26Removal of building from register by building safety authority(1)

A building safety authority may remove a category 1 building or a category 2 building from its register if it is satisfied (whether pursuant to an application under section 25(2) or otherwise) that—

(a)

the building is neither a category 1 building nor a category 2 building, or

(b)

the building is not occupied and the total period for which it is not occupied will be at least 6 months.

(2)

Before removing a building from the register, the building safety authority must give notice to the following persons that it proposes to do so—

(a)

the principal accountable person for the building (unless the authority is proposing to remove the building from the register pursuant to an application by the principal accountable person under section 25(2)), and

(b)

every other accountable person for the building (where there is more than one accountable person for the building).

(3)

A notice under subsection (2) must specify—

(a)

the reasons for proposing to remove the building from the register,

(b)

the period during which each person given the notice may make representations about the proposal (“the specified period”), and

(c)

the way in which those representations may be made.

(4)

The specified period must be at least 14 days beginning with the day after the day on which the notice is given.

(5)

The building safety authority must have regard to any representations made in accordance with the notice given under subsection (2) in deciding whether to remove the building from the register.

(6)

The authority must give each accountable person for the building notice of its decision.

(7)

If the authority decides to remove the building from the register pursuant to an application by the principal accountable person under section 25(2), the notice of its decision must include the date on which the removal takes effect.

(8)

Any other notice of a decision to remove a building from the register must include—

(a)

the date on which the removal takes effect,

(b)

the reasons for removing the building from the register, and

(c)

information about the right of review under section 64.

(9)

The removal of a building from a register under this section cannot take effect at any time when—

(a)

a request for a review of the decision to remove the building from the register could be made under section 64 (unless each accountable person for the building has notified the building safety authority that the person does not intend to request a review),

(b)

a review has been requested but has not concluded and the request has not been withdrawn,

(c)

an appeal against the decision could be made to a residential property tribunal under section 65 (unless each accountable person for the building has notified the authority that the person does not intend to appeal), or

(d)

an appeal has been made but not finally determined or withdrawn.

(10)

If subsection (9) ceases to prevent a removal taking effect at a time when the date specified in the notice given under subsection (8)(a) has already passed, the building safety authority must determine a future date on which the removal takes effect (unless such a date has been determined on review or appeal).