)(iv)
  169. I168
    Sch. 5 para. 7 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  170. I169
    Sch. 5 para. 3 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 2
  171. I170
    Sch. 4 para. 14 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  172. I171
    S. 12 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  173. I172
    Sch. 8 para. 9 in force at 28.6.2022, see s. 170(3)(a)
  174. I173
    S. 139 not in force at Royal Assent, see s. 170(5)
  175. I174
    Sch. 5 para. 73 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  176. I175
    Sch. 5 para. 76(1)(3) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 28
  177. I176
    S. 73 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z1)
  178. I177
    S. 11 in force at 1.12.2022 in so far as not already in force by S.I. 2022/1210, reg. 2(c)
  179. I178
    Sch. 5 para. 34 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  180. I179
    S. 24 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(i)
  181. I180
    S. 48 in force at 28.7.2022 for E. by S.I. 2022/561, regs. 1(2), 4
  182. I181
    Sch. 5 para. 21 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(ix) (with regs. 3, 4)
  183. I182
    Sch. 5 para. 6 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 8
  184. I183
    S. 56 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(o)
  185. I184
    Sch. 5 para. 59 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv)
  186. I185
    S. 143 not in force at Royal Assent, see s. 170(5)
  187. I186
    S. 39 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(vi)
  188. I187
    S. 128 in force at 1.9.2022 by S.I. 2022/927, reg. 2
  189. I188
    Sch. 2 para. 6 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  190. I189
    Sch. 5 para. 11(4) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(iv) (with reg. 4)
  191. I190
    S. 6 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  192. I191
    Sch. 5 para. 35 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  193. I192
    S. 87 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  194. I193
    S. 138 not in force at Royal Assent, see s. 170(5)
  195. I194
    S. 98 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  196. I195
    S. 91 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  197. I196
    Sch. 5 para. 32 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  198. I197
    S. 25 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(j)
  199. I198
    Sch. 5 para. 4(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(i)
  200. I199
    Sch. 7 para. 9 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  201. I200
    Sch. 5 para. 83(3) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 47 (with reg. 7(1))
  202. I201
    Sch. 5 para. 83(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 46
  203. I202
    Sch. 6 para. 24 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  204. I203
    S. 39 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(r)
  205. I204
    Sch. 5 para. 12(3)-(5) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(v)
  206. I205
    Sch. 5 para. 12(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(v)
  207. I206
    Sch. 5 para. 16 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  208. I207
    Sch. 5 para. 46 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  209. I208
    Sch. 5 para. 31 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  210. I209
    Sch. 5 para. 74(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 36
  211. I210
    Sch. 5 para. 12 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  212. I211
    S. 132 in force at 28.5.2022 for specified purposes by S.I. 2022/561, regs. 1(2), 2
  213. I212
    S. 2(2) in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)
  214. I213
    Sch. 5 para. 47 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxi)
  215. I214
    Sch. 5 para. 4 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  216. I215
    Sch. 2 para. 3 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(g)
  217. I216
    S. 26 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(e)
  218. I217
    Sch. 6 para. 29 not in force at Royal Assent, see s. 170(4)(c)
  219. I218
    S. 44 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
  220. I219
    S. 99 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  221. I220
    Sch. 5 para. 46(3) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xx)
  222. I221
    Sch. 3 para. 1 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  223. C1
    S. 117 applied (4.7.2023) by The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (S.I. 2023/753), regs. 1(1), 3(4)(a)
  224. I222
    Sch. 1 para. 8 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)
  225. I223
    Sch. 5 para. 8 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(iii)
  226. I224
    Sch. 2 para. 8 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  227. I225
    S. 19 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(c)
  228. I226
    Sch. 5 para. 5(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 6
  229. I227
    Sch. 8 para. 15 in force at 28.6.2022, see s. 170(3)(a)
  230. I228
    Sch. 1 para. 6 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)
  231. I229
    S. 107 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z6)
  232. I230
    S. 36 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(o)
  233. I231
    S. 55 in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f)
  234. I232
    Sch. 5 para. 84(2) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxiv)
  235. I233
    Sch. 5 para. 90 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  236. I234
    Sch. 5 para. 22(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 22
  237. I235
    Sch. 6 para. 29 in force at 1.10.2023 by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  238. I236
    S. 16 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  239. I237
    Sch. 6 para. 5 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  240. I238
    S. 112(6) in force at 6.4.2023 for specified purposes by S.I. 2023/362, reg. 3(1)(z10)(v)
  241. I239
    Sch. 7 para. 4 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  242. I240
    Sch. 6 para. 13 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  243. I241
    Sch. 6 para. 28 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  244. I242
    Sch. 3 para. 6 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  245. I243
    S. 126 not in force at Royal Assent, see s. 170(5)
  246. I244
    Sch. 5 para. 53 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 21
  247. I245
    S. 152 in force at 28.6.2022, see s. 170(3)(e)
  248. I246
    Sch. 5 para. 30 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  249. I247
    S. 26 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  250. I248
    Sch. 5 para. 42 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  251. I249
    Sch. 3 para. 5 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  252. I250
    S. 155 in force at 28.6.2022, see s. 170(3)(e)
  253. I251
    Sch. 5 para. 74 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  254. I252
    S. 30 in force at Royal Assent, see s. 170(1)(e)
  255. I253
    Sch. 5 para. 42(2) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xv)
  256. I254
    S. 161 in force at 1.10.2023 by S.I. 2023/993, reg. 2(y)
  257. I255
    S. 55 in force at 9.12.2022 for specified purposes for W. by S.I. 2022/1287, reg. 2(b)
  258. I256
    Sch. 5 para. 40(1)(3) in force at 5.9.2023 for W. in so far as not already in force by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 16
  259. I257
    S. 69 in force at Royal Assent, see s. 170(1)(f)
  260. I258
    Sch. 5 para. 11(2)(3) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 12
  261. I259
    S. 162 in force at Royal Assent, see s. 170(1)(h)
  262. I260
    Sch. 5 para. 63 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  263. I261
    S. 55 not in force at Royal Assent, see s. 170(4)(a)(iv)(v)(b)(viii)(c)
  264. I262
    S. 76 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(p)
  265. I263
    Sch. 3 para. 5 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(k)
  266. I264
    Sch. 5 para. 23 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 4)
  267. I265
    Sch. 5 para. 48 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxi)
  268. I266
    S. 22 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(g)
  269. I267
    S. 33 in force at 5.9.2023 for W. in so far as not already in force by S.I. 2023/914, reg. 2(b)(i)
  270. I268
    Sch. 11 para. 3 in force at Royal Assent, see s. 170(3)(d)
  271. I269
    S. 57 not in force at Royal Assent, see s. 170(4)(b)(x)(c)
  272. I270
    Sch. 5 para. 72 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  273. I271
    S. 150 in force at 28.6.2022, see s. 170(3)(e)
  274. I272
    Sch. 6 para. 22 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  275. I273
    Sch. 6 para. 10 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  276. I274
    S. 55 in force at 1.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 2(1)(f)
  277. I275
    S. 160 not in force at Royal Assent, see s. 170(5)
  278. I276
    S. 62 in force at Royal Assent, see s. 170(1)(f)
  279. I277
    Sch. 5 para. 45 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  280. I278
