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

Prospective

CHAPTER 8 E+W DUTIES OF RESIDENTS AND OWNERS ETC. OF RESIDENTIAL UNITS

58 Entry to residential units etc. by accountable person E+W

(1) This section applies where—

(a) an accountable person for an occupied regulated building makes a request to a relevant person for entry to relevant premises,

(b) the request is made for a purpose mentioned in subsection (2),

(c) the request complies with subsection (3), and

(d) entry to the premises is not given.

(2) The purposes are—

(a) enabling the accountable person to determine whether there is or has been a contravention of—

(i) section 54(2) (fire safety duties of residents etc. of regulated buildings);

(ii) section 55(2) (structural safety duties of residents etc. of category 1 and category 2 buildings);

(b) enabling the accountable person to determine whether there has been compliance with section 56 (repair of fire resistance of residential units);

(c) where the accountable person is the principal accountable person for the building, enabling that person to comply with sections 29 to 32 or regulations made under those sections (assessment of fire safety risks relating to regulated buildings);

(d) enabling the accountable person to comply with section 33 or regulations made under it (management of fire safety risks relating to regulated buildings);

(e) enabling the accountable person to comply with section 34 or 35 or regulations made under those sections (assessment and management of structural safety risks relating to category 1 and category 2 buildings);

(f) enabling a person who is treated as an accountable person by virtue of section 36 to comply with section 33 or 35 or regulations made under those sections.

(3) A request complies with this subsection if it—

(a) is in writing,

(b) sets out the purpose for which it is made,

(c) explains why it is necessary to enter the relevant premises for that purpose,

(d) sets out the name of the person who is treated as an accountable person if made for the purpose mentioned in subsection (2)(f),

(e) requests entry on a date, and at a time, that is reasonable, and

(f) is given to the relevant person at least 48 hours before then.

(4) The accountable person may apply to a residential property tribunal for an access order.

(5) But an accountable person may not apply for an access order unless that person has given to the building safety authority and the fire safety authority for the building a notice setting out the intention to apply for an access order in respect of the relevant person and the relevant premises (both of which must be specified in the notice).

(6) An access order is an order that—

(a) requires the relevant person to allow (as the case may be)—

(i) the accountable person, or a person authorised by the accountable person;

(ii) the person treated as an accountable person and named in the request under subsection (3)(d), or a person authorised by that person,

to enter the relevant premises at a reasonable time for the purpose set out in the request under subsection (3)(b), and

(b) if necessary for that purpose, authorises the person entering the premises in accordance with the order to measure or test anything, or take samples, photographs or recordings.

(7) A residential property tribunal may make an access order if satisfied that it is necessary to do so for the purpose set out in the request under subsection (3)(b).

(8) The access order must specify a date on which, or a period within which, entry to the premises may be made.

(9) In this section—

• “relevant person” (“person perthnasol”) means—

  (a)

  in relation to a residential unit—

  (i)

  an adult resident of the unit, or

  (ii)

  if there is no such resident, any person who has control over entry to the unit;

  (b)

  in relation to a part of a residential unit—

  (i)

  an adult resident of the unit who has control over entry to the part, or

  (ii)

  if there is no such resident, any person who has control over entry to the part;

  (c)

  in relation to an area that is provided for the exclusive use, benefit or enjoyment of the residents of a particular residential unit, or particular residential units—

  (i)

  an adult resident of the unit or units, or

  (ii)

  if there is no such resident, any person who has control over entry to the area;

• “relevant premises” (“mangre perthnasol”) means—

  (a)

  in relation to a request made for the purpose mentioned in subsection (2)(b)—

  (i)

  if the request is made by a principal accountable person, a residential unit, or a part of a residential unit, in the building;

  (ii)

  if the request is made by any other accountable person, a residential unit, or a part of a residential unit, in the part of the building for which the accountable person is responsible;

  (b)

  in relation to a request made by a principal accountable person for the purpose mentioned in subsection (2)(c)—

  (i)

  a residential unit in the building;

  (ii)

  a part of a residential unit in the building;

  (iii)

  an area of the building that is provided for the exclusive use, benefit or enjoyment of the residents of a particular residential unit, or particular residential units, in the building;

  (c)

  in relation to a request made by an accountable person for any other purpose mentioned in subsection (2)—

  (i)

  a residential unit in the part of the building for which the accountable person is responsible;

  (ii)

  a part of a residential unit in the part of the building for which the accountable person is responsible;

  (iii)

  an area of the part of the building for which the accountable person is responsible that is provided for the exclusive use, benefit or enjoyment of the residents of a particular residential unit, or particular residential units, in the building.

Commencement Information

I1 S. 58 not in force at Royal Assent, see s. 138(2)