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

Prospective

CHAPTER 4 E+W ASSESSMENT AND MANAGEMENT OF BUILDING SAFETY RISKS

Structural safety risks in category 1 buildings and category 2 buildings E+W

34 Assessment of structural safety risks: duties of accountable persons E+W

(1) Where a category 1 building or a category 2 building is occupied, each accountable person for the building must ensure that the structural safety risks relating to the part of the building for which the person is responsible are assessed in accordance with this section and any regulations made under it.

(2) An assessment under subsection (1) is referred to in this Act as a “structural risk assessment”.

(3) A structural risk assessment for a part of a building must—

(a) be made by an individual or body having sufficient expertise or experience to assess the structural safety risks in relation to that part, and

(b) be suitable and sufficient to enable the accountable person who is responsible for that part (or any other person who is treated as such an accountable person by virtue of section 36) to comply with section 35 (management of structural safety risks).

(4) An accountable person’s first structural risk assessment must be made as soon as possible after the latest of the following events occurs—

(a) the building becomes occupied;

(b) the person becomes an accountable person for the building;

(c) this section comes into force.

(5) Further structural risk assessments must be made—

(a) at regular intervals;

(b) as soon as possible if the accountable person has reason to suspect that the current assessment is no longer suitable and sufficient for the purpose mentioned in subsection (3)(b);

(c) if the accountable person is directed to do so by the building safety authority for the building, within a period specified in the direction.

(6) An accountable person who is responsible for a part of a building must ensure that—

(a) the findings of every structural risk assessment for that part are recorded in writing, and

(b) a copy of each assessment is given to the principal accountable person for the building (where the accountable person is not the principal accountable person).

(7) The Welsh Ministers may by regulations—

(a) specify requirements that an individual or body must satisfy to be regarded as having sufficient expertise or experience for the purpose of making a structural risk assessment (including requirements for particular qualifications or for accreditation by, or membership of, a particular‍ organisation);

(b) specify matters that must be considered as part of an assessment;

(c) make provision about the methodology that must be used in making an assessment;

(d) specify information that must be included in the written record of an assessment;

(e) specify a maximum interval that an accountable person may allow to elapse between assessments.

(8) Before making regulations under subsection (7), the Welsh Ministers must consult—

(a) each‍ county council and county borough council in Wales,

(b) each fire safety authority, and

(c) such other persons as they consider appropriate.

Commencement Information

I1 S. 34 not in force at Royal Assent, see s. 138(2)