PART 4REMEDIATION OF CERTAIN DEFECTS

112Meaning of “relevant building”

(1)

In this Part, “relevant building” means a category 1 building or a category 2 building, but does not include—

(a)

anything that is included in a reference to such a building by virtue of section 7 (ancillary areas);

(b)

any building—

(i)

in relation to which a right under Part 1 of the Landlord and Tenant Act 1987 (c. 31) (tenants’ right of first refusal) or Part 3 of that Act (compulsory acquisition by tenants of landlord’s interest) has been exercised;

(ii)

in relation to which the right to collective enfranchisement under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) has been exercised;

(iii)

that is on commonhold land (within the meaning given by section 1 of the Commonhold and Leasehold Reform Act 2002 (c. 15)).

(2)

The Welsh Ministers may by regulations provide that a category 1 building or a category 2 building is not a relevant building if the freehold estate in the building is leaseholder owned (within the meaning given by the regulations).