    Sch. 8 para. 3 in force at 28.6.2022, see s. 170(3)(a)
  281. I279
    Sch. 5 para. 13 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  282. I280
    Sch. 9 para. 1 not in force at Royal Assent, see s. 170(5)
  283. I281
    S. 38 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(h)
  284. I282
    S. 144 not in force at Royal Assent, see s. 170(5)
  285. I283
    Sch. 11 para. 24 in force at Royal Assent, see s. 170(3)(d)
  286. I284
    Sch. 5 para. 82 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 45
  287. I285
    S. 9(1)(2) in force at 1.12.2022 in so far as not already in force by S.I. 2022/1210, reg. 2(b)
  288. I286
    Sch. 6 para. 9 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  289. I287
    Sch. 2 para. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  290. I288
    Sch. 3 para. 3 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(k)
  291. I289
    Sch. 5 para. 83(1) in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(w)(vi)
  292. I290
    Sch. 7 para. 17 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  293. I291
    S. 35 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)
  294. I292
    Sch. 5 para. 58 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)
  295. I293
    S. 156(1)-(3)(5)-(7)(9)-(11) in force at 1.10.2023 for W. by S.I. 2023/914, reg. 3 (with reg. 6)
  296. I294
    Sch. 1 para. 5 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  297. I295
    Sch. 5 para. 83(8) in force at 6.4.2023 except in relation to W. by S.I. 2023/362, reg. 3(1)(w)(vii)
  298. I296
    Sch. 7 para. 7 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  299. I297
    Sch. 1 para. 8 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  300. I298
    S. 156(8) in force at 1.10.2023 for specified purposes for W. by S.I. 2023/914, reg. 3
  301. I299
    Sch. 9 para. 13 not in force at Royal Assent, see s. 170(5)
  302. I300
    S. 58 not in force at Royal Assent, see s. 170(4)(c)
  303. I301
    S. 165 in force at Royal Assent, see s. 170(1)(h)
  304. I302
    Sch. 5 para. 16 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 13
  305. I303
    Sch. 11 para. 13 in force at Royal Assent, see s. 170(3)(d)
  306. I304
    S. 27 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  307. I305
    Sch. 4 para. 10 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  308. I306
    Sch. 2 para. 7 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  309. I307
    Sch. 5 para. 44(1) in force at 1.10.2023 for specified purposes except in relation to W by S.I. 2023/993, reg. 2(n)(xvii)
  310. I308
    Sch. 6 para. 1 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  311. I309
    Sch. 5 para. 32 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 4, 7)
  312. I310
    Sch. 5 para. 74(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 35
  313. I311
    Sch. 5 para. 22(8) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 23
  314. I312
    Sch. 5 para. 64 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  315. I313
    Sch. 5 para. 67 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 33 (with reg. 7(2))
  316. I314
    Sch. 5 para. 35 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)
  317. I315
    S. 149 in force at 28.6.2022, see s. 170(3)(e)
  318. I316
    S. 41 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(vii)
  319. I317
    Sch. 5 para. 71 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 34
  320. C2
    S. 124 applied (with modifications) (20.7.2022) by The Building Safety (Leaseholder Protections) (England) Regulations 2022 (S.I. 2022/711), regs. 1(1), 4
  321. I318
    S. 144 in force at 6.4.2023 for specified purposes by S.I. 2023/362, reg. 3(1)(z12)
  322. I319
    Sch. 5 para. 60 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv)
  323. I320
    S. 74 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  324. I321
    Sch. 5 para. 17 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 14 (with reg. 5)
  325. I322
    S. 32 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(m)
  326. I323
    S. 52 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(xii)
  327. I324
    Sch. 5 para. 81(1) in force at 9.12.2022 for W. by S.I. 2022/1287, reg. 2(c)(iv)
  328. I325
    Sch. 3 para. 6 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(k)
  329. I326
    Sch. 3 para. 2 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  330. I327
    Sch. 5 para. 81(1)(2) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxii)
  331. I328
    S. 46 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(u)
  332. I329
    Sch. 8 para. 8 in force at 28.6.2022, see s. 170(3)(a)
  333. I330
    Sch. 5 para. 81(2) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 44
  334. I331
    S. 114 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  335. I332
    Sch. 5 para. 87 not in force at Royal Assent, see s. 170(4)(c)
  336. I333
    S. 78(2) in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(r)
  337. I334
    Sch. 5 para. 53 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  338. I335
    Sch. 5 para. 51 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 27
  339. I336
    Sch. 4 para. 3 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  340. I337
    Sch. 5 para. 52 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  341. I338
    S. 33 in force at 6.4.2023 in force for E. and for W. except for specified purposes by S.I. 2023/362, reg. 3(1)(n)
  342. I339
    S. 6 in force at 1.4.2023 in so far as not already in force by S.I. 2023/362, reg. 2(1)(b)
  343. I340
    S. 163 in force at Royal Assent, see s. 170(1)(h)
  344. I341
    Sch. 11 para. 21 in force at Royal Assent, see s. 170(3)(d)
  345. I342
    Sch. 8 para. 1 in force at 28.6.2022, see s. 170(3)(a)
  346. I343
    Sch. 5 para. 39 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  347. I344
    Sch. 5 para. 33 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)
  348. I345
    Sch. 5 para. 37 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  349. I346
    Sch. 2 para. 2 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(g)
  350. I347
    Sch. 1 para. 1 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)
  351. I348
    Sch. 5 para. 57(2) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxiv) (with reg. 4)
  352. I349
    Sch. 5 para. 53 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 28
  353. I350
    Sch. 5 para. 70 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxvi) (with reg. 4)
  354. I351
    Sch. 5 para. 2 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 2
  355. I352
    Sch. 10 para. 5 not in force at Royal Assent, see s. 170(5)
  356. I353
    Sch. 5 para. 44 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  357. I354
    Sch. 4 para. 6 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  358. I355
    Sch. 6 para. 14 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  359. I356
    S. 4(1)(2)(3)(4) in force at 1.12.2022 in so far as not already in force by S.I. 2022/1210, reg. 2(a) (with reg. 3)
  360. I357
    Sch. 8 para. 10 in force at 28.6.2022, see s. 170(3)(a)
  361. I358
    S. 156(1)-(3)(5)-(11) in force except in relation to W. at 1.10.2023 by S.I. 2023/362, reg. 4 (with reg. 5(2))
  362. I359
    Sch. 8 para. 18 in force at 28.6.2022, see s. 170(3)(a)
  363. I360
    S. 42 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(s)
  364. I361
    Sch. 5 para. 5 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  365. I362
    Sch. 5 para. 81(2) in force at 9.12.2022 for specified purposes for W. by S.I. 2022/1287, reg. 2(c)(iv)
  366. I363
    S. 89 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  367. I364
    Sch. 5 para. 61 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)
  368. I365
    Sch. 5 para. 1 in force at 9.12.2022 for W. by S.I. 2022/1287, reg. 2(c)(i)
  369. I366
    S. 38 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(v)
  370. I367
    Sch. 5 para. 76(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xxix)
  371. I368
    S. 115 in force at Royal Assent, see s. 170(1)(g)
  372. I369
    Sch. 6 para. 23 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  373. I370
    Sch. 5 para. 15(1)-(5)(9) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
  374. I371
    Sch. 7 para. 15 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  375. I372
    Sch. 6 para. 25 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  376. I373
    S. 4 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  377. I374
    S. 68 in force at Royal Assent, see s. 170(1)(f)
  378. I375
    Sch. 5 para. 40(2) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xiii)
  379. I376
    Sch. 11 para. 10 in force at Royal Assent, see s. 170(3)(d)
  380. I377
    Sch. 5 para. 57 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  381. I378
    S. 42 not in force at Royal Assent, see s. 170(4)(a)(iii)(b)(iv)
  382. I379
    Sch. 5 para. 44(2) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xviii)
  383. I380
    S. 112 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  384. I381
    Sch. 5 para. 14 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  385. I382
    Sch. 6 para. 7 not in force at Royal Assent, see s. 170(4)(c)
  386. I383
    S. 54 not in force at Royal Assent, see s. 170(4)(c)
