Building Safety (Wales) Act 2026

Prospective

83 Timing and review of HMO fire risk assessments E+W

(1) The first HMO fire risk assessment for a relevant HMO must be made no later than 6 months after the later of the following—

(a) the day on which the building, or part of a building, in question becomes occupied as a relevant HMO;

(b) the day on which this section comes into force.

(2) Further HMO fire risk assessments must be made as soon as possible after any of the following occur—

(a) works are carried out in relation to the relevant HMO, or there are changes in the occupation or use of any part of the relevant HMO, that require planning permission or building control approval;

(b) works are carried out‍ for the first time in relation to the relevant HMO to adapt any part of it to meet the needs of disabled residents (other than works carried out without the knowledge of the landlord inside a part of the relevant HMO that is provided for the use, benefit or enjoyment of a single household);

(c) a fire causes damage to any of the relevant parts of the relevant HMO (within the meaning given by section 79(7));

(d) the findings of a review under subsection (5) suggest that the current HMO fire risk assessment is no longer suitable and sufficient for the purpose mentioned in section 81(3);

(e) the landlord has any other reason to suspect that the current assessment is no longer suitable and sufficient for that purpose.

(3) But if any of the circumstances mentioned in subsection (2) occur at a time when the building, or part of a building, in question is not occupied as a relevant HMO, a further fire risk assessment must be made as soon as possible after the building or part again becomes occupied as a relevant HMO.

(4) If directed to do so by the fire safety authority for the relevant HMO, the landlord must ensure that a further HMO fire risk assessment is made within a period specified in the direction.

(5) The landlord must ensure that the current HMO fire risk assessment is reviewed at least once in every 12 months after the assessment was made.

Commencement Information

I1 S. 83 not in force at Royal Assent, see s. 138(2)