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Building Safety (Wales) Act 2026
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Building Safety (Wales) Act 2026, Section 40 is up to date with all changes known to be in force on or before 09 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 40:
- s. 40 coming into force by 2026 asc 5 s. 138(2)
Prospective
40Preparation and review of residents’ engagement strategy by principal accountable personE+W
This section has no associated Explanatory Notes
(1)The principal accountable person for an occupied category 1 building must—
(a)prepare a strategy for promoting the participation of relevant persons in building safety decisions in relation to the building, and
(b)act in accordance with the strategy.
(2)A strategy prepared under subsection (1)(a) is referred to in this Act as a “residents’ engagement strategy”.
(3)In this section—
“building safety decision” (“penderfyniad diogelwch adeilad”) means a decision by an accountable person for a building that—
(a)is about the management of the building, and
(b)is made in connection with the performance of a duty of the accountable person under this Act or regulations made under it;
“relevant persons” (“personau perthnasol”) means—
(a)adult residents of the building, and
(b)owners of residential units in the building.
(4)The residents’ engagement strategy for a building must include information about—
(a)the information that will be given to relevant persons about building safety decisions,
(b)the aspects of those decisions that relevant persons will be consulted about,
(c)the arrangements for obtaining and taking account of the views of relevant persons,
(d)how the appropriateness of methods for promoting participation will be measured and kept under review, and
(e)any other matters specified in regulations.
(5)The principal accountable person must prepare the residents’ engagement strategy as soon as possible after the latest of the following events occurs—
(a)the building becomes occupied;
(b)the building becomes a category 1 building;
(c)the person becomes the principal accountable person for the building;
(d)this section comes into force.
(6)When preparing the residents’ engagement strategy the principal accountable person must—
(a)consult relevant persons, and any other persons specified in regulations, about the proposed contents of the strategy, and
(b)take into account any representations made in response to the consultation.
(7)The principal accountable person must—
(a)review the residents’ engagement strategy at the times specified in regulations, and
(b)revise the strategy if the person considers it necessary or appropriate to do so.
(8)The principal accountable person must—
(a)in the circumstances specified in regulations, consult relevant persons, and any other persons specified in regulations, about proposed revisions to the strategy, and
(b)take any representations made in response to the consultation into account.
(9)Regulations may make provision about—
(a)the preparation, review or revision of the residents’ engagement strategy for a building where there is more than one accountable person for the building;
(b)the carrying out of consultations under this section or regulations made under it.
(10)Regulations under this section are to be made by the Welsh Ministers.
Commencement Information
I1S. 40 not in force at Royal Assent, see s. 138(2)
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