  387. I384
    Sch. 5 para. 55(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xxiii)
  388. I385
    Sch. 2 para. 7 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(g)
  389. I386
    Sch. 6 para. 3 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  390. I387
    Sch. 7 para. 8 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  391. I388
    Sch. 6 para. 7 in force at 1.10.2023 by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  392. I389
    Sch. 5 para. 65 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)
  393. I390
    S. 85 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  394. I391
    Sch. 6 para. 17 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  395. I392
    Sch. 5 para. 46(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xx)
  396. I393
    S. 100 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(t)
  397. I394
    S. 109 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z8)
  398. I395
    Sch. 5 para. 76(2) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxix)
  399. I396
    S. 106 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  400. I397
    Sch. 6 para. 26 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  401. I398
    S. 29 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  402. I399
    Sch. 6 para. 6 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  403. I400
    Sch. 6 para. 23 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  404. I401
    Sch. 5 para. 51 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 20
  405. I402
    Sch. 5 para. 88 in force at 1.4.2023 except in relation to W. by S.I. 2023/362, reg. 2(2)(e)
  406. I403
    Sch. 9 para. 5 not in force at Royal Assent, see s. 170(5)
  407. I404
    S. 56 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiv)
  408. I405
    S. 171 in force at Royal Assent, see s. 170(1)(h)
  409. I406
    Sch. 9 para. 2 not in force at Royal Assent, see s. 170(5)
  410. I407
    Sch. 5 para. 31 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with reg. 7)
  411. I408
    Sch. 5 para. 3 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  412. I409
    Sch. 3 para. 2 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(k)
  413. I410
    S. 50 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(v)
  414. I411
    Sch. 6 para. 19 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  415. I412
    S. 99 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(s)
  416. I413
    S. 43 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  417. I414
    S. 101 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  418. I415
    Sch. 5 para. 86 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxv)
  419. I416
    S. 97 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  420. I417
    Sch. 11 para. 20 in force at Royal Assent, see s. 170(3)(d)
  421. I418
    Sch. 6 para. 30 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  422. I419
    Sch. 4 para. 5 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  423. I420
    Sch. 5 para. 15(6)-(8)(10) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(viii) (with regs. 3, 4)
  424. I421
    Sch. 5 para. 15(2)-(5)(9) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 20
  425. I422
    Sch. 8 para. 16 in force at 28.6.2022, see s. 170(3)(a)
  426. I423
    S. 15 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  427. I424
    S. 31 in force at 28.6.2022 for specified purposes by S.I. 2022/561, regs. 1(2), 3(d)
  428. I425
    Sch. 5 para. 63 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)
  429. I426
    S. 147 in force at 28.6.2022, see s. 170(3)(e)
  430. I427
    Sch. 4 para. 4 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  431. I428
    S. 137 not in force at Royal Assent, see s. 170(5)
  432. I429
    S. 136 not in force at Royal Assent, see s. 170(5)
  433. I430
    Sch. 5 para. 87 in force at 1.4.2023 except in relation to W. by S.I. 2023/362, reg. 2(2)(d)
  434. I431
    Sch. 2 para. 6 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(g)
  435. I432
    Sch. 5 para. 77 not in force at Royal Assent, see s. 170(4)(a)(v)(b)(viii)(c)
  436. I433
    Sch. 5 para. 80 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 29
  437. I434
    Sch. 7 para. 2 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  438. I435
    Sch. 5 para. 14(2)(3)(b)(4)(b) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 18
  439. I436
    S. 17 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(c) (with reg. 6)
  440. I437
    Sch. 5 para. 15 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  441. I438
    Sch. 5 para. 57(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 31
  442. I439
    Sch. 5 para. 24 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)
  443. I440
    S. 145 in force at 6.4.2023 for specified purposes by S.I. 2023/362, reg. 3(1)(z12)
  444. I441
    S. 159 in force at 28.6.2022, see s. 170(3)(f)
  445. I442
    Sch. 5 para. 79 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  446. I443
    S. 53 not in force at Royal Assent, see s. 170(4)(b)(vii)(c)
  447. I444
    Sch. 5 para. 80 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(w)(v)
  448. I445
    Sch. 1 para. 7 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)
  449. I446
    Sch. 2 para. 2 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  450. I447
    S. 132 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(i)
  451. I448
    S. 100 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  452. I449
    S. 64 in force at Royal Assent, see s. 170(1)(f)
  453. I450
    Sch. 5 para. 14(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(vii)
  454. I451
    Sch. 5 para. 50 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 26
  455. I452
    S. 146 in force at 28.6.2022, see s. 170(3)(d)
  456. I453
    Sch. 5 para. 67 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  457. I454
    Sch. 2 para. 5 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(g)
  458. I455
    S. 24 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  459. I456
    Sch. 5 para. 68 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxvi) (with reg. 4)
  460. I457
    Sch. 5 para. 22(2)-(7) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(x) (with regs. 3, 4)
  461. I458
    S. 92 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  462. I459
    S. 13 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(b)
  463. I460
    S. 104 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(v)
  464. I461
    S. 127 in force at 1.9.2022 by S.I. 2022/927, reg. 2
  465. I462
    Sch. 5 para. 10 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 7
  466. I463
    S. 41 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(e)
  467. I464
    Sch. 5 para. 43 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xvi)
  468. I465
    Sch. 5 para. 71 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 25
  469. I466
    S. 34 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(ii)
  470. I467
    S. 12 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(a)
  471. I468
    S. 122 in force at 28.6.2022, see s. 170(3)(a)
  472. I469
    Sch. 5 para. 75 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 37
  473. I470
    Sch. 5 para. 29 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  474. I471
    S. 116 in force at 28.6.2022, see s. 170(3)(a)
  475. I472
    Sch. 5 para. 60 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  476. I473
    S. 42 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(viii) (with reg. 7)
  477. I474
    Sch. 5 para. 69 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxvi) (with reg. 4)
  478. I475
    Sch. 6 para. 17 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  479. I476
    Sch. 5 para. 7 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(iii)
  480. I477
    S. 79 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  481. I478
    Sch. 6 para. 2 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  482. I479
    Sch. 6 para. 12 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  483. I480
    S. 113 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  484. I481
    S. 18 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(c) (with reg. 6)
  485. I482
    S. 108 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  486. I483
    S. 5 in force at 1.4.2023 in so far as not already in force by S.I. 2023/362, reg. 2(1)(a)
  487. I484
    Sch. 5 para. 14(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 17
  488. I485
    S. 166 in force at Royal Assent, see s. 170(1)(h)
  489. I486
    Sch. 8 para. 17 in force at 28.6.2022, see s. 170(3)(a)
  490. I487
    Sch. 5 para. 45 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xix)
  491. I488
    S. 142 not in force at Royal Assent, see s. 170(5)
  492. I489
    S. 66 in force at Royal Assent, see s. 170(1)(f)
  493. I490
    S. 108 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z7)
  494. I491
    Sch. 4 para. 13 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  495. I492
    Sch. 9 para. 14 not in force at Royal Assent, see s. 170(5)
  496. I493
    Sch. 3 para. 4 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  497. I494
    Sch. 5 para. 83(4)-(6) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxiii)
  498. I495
    S. 131 in force at 28.6.2022 by S.I. 2022/561, regs. 1(2), 3(h)
