PART 1SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS

CHAPTER 7INFORMATION AND COMPLAINTS

Duties to keep and provide information and documents

47Duty to give information and documents to accountable persons

(1)

Where this subsection applies, a person who is a relevant person in relation to a regulated building must give information or a document to an accountable person (“P”) for the building (see also article 22D of the Fire Safety Order).

(2)

For the purposes of this section a person is a relevant person in relation to a regulated building if the person—

(a)

is an accountable person for the building;

(b)

is a duty holder for a relevant HMO in the building;

(c)

holds a legal estate in any part of the building;

(d)

holds a legal estate in any part of premises that form part of the same structure or set of structures as the building and are wholly or partly above or below the building.

(3)

Subsection (1) applies where—

(a)

the information or document is necessary for P to comply with a requirement under this Act or regulations made under it,

(b)

P gives the relevant person a written request that—

(i)

states that the request is made pursuant to this section,

(ii)

explains why P requires the information or document,

(iii)

states the address to which the information or document must be given, and

(iv)

states that the information or document must be given before the end of a specified date no less than 14 days after the day on which the request is given,

(c)

it is reasonable for the relevant person to give P the information or document, and

(d)

in the case of a request for information, P cannot request the information from the relevant person under section 54(4) or 55(4) (duties of residents and owners).

(4)

The disclosure of information or a document in accordance with this section does not breach—

(a)

any obligation of confidence owed by the person making the disclosure, or

(b)

any other restriction on the disclosure of information or a document (however imposed).

(5)

But see also section 183A of the Data Protection Act 2018 (c. 12) (protection of requirements for processing personal data).

(6)

In this section, references to an accountable person include a person who is treated as an accountable person by virtue of section 36.