24Duty to give declaration about accuracy of information and documents included in register(1)

The principal accountable person for a registered category 1 building or a registered category 2 building must, within the confirmation period, give the building safety authority for the building a relevant declaration.

(2)

A “relevant declaration” is a declaration about the accuracy of the information and documents included in the entry for the building in the authority’s register that complies with regulations made under subsection (3).

(3)

The Welsh Minister‍s must by regulations make provision about—

(a)

the form and content of a relevant declaration;

(b)

how a relevant declaration must be given.

(4)

Subsection (1) does not apply if—

(a)

the building safety authority has given the principal accountable person notice of a decision to remove the building from the register under section 26(6), and

(b)

either—

(i)

the date on which that decision takes effect has not yet been reached, or

(ii)

the decision has not yet taken effect by virtue of section 26(9) (suspension pending review or appeal).

(5)

Subsection (6) applies if section 26(9) ceases to apply by virtue of the decision to remove the building from the register being cancelled or quashed—

(a)

during the last 14 days of the confirmation period, or

(b)

after the end of the confirmation period.

(6)

The principal accountable person must give the building safety authority a relevant declaration before the end of 14 days beginning with the day after the day on which the decision is cancelled or quashed.

(7)

Before the end of 21 days beginning with the day after the day on which the relevant declaration is given, the building safety authority must notify the principal accountable person in writing that it has received the declaration.

(8)

A principal accountable person commits an offence if the person fails without reasonable excuse to give a building safety authority a relevant declaration in accordance with subsection (1) or (6) (as applicable).

(9)

A person guilty of an offence under subsection (8) 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.

(10)

A person who has been convicted of an offence under subsection (8) commits a further offence if the person continues to fail to give the building safety authority a relevant declaration.

(11)

A person guilty of an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 1 on the standard scale for each day on which the failure continues.

(12)

In this section, “confirmation period” means the last 3 months of—

(a)

the period of 5 years beginning with the date of registration given in the notice required by section 20(5), and

(b)

each subsequent period of 5 years.