  499. I496
    S. 25 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  500. I497
    Sch. 6 para. 2 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  501. I498
    Sch. 6 para. 5 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  502. I499
    S. 140 not in force at Royal Assent, see s. 170(5)
  503. I500
    Sch. 6 para. 30 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(xv)
  504. I501
    Sch. 10 para. 2 not in force at Royal Assent, see s. 170(5)
  505. I502
    Sch. 5 para. 12(1)(2) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 9
  506. I503
    S. 83 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  507. I504
    Sch. 7 para. 14 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  508. I505
    Sch. 5 para. 64 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)
  509. I506
    S. 130 in force at 28.6.2022 by S.I. 2022/561, regs. 1(2), 3(h)
  510. I507
    S. 82 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  511. I508
    Sch. 5 para. 36 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  512. I509
    Sch. 9 para. 15 not in force at Royal Assent, see s. 170(5)
  513. I510
    Sch. 8 para. 14 in force at 28.6.2022, see s. 170(3)(a)
  514. I511
    S. 61 in force at Royal Assent, see s. 170(1)(f)
  515. I512
    Sch. 6 para. 20 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  516. I513
    S. 55 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(w)
  517. I514
    S. 56 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  518. I515
    Sch. 5 para. 71 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  519. I516
    Sch. 5 para. 76 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  520. I517
    S. 51 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(v)
  521. I518
    S. 31 in force at 9.12.2022 for specified purposes by S.I. 2022/1287, reg. 2(a)
  522. I519
    S. 127 not in force at Royal Assent, see s. 170(5)
  523. I520
    S. 119 in force at 28.6.2022, see s. 170(3)(a)
  524. I521
    S. 107 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  525. I522
    Sch. 5 para. 42(1)(3) in force at 5.9.2023 for W. in so far as not already in force by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 17
  526. I523
    S. 47 in force at 1.4.2023 except in relation to W. by S.I. 2023/362, reg. 2(1)(e)
  527. I524
    Sch. 5 para. 41 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xiv)
  528. I525
    Sch. 5 para. 84(3) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 49
  529. I526
    Sch. 6 para. 12 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  530. I527
    Sch. 3 para. 1 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(k)
  531. I528
    S. 65 in force at Royal Assent, see s. 170(1)(f)
  532. I529
    Sch. 1 para. 2 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)
  533. I530
    Sch. 6 para. 21 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  534. I531
    Sch. 5 para. 17 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  535. I532
    Sch. 11 para. 6 in force at Royal Assent, see s. 170(3)(d)
  536. I533
    S. 31 not in force at Royal Assent, see s. 170(4)(a)(i)(c)
  537. I534
    S. 154 in force at 28.6.2022, see s. 170(3)(e)
  538. I535
    S. 29 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(l)
  539. I536
    S. 121 in force at 28.6.2022, see s. 170(3)(a)
  540. I537
    Sch. 5 para. 55(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 29
  541. I538
    Sch. 6 para. 25 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  542. I539
    Sch. 5 para. 26 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 4)
  543. I540
    S. 160 in force at 1.10.2022 by S.I. 2022/561, regs. 1(2), 5
  544. I541
    Sch. 5 para. 9 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 9
  545. I542
    S. 52 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(v)
  546. I543
    Sch. 6 para. 26 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  547. I544
    Sch. 5 para. 15(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(viii)
  548. I545
    Sch. 9 para. 9 not in force at Royal Assent, see s. 170(5)
  549. I546
    Sch. 5 para. 25 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)
  550. I547
    Sch. 5 para. 47 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  551. I548
    Sch. 6 para. 27 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  552. I549
    Sch. 5 para. 22(1)(8) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 15
  553. I550
    S. 81 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  554. I551
    S. 102 in force at Royal Assent for specified purposes, see s. 170
  555. I552
    Sch. 5 para. 27 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 4)
  556. I553
    S. 105 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(w)
  557. I554
    S. 141 not in force at Royal Assent, see s. 170(5)
  558. I555
    Sch. 9 para. 7 not in force at Royal Assent, see s. 170(5)
  559. I556
    Sch. 5 para. 82 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  560. I557
    Sch. 5 para. 83(2)(7)(9) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 47 (with reg. 7(1))
  561. I558
    Sch. 5 para. 70 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  562. I559
    Sch. 1 para. 4 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)
  563. I560
    Sch. 7 para. 16 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  564. I561
    Sch. 3 para. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  565. I562
    S. 52 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
  566. I563
    S. 23 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  567. I564
    Sch. 7 para. 6 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  568. I565
    Sch. 5 para. 73 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxvii)
  569. I566
    S. 59 not in force at Royal Assent, see s. 170(4)(c)
  570. I567
    Sch. 7 para. 1 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  571. I568
    S. 67 in force at Royal Assent, see s. 170(1)(f)
  572. I569
    S. 10 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  573. I570
    Sch. 2 para. 1 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  574. I571
    Sch. 5 para. 4(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 4
  575. I572
    Sch. 8 para. 13 in force at 28.6.2022, see s. 170(3)(a)
  576. I573
    S. 47 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
  577. I574
    Sch. 5 para. 27 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  578. I575
    Sch. 11 para. 22 in force at Royal Assent, see s. 170(3)(d)
  579. I576
    S. 46 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(l) (with regs. 4, 8)
  580. I577
    Sch. 5 para. 10 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  581. I578
    S. 156 not in force at Royal Assent, see s. 170(4)(b)(xi)(c)
  582. I579
    S. 110 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  583. I580
    Sch. 5 para. 83(1)(2)(7)(8)(9) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 32 (with reg. 10)
  584. I581
    S. 48 in force at 28.7.2022 for W. by S.I. 2022/774, reg. 2
  585. I582
    Sch. 5 para. 13(1)(2)(5)(6) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 10
  586. C3
    Sch. 8 para. 2 modified (20.7.2022) by The Building Safety (Leaseholder Protections) (England) Regulations 2022 (S.I. 2022/711), regs. 1(1), 10
  587. I583
    S. 15 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(d)
  588. I584
    Sch. 11 para. 2 in force at Royal Assent, see s. 170(3)(d)
  589. I585
    Sch. 9 para. 10 not in force at Royal Assent, see s. 170(5)
  590. I586
    S. 129 not in force at Royal Assent, see s. 170(5)
  591. I587
    Sch. 8 para. 2 in force at 28.6.2022, see s. 170(3)(a)
  592. I588
    Sch. 5 para. 5(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 7
  593. I589
    Sch. 5 para. 81(2) in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 30
  594. I590
    Sch. 7 para. 13 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  595. I591
    S. 23 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(h)
  596. I592
    Sch. 1 para. 5 in force at 28.6.2022 in so far as not already in force by S.I. 2022/561, regs. 1(2), 3(a)
  597. I593
    Sch. 11 para. 1 in force at Royal Assent, see s. 170(3)(d)
  598. I594
    S. 110 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z9)
  599. I595
    S. 135 in force at 28.6.2022, see s. 170(3)(c)
  600. I596
    Sch. 5 para. 50 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 19
  601. I597
    Sch. 4 para. 2 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  602. I598
    S. 50 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(xii)
  603. I599
    S. 133 not in force at Royal Assent, see s. 170(5)
  604. I600
    Sch. 4 para. 9 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  605. I601
    S. 39 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(i) (with reg. 7)
  606. I602
    S. 56 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(x)
  607. I603
    S. 71 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(y)
  608. I604
    Sch. 6 para. 15 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  609. I605
    Sch. 5 para. 23 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  610. I606
    Sch. 5 para. 42(1) in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(w)(iii)
  611. I607
