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Building Safety (Wales) Act 2026
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This version of this provision is prospective.
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Changes to legislation:
Building Safety (Wales) Act 2026, Section 96 is up to date with all changes known to be in force on or before 10 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 96:
- s. 96 coming into force by 2026 asc 5 s. 138(2)
Prospective
96Power of enforcing authority to give compliance noticeE+W
This section has no associated Explanatory Notes
(1)An enforcing authority may give a compliance notice to any person it considers—
(a)has contravened a requirement that the authority has the function of enforcing,
(b)is contravening such a requirement, or
(c)is likely to contravene such a requirement.
(2)A compliance notice is a notice requiring the person, within a period specified in the notice, to do any or all of the following—
(a)remedy the contravention or the matters giving rise to it;
(b)take specified steps relating to remedying the contravention;
(c)take specified steps relating to avoiding the contravention occurring.
(3)If the enforcing authority considers that the contravention has placed or will place relevant people in imminent danger, the notice may state that it is an “urgent action notice” for the purposes of section 97.
(4)Where an enforcing authority gives a compliance notice to a person, it must at the same time give to the person a statement that—
(a)summarises the requirements of the notice,
(b)explains the consequences of failing to comply with the notice, and
(c)includes information about the right of appeal under section 97.
(5)Where a building safety authority gives a compliance notice in relation to a regulated building, it must ensure the following are informed—
(a)any other county council or county borough council in Wales in whose area any part of the building is situated;
(b)the fire safety authority for the building;
(c)the Welsh Ministers, if the principal accountable person for the building is a registered social landlord;
(d)any other person specified in regulations made by the Welsh Ministers.
(6)Where a fire safety authority gives a compliance notice in relation to a regulated building or a relevant HMO, it must ensure the following are informed—
(a)the building safety authority for the building and any other county council or county borough council in Wales in whose area any part of the building is situated, if the notice relates to a regulated building or a relevant HMO that is contained in a regulated building;
(b)the Welsh Ministers, if the principal accountable person for the building or the landlord of the relevant HMO is a registered social landlord;
(c)any other person specified in regulations made by the Welsh Ministers.
(7)A failure to comply with subsection (5) or (6) does not affect the validity of the notice.
(8)An enforcing authority that has given a compliance notice to a person may withdraw the notice at any time by giving a further notice to the person.
(9)In subsection (3), “relevant people” means people in or about the regulated building or relevant HMO to which the contravention relates.
Commencement Information
I1S. 96 not in force at Royal Assent, see s. 138(2)
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