67Entry to non-residential premises by accountable person(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)

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);

(b)

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

(c)

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);

(d)

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)(d), and

(e)

requests entry on a date, and at a time, that is reasonable.

(4)

The accountable person may apply to a residential property tribunal for a non-residential premises access order under this section.

(5)

A non-residential premises access order under this section 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.

(6)

A residential property tribunal may make a non-residential premises access order under this section if satisfied that it is necessary to do so for the purpose set out in the request under subsection (3)(b).

(7)

The non-residential premises access order must specify a date on which, or a period within which, entry to the premises may be made.

(8)

In this section—

“relevant person” (“person perthnasol”) means any person who has control over entry to the relevant premises;

“relevant premises” (“mangre perthnasol”) means any premises that—

(a)

form part of—

(i)

the regulated building, or

(ii)

the same structure or set of structures as the regulated building (see sections 2 to 4) and are wholly or partly above or below the regulated building, and

(b)

are not—

(i)

a residential unit or part of a residential unit, or

(ii)

an area, or part of an area, provided for the use, benefit or enjoyment of residents of a particular residential unit, or particular residential units, in the regulated building, structure or set.