    Sch. 5 para. 84(1)(3) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 33
  612. I608
    Sch. 6 para. 30 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(o)(ii) (with reg. 6)
  613. I609
    S. 21 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  614. I610
    S. 128 not in force at Royal Assent, see s. 170(5)
  615. I611
    Sch. 5 para. 5(1)(2) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 4
  616. I612
    S. 41 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)
  617. I613
    S. 20 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  618. I614
    S. 36 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)
  619. I615
    S. 88 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  620. I616
    Sch. 5 para. 12(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 14
  621. I617
    S. 4(5) in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(a)
  622. I618
    Sch. 5 para. 81 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  623. I619
    Sch. 5 para. 84(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxiv)
  624. I620
    Sch. 5 para. 5(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(ii)
  625. I621
    S. 123 in force at 28.6.2022, see s. 170(3)(a)
  626. I622
    Sch. 5 para. 3 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 3
  627. I623
    Sch. 4 para. 1 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  628. I624
    Sch. 8 para. 7 in force at 28.6.2022, see s. 170(3)(a)
  629. I625
    S. 27 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(k)
  630. I626
    Sch. 2 para. 1 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(g)
  631. I627
    Sch. 5 para. 6 in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 5
  632. I628
    Sch. 5 para. 83 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  633. I629
    S. 72 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  634. I630
    Sch. 6 para. 30 in force at 6.4.2023 for specified purposes by S.I. 2023/362, reg. 3(1)(x)
  635. I631
    Sch. 5 para. 5(3)(4) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(ii) (with reg. 4)
  636. I632
    S. 130 not in force at Royal Assent, see s. 170(5)
  637. I633
    Sch. 5 para. 51 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  638. I634
    S. 10 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(b)
  639. I635
    Sch. 5 para. 55(4)(a)(6) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 30
  640. I636
    Sch. 6 para. 4 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  641. I637
    S. 104 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  642. I638
    Sch. 8 para. 5 in force at 28.6.2022, see s. 170(3)(a)
  643. I639
    Sch. 5 para. 4(2) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 5
  644. I640
    S. 9 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  645. I641
    Sch. 5 para. 83(3) in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 32 (with reg. 9)
  646. I642
    Sch. 5 para. 79 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxx) (with reg. 3)
  647. I643
    S. 37 in force at 6.4.2023 except in relation to W. by S.I. 2023/362, reg. 3(1)(p)
  648. I644
    Sch. 5 para. 66 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  649. I645
    Sch. 5 para. 77 in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 40
  650. I646
    Sch. 5 para. 34 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)
  651. I647
    S. 36 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(iii)
  652. I648
    S. 126 in force at 1.9.2022 by S.I. 2022/927, reg. 2
  653. I649
    Sch. 5 para. 55(2)(3)(4)(b)(5) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxiii) (with reg. 4)
  654. I650
    Sch. 4 para. 12 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  655. I651
    S. 2(1) in force at Royal Assent, see s. 170(1)(b)
  656. I652
    S. 151 in force at 28.6.2022, see s. 170(3)(e)
  657. I653
    S. 170 in force at Royal Assent, see s. 170(1)(h)
  658. I654
    S. 45 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
  659. I655
    Sch. 5 para. 59 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  660. I656
    S. 20 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(f)
  661. I657
    Sch. 8 para. 6 in force at 28.6.2022, see s. 170(3)(a)
  662. I658
    S. 49 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
  663. I659
    Sch. 5 para. 2 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  664. I660
    Sch. 5 para. 49 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxi)
  665. I661
    Sch. 5 para. 84(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 48
  666. I662
    Sch. 6 para. 24 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  667. I663
    Sch. 1 para. 2 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  668. I664
    Sch. 5 para. 26 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  669. I665
    Sch. 5 para. 77 in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 41
  670. I666
    Sch. 5 para. 38 not in force at Royal Assent, see s. 170(4)(c)
  671. I667
    Sch. 5 para. 18 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(ix) (with reg. 4)
  672. I668
    Sch. 5 para. 54 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xxii)
  673. I669
    Sch. 5 para. 4(1)(2) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 3
  674. I670
    Sch. 6 para. 13 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  675. I671
    S. 63 in force at Royal Assent, see s. 170(1)(f)
  676. I672
    Sch. 5 para. 39 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xii) (with reg. 4)
  677. I673
    S. 148 in force at 28.6.2022, see s. 170(3)(e)
  678. C4
    Sch. 3 applied (with modifications) (5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force) by 1984 c. 55, s. 58Y (as inserted by Building Safety Act 2022 (c. 30), ss. 42, 170(4); S.I. 2023/914, reg. 2(b)(viii)(cc); S.I. 2023/993, reg. 2(k))
  679. I674
    Sch. 5 para. 1 in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 1
  680. I675
    Sch. 6 para. 16 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  681. I676
    S. 161 not in force at Royal Assent, see s. 170(5)
  682. I677
    Sch. 11 para. 16 in force at Royal Assent, see s. 170(3)(d)
  683. I678
    Sch. 9 para. 4 not in force at Royal Assent, see s. 170(5)
  684. I679
    Sch. 9 para. 3 not in force at Royal Assent, see s. 170(5)
  685. I680
    Sch. 5 para. 80 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxi)
  686. I681
    Sch. 5 para. 15(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 19
  687. I682
    Sch. 2 para. 5 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  688. I683
    Sch. 4 para. 7 not in force at Royal Assent, see s. 170(4)(b)(v)(c)
  689. I684
    Sch. 5 para. 83(1)(3) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(xxxiii) (with reg. 9)
  690. I685
    Sch. 5 para. 58 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  691. I686
    Sch. 3 para. 4 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(k)
  692. I687
    Sch. 5 para. 11(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(iv)
  693. I688
    Sch. 5 para. 24 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  694. I689
    S. 2(2) in force at Royal Assent for specified purposes, see s. 170(2)(a)
  695. I690
    Sch. 5 para. 76(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 38
  696. I691
    Sch. 2 para. 4 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  697. I692
    Sch. 5 para. 13(3)(4) in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(vi)
  698. I693
    Sch. 5 para. 48 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  699. I694
    Sch. 2 para. 4 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(g)
  700. I695
    Sch. 5 para. 75 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  701. I696
    Sch. 5 para. 22(1) in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(n)(x)
  702. I697
    Sch. 5 para. 16 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 21
  703. I698
    Sch. 5 para. 10 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 10
  704. I699
    Sch. 5 para. 19 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(ix)
  705. I700
    Sch. 5 para. 76(3) in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 39
  706. I701
    Sch. 5 para. 18 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  707. I702
    S. 124 in force at 28.6.2022, see s. 170(3)(a)
  708. I703
    Sch. 9 para. 8 not in force at Royal Assent, see s. 170(5)
  709. I704
    Sch. 5 para. 8 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  710. I705
    Sch. 5 para. 17 in force at 1.4.2023 except in relation to W. by S.I. 2023/362, reg. 2(2)(a)
  711. I706
    Sch. 7 para. 12 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  712. I707
    Sch. 11 para. 17 in force at Royal Assent, see s. 170(3)(d)
  713. I708
    Sch. 6 para. 8 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  714. I709
    Sch. 5 para. 40 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  715. I710
    Sch. 5 para. 11(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 11
  716. I711
    S. 93 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  717. I712
    Sch. 5 para. 86 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  718. I713
    Sch. 5 para. 14(1)(2)(3)(b)(4)(b) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 11
  719. I714
