Building Safety Act 2022

Section 22

Schedule 2 Authorised officers: investigatory powers

Entry to non-domestic premises without warrant

1 (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.

Entry to non-domestic premises with warrant

2 (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.

Entry to domestic premises (with warrant)

3 (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.

Power to require information, documents etc

4 (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.

Retention of evidence etc

5 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.

Offence of failing to provide information, documents etc

6 (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).

Interpretation

7 (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.

Saving for material subject to legal professional privilege

8 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.