PART 1 E+W SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS

CHAPTER 2 E+W KEY TERMS

Accountable persons, principal accountable persons and common parts E+W

Prospective

12 Application of sections 9 and 11 in cases of joint ownership etc. E+W

(1) Subsection (2) applies where, in relation to a regulated building—

(a) two or more persons fall within section 8(2)(a) because they jointly hold a legal estate in possession in the same part of the common parts of the building (or all of the common parts);

(b) two or more persons fall within section 8(2)(b) because—

(i) they are jointly subject to a requirement under a lease to repair or maintain the same part of the common parts of the building (or all of the common parts), or

(ii) they are jointly subject to a requirement by virtue of an enactment to repair or maintain the same part of the common parts of the building (or all of the common parts).

(2) Persons that fall within subsection (1)(a) or (1)(b)(i) or (1)(b)(ii) are to be treated as one accountable person for the purposes of—

(a) section 9(2) and (3) (meaning of principal accountable person);

(b) a determination under section 11(1)(c) (part of the building for which any accountable person is responsible).

Commencement Information

I1 S. 12 not in force at Royal Assent, see s. 138(2)