    Sch. 5 para. 29 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)
  720. I715
    S. 44 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(t)
  721. I716
    Sch. 7 para. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  722. I717
    S. 72 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z)
  723. I718
    S. 37 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(iv)
  724. I719
    S. 33 not in force at Royal Assent, see s. 170(4)(b)(ii)(c)
  725. I720
    Sch. 6 para. 11 not in force at Royal Assent, see s. 170(4)(b)(ix)(c)
  726. I721
    Sch. 11 para. 14 in force at Royal Assent, see s. 170(3)(d)
  727. I722
    Sch. 5 para. 33 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  728. I723
    Sch. 7 para. 11 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  729. I724
    Sch. 6 para. 19 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  730. I725
    S. 13 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  731. I726
    Sch. 5 para. 22 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  732. I727
    Sch. 11 para. 12 in force at Royal Assent, see s. 170(3)(d)
  733. I728
    Sch. 8 para. 4 in force at 28.6.2022, see s. 170(3)(a)
  734. I729
    S. 57 in force at 28.6.2022 for E. by S.I. 2022/561, regs. 1(2), 3(g)
  735. I730
    Sch. 11 para. 5 in force at Royal Assent, see s. 170(3)(d)
  736. I731
    S. 36 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(g) (with regs. 3, 5)
  737. I732
    S. 109 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  738. I733
    S. 40 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)
  739. I734
    S. 118 in force at 28.6.2022, see s. 170(3)(a)
  740. I735
    Sch. 5 para. 81(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 43
  741. I736
    Sch. 11 para. 18 in force at Royal Assent, see s. 170(3)(d)
  742. I737
    Sch. 2 para. 8 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(g)
  743. I738
    S. 111 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  744. I739
    S. 55 in force at 1.10.2023 for specified purposes except in relation to W by S.I. 2023/993, reg. 2(n)
  745. I740
    Sch. 6 para. 9 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  746. I741
    S. 35 in force at 6.4.2023 except in relation to W. by S.I. 2023/362, reg. 3(1)(n)
  747. I742
    Sch. 5 para. 11 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  748. I743
    Sch. 1 para. 3 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  749. I744
    Sch. 5 para. 77 in force at 9.12.2022 for specified purposes for W. by S.I. 2022/1287, reg. 2(c)(ii)
  750. I745
    Sch. 5 para. 20 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(ix) (with regs. 3, 6)
  751. I746
    S. 60 not in force at Royal Assent, see s. 170(4)(c)
  752. I747
    S. 112(2) in force at 6.4.2023 for specified purposes by S.I. 2023/362, reg. 3(1)(z10)(ii)
  753. I748
    S. 46 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(x)
  754. I749
    Sch. 5 para. 12(1) in force at 28.6.2022 for specified purposes for E. by S.I. 2022/561, regs. 1(2), 3(f), Sch. para. 13
  755. I750
    S. 78 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  756. I751
    Sch. 1 para. 7 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  757. I752
    Sch. 5 para. 30 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)
  758. I753
    Sch. 6 para. 11 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  759. I754
    S. 53 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(v)
  760. I755
    Sch. 8 para. 11 in force at 28.6.2022, see s. 170(3)(a)
  761. I756
    S. 131 not in force at Royal Assent, see s. 170(5)
  762. I757
    S. 49 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(xii)
  763. I758
    S. 103 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(u)
  764. I759
    Sch. 11 para. 9 in force at Royal Assent, see s. 170(3)(d)
  765. I760
    S. 34 in force at 6.4.2023 except in relation to W. by S.I. 2023/362, reg. 3(1)(n)
  766. I761
    Sch. 5 para. 61 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  767. I762
    S. 38 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)
  768. I763
    S. 105 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  769. I764
    S. 51 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(xii)
  770. I765
    S. 158 in force at 28.6.2022, see s. 170(3)(f)
  771. I766
    S. 54 in force at 1.10.2023 by S.I. 2023/993, reg. 2(m)
  772. I767
    Sch. 11 para. 7 in force at Royal Assent, see s. 170(3)(d)
  773. I768
    S. 32(3) in force at 5.9.2023 for specified purposes by S.I. 2023/914, reg. 2(a)
  774. I769
    Sch. 6 para. 20 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
  775. I770
    Sch. 11 para. 8 in force at Royal Assent, see s. 170(3)(d)
  776. I771
    S. 134 in force at 28.6.2022, see s. 170(3)(b)
  777. I772
    Sch. 1 para. 4 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  778. I773
    Sch. 5 para. 69 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
  779. I774
    S. 95 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  780. I775
    S. 32(1)(4) in force at 5.9.2023 for W. by S.I. 2023/914, reg. 2(a)
  781. I776
    S. 71 in force at Royal Assent for specified purposes, see s. 170(2)(a)
  782. C5
    S. 121(2)-(5) modified (20.7.2022) by The Building Safety (Leaseholder Protections) (England) Regulations 2022 (S.I. 2022/711), regs. 1(1), 3 (as amended (9.2.2023) by The Building Safety (Leaseholder Protections) (England) (Amendment) Regulations 2023 (S.I. 2023/126), reg. 2(2))
  783. F2
    S. 119(3A) inserted (retrospectively) by Levelling-Up and Regeneration Act 2023 (c. 55), s. 243(2)(5) (with s. 247)
  784. F3
    S. 119A inserted (retrospectively) by Levelling-Up and Regeneration Act 2023 (c. 55), s. 243(3)(5) (with s. 247)
  785. F4
    Word in s. 168(6)(a) inserted (retrospective to 28.6.2022) by Levelling-Up and Regeneration Act 2023 (c. 55), s. 243(4)(5) (with s. 247)
  786. I777
    S. 42 in force at 1.1.2024 for specified purposes for W. by S.I. 2023/914, reg. 4(a)
  787. I778
    S. 42 in force at 1.1.2024 for specified purposes by S.I. 2023/914, reg. 4(b)
  788. F5
    Word in Sch. 11 para. 21(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 105
  789. C6
    S. 29 applied (16.1.2024) by The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 (S.I. 2023/907), regs. 1(2), 8(6); S.I. 2024/40, reg. 2(e)
  790. I779
    S. 79 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(a)
  791. I780
    S. 80 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(b)
  792. I781
    S. 81 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(c)
  793. I782
    S. 82 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(d)
  794. I783
    S. 83 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(e)
  795. I784
    S. 84 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(f)
  796. I785
    S. 85 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(g)
  797. I786
    S. 86 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(h)
  798. I787
    S. 87 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(i)
  799. I788
    S. 88 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(j)
  800. I789
    S. 90 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(k)
  801. I790
    S. 91 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(l)
  802. I791
    S. 92 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(m)
  803. I792
    S. 93 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(n)
  804. I793
    S. 94 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(o)
  805. I794
    S. 95 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(p)
  806. I795
    S. 96 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(q)
  807. I796
    S. 97 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(r)
  808. I797
    S. 98 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(s)
  809. I798
    S. 101 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(t)
  810. I799
    S. 102 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  811. I800
    S. 111 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(v)
  812. I801
    Sch. 7 para. 1 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  813. I802
    Sch. 7 para. 2 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  814. I803
    Sch. 7 para. 3 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  815. I804
    Sch. 7 para. 4 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  816. I805
    Sch. 7 para. 5 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  817. I806
    Sch. 7 para. 6 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  818. I807
    Sch. 7 para. 7 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  819. I808
    Sch. 7 para. 8 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  820. I809
    Sch. 7 para. 9 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  821. I810
    Sch. 7 para. 10 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  822. I811
    Sch. 7 para. 11 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  823. I812
    Sch. 7 para. 12 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  824. I813
    Sch. 7 para. 13 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  825. I814
    Sch. 7 para. 14 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  826. I815
    Sch. 7 para. 15 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  827. I816
