59Power of accountable person to give warning notice: fire and structural safety duty of residents etc.(1)

In any of cases 1 to 4 an accountable person for a regulated building may give a warning notice under this section to—

(a)

a person to whom section 54 (fire safety duties of residents etc. of regulated buildings) applies;

(b)

a person to whom section 55 (structural safety duties of residents etc. of category 1 and category 2 buildings) applies.

(2)

Case 1 is where—

(a)

the accountable person considers that the person has contravened, or is contravening, a requirement imposed on the person by section 54(2)(a) or 55(2)(a) in relation to any of the common parts of the building, and

(b)

either of the following is the case—

(i)

the accountable person is responsible for the part of the building containing the common parts in question, or

(ii)

the accountable person is the principal accountable person for the building.

(3)

Case 2 is where—

(a)

the accountable person considers that the person has contravened, or is contravening, a requirement imposed on that person by section 54(2)(b) or 55(2)(b) in relation to a residential unit in the building, and

(b)

either of the following is the case—

(i)

the accountable person is responsible for the part of the building containing the residential unit in question, or

(ii)

the accountable person is the principal accountable person for the building.

(4)

Case 3 is where—

(a)

the accountable person considers that the person has contravened, or is contravening, a requirement imposed on the person by section 54(2)(c) in relation to a thing that is in or forms part of any of the common parts of the building, and

(b)

either of the following is the case—

(i)

the accountable person is responsible for the part of the building containing the common parts in question, or

(ii)

the accountable person is the principal accountable person for the building.

(5)

Case 4 is where the accountable person considers that the person has failed to comply with a request for information made by the accountable person in accordance with section 54(4) or 55(4).

(6)

A warning notice under this section is a notice that—

(a)

specifies the alleged contravention or failure,

(b)

specifies any reasonable steps (which may include the provision of information) that the accountable person considers the person should take, within a reasonable period specified in the notice, to remedy the contravention or failure,

(c)

specifies any act that the accountable person considers the person should not do, to avoid repeating or continuing the contravention or failure, and

(d)

explains—

(i)

that if the person does not comply with the notice the accountable person may apply under section 61 for a contravention order, and

(ii)

the effect of such an order.

(7)

The steps specified under subsection (6)(b) in a warning notice given in case 3 may include payment of a sum if—

(a)

the accountable person considers it necessary, as a result of the alleged contravention, to repair or replace the thing that was removed, damaged or interfered with, and

(b)

the sum specified in the notice does not exceed the reasonable cost of doing so.

(8)

Where an accountable person for a building gives a warning notice under this section, the accountable person must ensure that any other person who is an accountable person for the building is informed as soon as reasonably practicable.

(9)

In subsection (2) “common parts” has the meaning given by section 54(3).‍