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

35 Management of structural safety risks by accountable persons E+W

(1) Where a category 1 building or a category 2 building is occupied, each accountable person for the building must take all reasonable steps to—

(a) prevent a structural safety risk materialising in relation to the part of the building for which the person is responsible, and

(b) reduce the severity of any incident resulting from such a risk materialising in relation to that part.

(2) The steps may include the accountable person carrying out works to the part of the building for which the person is responsible.

(3) The steps must be taken promptly.

(4) An accountable person must—

(a) make arrangements to ensure the effective planning, organisation, control, monitoring and review of steps taken by the person under this section, and

(b) give effect to those arrangements.

(5) An accountable person must ensure that a written record is made of—

(a) arrangements that the person makes under this section, and

(b) steps that the person takes under this section.

(6) The Welsh Ministers may by regulations—

(a) make provision about what are reasonable steps for the purposes of this section;

(b) specify matters to which an accountable person must have regard, or principles in accordance with which an accountable person must act, when determining the steps to take under this section or taking the steps;

(c) specify requirements with which arrangements under this section must comply;

(d) specify information that must be included in a written record of arrangements made, or steps taken, under this section.

(7) Before making regulations under subsection (6), 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.

(8) In this section, references to an accountable person include a person who is treated as an accountable person for the purposes of this section by virtue of section 36.

Commencement Information

I1 S. 35 not in force at Royal Assent, see s. 138(2)