    Sch. 7 para. 16 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  828. I817
    Sch. 7 para. 17 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(u)
  829. C7
    S. 92(2) excluded (16.1.2024) by The Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2024 (S.I. 2024/41), regs. 1(1), 16; S.I. 2024/40, reg. 2(e)
  830. I818
    S. 42 in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(a) (with reg. 3)
  831. I819
    S. 42 in force at 6.4.2024 for specified purposes by S.I. 2024/207, reg. 2(b) (with regs. 3, 4, 8-12)
  832. I820
    S. 42 in force at 6.4.2024 for specified purposes for W. by S.I. 2024/207, reg. 2(d)(ii) (with regs. 3, 4, 8-12)
  833. I821
    Sch. 5 para. 12(3)-(5) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  834. I822
    Sch. 5 para. 14(3)(a)(4)(a)(5)-(7) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  835. I823
    Sch. 5 para. 15(6)-(8) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  836. I824
    Sch. 5 para. 83(4)-(6) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  837. I825
    S. 32(3) in force at 6.4.2024 for specified purposes by S.I. 2024/207, reg. 2(a) (with regs. 3, 4, 8-12)
  838. I826
    S. 40 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(i) (with regs. 3, 4, 8-12)
  839. I827
    S. 43 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  840. I828
    S. 43 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(iii) (with regs. 3, 4, 8-12)
  841. I829
    S. 44 in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(iv) (with regs. 3, 4, 8-12)
  842. I830
    S. 44(3) in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(c) (with reg. 3)
  843. I831
    S. 45 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(d) (with reg. 3)
  844. I832
    S. 46 in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(v) (with regs. 3-5, 8-12)
  845. I833
    S. 49 in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(e) (with reg. 3)
  846. I834
    S. 50 in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(f) (with reg. 3)
  847. I835
    S. 50 in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(vi) (with regs. 3, 4, 8-12)
  848. I836
    S. 51 in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(g) (with regs. 3, 5)
  849. I837
    S. 51 in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(vii) (with regs. 3, 4, 8-12)
  850. I838
    S. 52 in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(h) (with reg. 3)
  851. I839
    S. 52 in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(viii) (with regs. 3, 4, 8-12)
  852. I840
    S. 53(2)(3)(a)(ii)(iii)(b) in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(i) (with reg. 3)
  853. I841
    S. 53(2)(3)(a)(ii)(iii)(b) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(ix) (with regs. 3, 4, 8-12)
  854. I842
    S. 55 in force at 6.4.2024 for specified purposes except in relation to W. by S.I. 2024/104, reg. 2(j) (with reg. 3)
  855. I843
    S. 58 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(k) (with reg. 3)
  856. I844
    Sch. 4 para. 1 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  857. I845
    Sch. 4 para. 1 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 8-12)
  858. I846
    Sch. 4 para. 2 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  859. I847
    Sch. 4 para. 2 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  860. I848
    Sch. 4 para. 3 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  861. I849
    Sch. 4 para. 3 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  862. I850
    Sch. 4 para. 4 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  863. I851
    Sch. 4 para. 4 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  864. I852
    Sch. 4 para. 5 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with regs. 3, 4)
  865. I853
    Sch. 4 para. 5 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 8-13)
  866. I854
    Sch. 4 para. 6 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  867. I855
    Sch. 4 para. 6 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  868. I856
    Sch. 4 para. 7 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  869. I857
    Sch. 4 para. 7 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  870. I858
    Sch. 4 para. 8 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  871. I859
    Sch. 4 para. 8 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  872. I860
    Sch. 4 para. 9 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  873. I861
    Sch. 4 para. 9 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  874. I862
    Sch. 4 para. 10 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  875. I863
    Sch. 4 para. 10 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  876. I864
    Sch. 4 para. 11 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  877. I865
    Sch. 4 para. 11 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  878. I866
    Sch. 4 para. 12 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  879. I867
    Sch. 4 para. 12 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  880. I868
    Sch. 4 para. 13 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  881. I869
    Sch. 4 para. 13 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
  882. I870
    Sch. 4 para. 14 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)
  883. I871
    Sch. 4 para. 14 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 8-12)
  884. I872
    Sch. 5 para. 1 in force at 6.4.2024 for specified purposes except in relation to W. by S.I. 2024/104, reg. 2(j)(i) (with reg. 3)
  885. I873
    Sch. 5 para. 4(3) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  886. I874
    Sch. 5 para. 5(3)(4) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  887. I875
    Sch. 5 para. 7 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  888. I876
    Sch. 5 para. 8 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  889. I877
    Sch. 5 para. 11(4) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  890. I878
    Sch. 5 para. 13(3)(4) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  891. I879
    Sch. 5 para. 18 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  892. I880
    Sch. 5 para. 19 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  893. I881
    Sch. 5 para. 21(1)(2) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  894. I882
    Sch. 5 para. 22(2)(7) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  895. I883
    Sch. 5 para. 23(1)(2) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  896. I884
    Sch. 5 para. 24(1)(2) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  897. I885
    Sch. 5 para. 25 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  898. I886
    Sch. 5 para. 26(1)(2) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  899. I887
    Sch. 5 para. 27(1)(2) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  900. I888
    Sch. 5 para. 30 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  901. I889
    Sch. 5 para. 33 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  902. I890
    Sch. 5 para. 34 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  903. I891
    Sch. 5 para. 35 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  904. I892
    Sch. 5 para. 36 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  905. I893
    Sch. 5 para. 37 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  906. I894
    Sch. 5 para. 39 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  907. I895
    Sch. 5 para. 41(1)(2) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  908. I896
    Sch. 5 para. 44 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  909. I897
    Sch. 5 para. 44(3) in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(j)(ii) (with reg. 3)
  910. I898
    Sch. 5 para. 47 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  911. I899
    Sch. 5 para. 48 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  912. I900
    Sch. 5 para. 49 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  913. I901
    Sch. 5 para. 52 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(j)(iii) (with reg. 3)
  914. I902
    Sch. 5 para. 52 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  915. I903
    Sch. 5 para. 54 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  916. I904
    Sch. 5 para. 55(2)(4)(b)(5) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  917. I905
    Sch. 5 para. 56 in force at 6.4.2024 by S.I. 2024/207, reg. 2(c) (with regs. 3, 4, 8-12)
  918. I906
    Sch. 5 para. 57(2) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  919. I907
    Sch. 5 para. 58 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  920. I908
    Sch. 5 para. 59 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  921. I909
    Sch. 5 para. 60 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  922. I910
    Sch. 5 para. 61 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  923. I911
    Sch. 5 para. 62 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  924. I912
    Sch. 5 para. 63 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  925. I913
    Sch. 5 para. 64 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  926. I914
    Sch. 5 para. 65 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  927. I915
    Sch. 5 para. 66 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  928. I916
