Building Safety Act 2022

1. Introductory Text

2. Part 1 Introduction

   1. 1. Overview of Act

3. Part 2 The regulator and its functions

   1. The regulator and its general functions

      1. 2. The building safety regulator

      2. 3. The regulator: objectives and regulatory principles

      3. 4. Duty to facilitate building safety: higher-risk buildings

      4. 5. Duty to keep safety and standard of buildings under review

      5. 6. Facilitating improvement in competence of industry and building inspectors

      6. 7. Proposals and consultation relating to regulations

      7. 8. Duty to establish system for giving of building safety information

   2. Committees

      1. 9. Building Advisory Committee

      2. 10. Committee on industry competence

      3. 11. Residents’ panel

      4. 12. Committees: power to amend or repeal

   3. Staffing etc

      1. 13. Local authorities and fire and rescue authorities: assistance etc to regulator

      2. 14. FSO authorised persons: assistance etc to regulator

      3. 15. Provision of assistance etc: supplementary

      4. 16. Guidance about the provision of assistance

   4. Plans and reports

      1. 17. Strategic plan

      2. 18. Revised strategic plans

      3. 19. Annual report about information provided under mandatory reporting requirements

      4. 20. Statement of regulator’s engagement with residents etc

      5. 21. Report on certain safety-related matters

   5. Enforcement

      1. 22. Authorised officers

      2. 23. Authorised officers: offences

      3. 24. Provision of false or misleading information to regulator

   6. Reviews and appeals

      1. 25. Review by regulator of certain decisions made by it

      2. 26. Right of appeal: requirement for review before appeal

   7. Supplementary and general

      1. 27. Cooperation and information sharing

      2. 28. Fees and charges

      3. 29. Service of documents

      4. 30. Interpretation of Part 2

4. Part 3 Building Act 1984

   1. Building control authorities and building regulations

      1. 31. Higher-risk buildings etc

      2. 32. Building control authorities

      3. 33. Building regulations

      4. 34. Dutyholders and general duties

      5. 35. Industry competence

      6. 36. Lapse of building control approval etc

      7. 37. Determination of certain applications by Secretary of State or Welsh Ministers

      8. 38. Compliance and stop notices

      9. 39. Breach of building regulations

      10. 40. Liability of officers of body corporate etc

      11. 41. Revocation etc of certain provision made under section 2(2) of ECA 1972

   2. Building control approvers and building inspectors

      1. 42. Regulation of building control profession

      2. 43. Transfer of approved inspectors’ functions to registered building control approvers

      3. 44. Functions exercisable only through, or with advice of, registered building inspectors

      4. 45. Default powers of appropriate national authority

      5. 46. Higher-risk building work: registered building control approvers

      6. 47. Higher-risk building work: public bodies

      7. 48. Insurance: removal of requirements

      8. 49. Plans certificates

      9. 50. Cancellation of initial notice

      10. 51. New initial notices

      11. 52. Information gathering

      12. 53. Information

   3. Miscellaneous and general

      1. 54. Functions under Part 3 of Building Act 1984

      2. 55. Minor and consequential amendments

      3. 56. Appeals

      4. 57. Fees and charges

      5. 58. Levy on applications for building control approval etc

      6. 59. Crown application

      7. 60. Application to Parliament

5. Part 4 Higher-risk buildings

   1. Introduction

      1. 61. Overview of Part

   2. Meaning of “building safety risk”

      1. 62. Meaning of “building safety risk”

      2. 63. Recommendations about regulations under section 62

      3. 64. Advice about regulations under section 62

   3. Meaning of “higher-risk building”

      1. 65. Meaning of “higher-risk building” etc

      2. 66. Regulations under section 65: procedure

      3. 67. Regulations under section 65: additional procedure in certain cases

      4. 68. Modification of Part in relation to certain kinds of higher-risk building

      5. 69. Recommendations about definition of “higher-risk building” etc

      6. 70. Advice about definition of “higher-risk building” etc

   4. Meaning of “accountable person” and other key definitions

      1. 71. Meaning of “occupied” higher-risk building etc

      2. 72. Meaning of “accountable person”

      3. 73. Meaning of “principal accountable person”

      4. 74. Part of building for which an accountable person is responsible

      5. 75. Determinations by the tribunal

   5. Registration and certificates

      1. 76. Requirement for completion certificate before occupation

      2. 77. Occupation: registration requirement

      3. 78. Registration of higher-risk buildings

      4. 79. Occupied building: duty to apply for building assessment certificate

      5. 80. Applications for building assessment certificates

      6. 81. Building assessment certificates

      7. 82. Duty to display building assessment certificate etc

   6. Duties relating to building safety risks

      1. 83. Assessment of building safety risks

      2. 84. Management of building safety risks

      3. 85. Safety case report

      4. 86. Notification and provision of report to the regulator

   7. Duties relating to information and documents

      1. 87. Mandatory reporting requirements

      2. 88. Keeping information about higher-risk buildings

      3. 89. Provision of information etc to the regulator, residents and other persons

