PART 1SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS
CHAPTER 8DUTIES OF RESIDENTS AND OWNERS ETC. OF RESIDENTIAL UNITS
56Fire resistance of residential units: duty to repair
(1)
This section applies to a person who—
(a)
is aware of damage to a part of a residential unit in an occupied regulated building (whether the damage is wear and tear or other damage) that falls within subsection (3), and
(b)
falls within subsection (5) in relation to the part.
(2)
A person to whom this section applies must ensure the damage is repaired.
(3)
Damage falls within this subsection if it—
(a)
gives rise to a significant risk of fire spread, or
(b)
significantly increases any existing risk of fire spread.
(4)
The reference in subsection (3) to a risk of fire spread means a risk that, if fire breaks out in the residential unit, the fire will spread from the unit.
(5)
A person falls within this subsection in relation to a part of a residential unit if the person is—
(a)
subject to a requirement under a lease or by virtue of an enactment (other than this section), to repair or maintain the part, or
(b)
the owner of the residential unit, if there is no person who falls within paragraph (a) in relation to the part.
(6)
This section does not affect a requirement to which the person is subject to repair or maintain the part.