    Sch. 5 para. 68 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  929. I917
    Sch. 5 para. 69 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  930. I918
    Sch. 5 para. 70 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  931. I919
    Sch. 5 para. 72 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  932. I920
    Sch. 5 para. 73 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  933. I921
    Sch. 5 para. 74(3) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  934. I922
    Sch. 5 para. 76(2) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  935. I923
    Sch. 5 para. 80 in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  936. I924
    Sch. 5 para. 81(2) in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  937. I925
    Sch. 5 para. 81(3) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  938. I926
    Sch. 5 para. 83(3) in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12, 14)
  939. I927
    Sch. 5 para. 84(2) in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  940. I928
    Sch. 5 para. 86 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
  941. I929
    Sch. 6 para. 1 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  942. I930
    Sch. 6 para. 2 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  943. I931
    Sch. 6 para. 3 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  944. I932
    Sch. 6 para. 4 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  945. I933
    Sch. 6 para. 5 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  946. I934
    Sch. 6 para. 6 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  947. I935
    Sch. 6 para. 8 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 7-12)
  948. I936
    Sch. 6 para. 9 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  949. I937
    Sch. 6 para. 10 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  950. I938
    Sch. 6 para. 11 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  951. I939
    Sch. 6 para. 12 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  952. I940
    Sch. 6 para. 13 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  953. I941
    Sch. 6 para. 14 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  954. I942
    Sch. 6 para. 15 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  955. I943
    Sch. 6 para. 16 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  956. I944
    Sch. 6 para. 17 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  957. I945
    Sch. 6 para. 18 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  958. I946
    Sch. 6 para. 19 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  959. I947
    Sch. 6 para. 20 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  960. I948
    Sch. 6 para. 21 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  961. I949
    Sch. 6 para. 22 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  962. I950
    Sch. 6 para. 23 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  963. I951
    Sch. 6 para. 24 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  964. I952
    Sch. 6 para. 25 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  965. I953
    Sch. 6 para. 26 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  966. I954
    Sch. 6 para. 27 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  967. I955
    Sch. 6 para. 28 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  968. I956
    Sch. 6 para. 30 in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
  969. C8
    Sch. 3 applied (with modifications) (5.9.2023 for W., 6.4.2024 for E.) by 1984 c. 55, s. 58Y(6) (as inserted by Building Safety Act 2022 (c. 30), ss. 42, 170(4); S.I. 2023/914, reg. 2(b)(viii)(cc); S.I. 2024/104, reg. 2(a) (with reg. 3))
  970. I957
    S. 44(1) in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(c) (with reg. 3)
  971. I958
    Sch. 5 para. 44(1) in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(j)(ii) (with reg. 3)
  972. I959
    S. 49(1)(2) in force at 25.4.2024 for W. in so far as not already in force by S.I. 2024/447, reg. 2
  973. F6
    S. 125A and cross-heading inserted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 119, 124(2)(d)
  974. F7
    Word in s. 116(1) substituted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 118(2)(a), 124(2)(c)
  975. F8
    S. 116(2)(e) omitted (24.7.2024) by virtue of Leasehold and Freehold Reform Act 2024 (c. 22), ss. 118(2)(b), 124(2)(c)
  976. F9
    Word in s. 117(1) substituted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 118(2)(c), 124(2)(c)
  977. F10
    Word in s. 119(1) substituted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 118(2)(d), 124(2)(c)
  978. F11
    Word in s. 119A(9) substituted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 118(2)(e), 124(2)(c)
  979. F12
    Word in s. 120(1) substituted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 118(2)(f), 124(2)(c)
  980. F13
    Word in s. 121(1) substituted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 118(2)(g), 124(2)(c)
  981. F14
    S. 125 omitted (24.7.2024) by virtue of Leasehold and Freehold Reform Act 2024 (c. 22), ss. 118(1), 124(2)(c)
  982. F15
    Word in s. 164(1)(c) substituted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 118(2)(h), 124(2)(c)
  983. F16
    Sch. 8 para. 9(1A) inserted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 117(2), 124(2)(b) (with s. 117(4))
  984. F17
    Sch. 8 para. 9(3)(4) inserted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 117(3), 124(2)(b) (with s. 117(4))
  985. F18
    Words in s. 120 heading inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 114(2), 124(3); S.I. 2024/1018, reg. 2(a)
  986. F19
    S. 120(4A) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 114(3), 124(3); S.I. 2024/1018, reg. 2(a)
  987. F20
    S. 123(8)(9) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 115(4), 124(3) (with s. 115(5)); S.I. 2024/1018, reg. 2(b)
  988. F21
    S. 123(6) substituted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 115(3), 124(3) (with s. 115(5)); S.I. 2024/1018, reg. 2(b)
  989. F22
    Words in s. 123(2) substituted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 115(2), 124(3) (with s. 115(5)); S.I. 2024/1018, reg. 2(b)
  990. F23
    S. 124(2A)(2B) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(3), 124(3); S.I. 2024/1018, reg. 2(c)
  991. F24
    Words in s. 124(2) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(2), 124(3); S.I. 2024/1018, reg. 2(c)
  992. F25
    Words in s. 124(3) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(4), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)
  993. F26
    S. 124(4)(aa) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(5)(b), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)
  994. F27
    Words in s. 124(4)(a) omitted (31.10.2024) by virtue of Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(5)(a), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)
  995. F28
    Words in s. 124(5) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(6)(a), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)
  996. F29
    Words in s. 124(5) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(6)(b), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)
  997. F30
    Words in s. 124(5) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(6)(c), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)
  998. F31
    Words in Sch. 8 para. 1(1) omitted (31.10.2024) by virtue of Leasehold and Freehold Reform Act 2024 (c. 22), ss. 114(4)(a), 124(3); S.I. 2024/1018, reg. 2(a)
  999. F32
    Words in Sch. 8 para. 1(1) substituted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 114(4)(b), 124(3); S.I. 2024/1018, reg. 2(a)
  1000. F33
    Words in s. 2(2) omitted (27.1.2026) by virtue of The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (S.I. 2026/20), reg. 1(2), Sch. 2 para. 11(b) (with reg. 5)
  1001. F34
    Words in s. 2(1) substituted (27.1.2026) by The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (S.I. 2026/20), reg. 1(2), Sch. 2 para. 11(a) (with reg. 5)
  1002. F35
    S. 3(4)(b) and word omitted (27.1.2026) by virtue of The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (S.I. 2026/20), reg. 1(2), Sch. 2 para. 12(a) (with reg. 5)
  1003. F36
    S. 3(5)(c) omitted (27.1.2026) by virtue of The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (S.I. 2026/20), reg. 1(2), Sch. 2 para. 12(b) (with reg. 5)
  1004. F37
    Words in s. 9(1) omitted (27.1.2026) by virtue of The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (S.I. 2026/20), reg. 1(2), Sch. 2 para. 13 (with reg. 5)
  1005. F38
    Words in s. 10(1) omitted (27.1.2026) by virtue of The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (S.I. 2026/20), reg. 1(2), Sch. 2 para. 14 (with reg. 5)
  1006. F39
    Words in s. 11(1) omitted (27.1.2026) by virtue of The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (S.I. 2026/20), reg. 1(2), Sch. 2 para. 15 (with reg. 5)
  1007. F40
    Words in s. 20(4) substituted (27.1.2026) by The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (S.I. 2026/20), reg. 1(2), Sch. 2 para. 16 (with reg. 5)
  1008. F41
    S. 28(5)(b) and word omitted (27.1.2026) by virtue of The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (S.I. 2026/20), reg. 1(2), Sch. 2 para. 17 (with reg. 5)