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

Prospective

CHAPTER 5 E+W DUTIES APPLYING ONLY TO OCCUPIED CATEGORY 1 BUILDINGS

Building certificates E+W

44 Determination of applications and issue of certificates E+W

(1) This section applies where the principal accountable person for a category 1 building makes an application for a building certificate under section 42(3) or (4).

(2) The building safety authority must assess whether the relevant duties are being complied with in relation to the building (and the authority may inspect the building in connection with that assessment).

(3) If the authority is satisfied that all of the relevant duties are being complied with, it must issue a building certificate in relation to the building.

(4) If the authority is not satisfied that all of the relevant duties are being complied with, it must refuse the application and give the principal accountable person notice of the refusal; but this is subject to subsection (5).

(5) If the authority considers that a failure to comply with a relevant duty can be remedied promptly—

(a) it may give a notice to the principal accountable person containing a brief description of the failure and specifying a period for remedying it, and

(b) if the failure is remedied within that period, the authority may issue a building certificate (instead of refusing the application).

(6) In this section “relevant duty” means a duty imposed on an accountable person for the building by or under—

(a) sections 29 to 35 (assessment and management of building safety risks);

(b) section 37 (safety case report);

(c) sections 38 and 39 (reporting in relation to building safety risks);

(d) section 40 and 41 (residents’ engagement strategy);

(e) section 49 (provision of information and documents to other persons).

(7) A notice of the refusal of an application for a building certificate must include information about the right of review under section 64.

(8) The Welsh Ministers may by regulations make further provision about building certificates and notices under this section.

(9) That provision may, in particular, include provision about—

(a) the form and content of a certificate or notice;

(b) how a certificate is to be issued or a notice is to be given.

Commencement Information

I1 S. 44 not in force at Royal Assent, see s. 138(2)