http://www.legislation.gov.uk/asc/2026/5/section/107Building Safety (Wales) Act 2026enStatute Law Database2026-06-22Expert Participation2026-04-28
Building Safety (Wales) Act 2026Deddf Diogelwch Adeiladau (Cymru) 2026s. 107Building Safety (Wales) Act 2026Deddf Diogelwch Adeiladau (Cymru) 2026s. 138(2)
PART 3ENFORCEMENT AND INVESTIGATORY POWERSOffencesContravention giving rise to risk of death or serious injury
107
1
An accountable person for a regulated building, or a person treated as an accountable person by virtue of section 36, commits an offence if—
a
the person contravenes a requirement imposed on the person by this Act or regulations made under it, and
b
the contravention places one or more people in or about the building at a significant risk of death or serious injury arising from a building safety risk (within the meaning given by section 28).
2
A person who is a duty holder for a relevant HMO commits an offence if—
a
the person contravenes a requirement imposed on the person by this Act or regulations made under it, and
b
the contravention places one or more people in or about the relevant HMO at a significant risk of death or serious injury arising from a fire safety risk.
3
Subsections (1) and (2) do not apply to anything that constitutes an offence under any other provision of this Act that is subject to the same punishment as an offence under subsection (1) or (2).
4
A person guilty of an offence under subsection (1) or (2) is liable—
a
on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.
5
A person who has been convicted of an offence under subsection (1) or (2) commits a further offence if the person continues to contravene the requirement in question.
6
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 1 on the standard scale for each day on which the contravention continues.
7
It is a defence for a person charged with an offence under this section to prove that the person took all reasonable steps to avoid committing the offence.
S. 107 not in force at Royal Assent, see s. 138(2)