PART 1SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS
CHAPTER 5DUTIES APPLYING ONLY TO OCCUPIED CATEGORY 1 BUILDINGS
Building certificates
42Duty of principal accountable person to apply for building certificate
(1)
This section applies to a category 1 building that is registered and occupied.
(2)
The building safety authority for the building may at any time direct the principal accountable person for the building to apply to the authority for the issue of a building certificate under section 44.
(3)
The principal accountable person must apply to the authority for a building certificate in relation to the building within 28 days beginning with the day after the day on which the direction is given.
(4)
Where a building safety authority has issued a building certificate in relation to a building to which this section applies, the principal accountable person for the building must apply to the authority for a further building certificate within 5 years beginning with the day on which the most recent certificate was issued (whether or not the authority directs the person to do so).
(5)
The principal accountable person for a building to which this section applies commits an offence if the person fails without reasonable excuse to comply with subsection (3) or (4).
(6)
A person guilty of an offence under subsection (5) 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.
(7)
A person who has been convicted of an offence under subsection (5) commits a further offence if the person continues to fail to comply with subsection (3) or (4) (as the case may be) after the conviction.
(8)
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 1 on the standard scale for each day on which the failure continues.
(9)
The Welsh Ministers may by regulations amend the period of time specified in subsection (4).