      4. 90. Provision of information etc on change in accountable person

   8. Engagement with residents etc

      1. 91. Residents’ engagement strategy

      2. 92. Requests for further information

      3. 93. Complaints procedure operated by principal accountable person

      4. 94. Complaints procedure operated by the regulator

   9. Residents' etc duties

      1. 95. Duties on residents and owners

      2. 96. Contravention notices

      3. 97. Access to premises

   10. Enforcement

       1. 98. Duty on regulator to enforce Part

       2. 99. Compliance notices

       3. 100. Compliance notices: supplementary

       4. 101. Offence: contravention giving rise to risk of death and serious injury

   11. Special measures

       1. 102. Special measures

   12. Appeals etc

       1. 103. Appeals against compliance notice etc

       2. 104. Appeals against decisions of the regulator made under this Part

       3. 105. Appeals against decisions of the regulator made under regulations

       4. 106. Appeals: supplementary

       5. 107. Enforcement of decisions of the First-tier and Upper Tribunal

   13. Miscellaneous and general

       1. 108. Guidance

       2. 109. Cooperation and coordination

       3. 110. Managers appointed under Part 2 of the Landlord and Tenant Act 1987

       4. 111. Building safety directors of resident management companies

   14. Landlord and tenant etc

       1. 112. Implied terms in leases and recovery of safety related costs

       2. 113. Provision of building safety information

       3. 114. Commonholds

   15. Interpretation

       1. 115. Interpretation of Part 4

6. Part 5 Other provision about safety, standards etc

   1. Remediation of certain defects

      1. 116. Remediation of certain defects

      2. 117. Meaning of “relevant building”

      3. 118. Section 117: height of buildings and number of storeys

      4. 119. Meaning of “qualifying lease” and “the qualifying time”

      5. 119A. Meaning of “connected replacement lease”

      6. 120. Meaning of “relevant defect”

      7. 121. Associated persons

      8. 122. Remediation costs under qualifying leases etc

      9. 123. Remediation orders

      10. 124. Remediation contribution orders

      11. 125. Meeting remediation costs of insolvent landlord

   2. Building industry schemes

      1. 126. Building industry schemes

      2. 127. Building industry schemes: supplementary

   3. Prohibitions on development and building control

      1. 128. Prohibition on development for prescribed persons

      2. 129. Building control prohibitions

   4. Building liability orders

      1. 130. Building liability orders

      2. 131. Building liability orders: associates

      3. 132. Order for information in connection with building liability order

   5. Remediation and redress: other provisions

      1. 133. Service charges in respect of remediation works

      2. 134. Duties relating to work to dwellings etc

      3. 135. Limitation periods

   6. New homes ombudsman scheme

      1. 136. Establishment of the new homes ombudsman scheme

      2. 137. The new homes ombudsman scheme

      3. 138. “Relevant owner”, “new build home” and “developer”

      4. 139. Regulations under section 138

      5. 140. Power to require persons to join scheme and to provide information

      6. 141. Register of members

      7. 142. Developers’ code of practice

      8. 143. Amendment of the Government of Wales Act 2006

   7. New build home warranties

      1. 144. New build home warranties

      2. 145. New build home warranties: financial penalties

   8. Construction products

      1. 146. Construction products

   9. Liability relating to construction products

      1. 147. Liability relating to construction products: general definitions

      2. 148. Liability relating to construction products

      3. 149. Liability for past defaults relating to cladding products

      4. 150. Liability relating to construction products: limitation in England and Wales

      5. 151. Liability relating to construction products: limitation in Scotland

   10. Construction products: costs contribution orders

       1. 152. Costs contribution orders: general definitions

       2. 153. Costs contribution orders made by courts

       3. 154. Costs contribution orders made by the Secretary of State

       4. 155. Costs contribution orders: assessments

   11. Fire safety

       1. 156. Amendment of Regulatory Reform (Fire Safety) Order 2005

   12. Architects

       1. 157. Architects: discipline and continuing professional development

       2. 158. Architects: Appeals Committee

       3. 159. Architects Registration Board: fees and discharge of functions by a committee

   13. Housing complaints

       1. 160. Housing complaints made to a housing ombudsman

7. Part 6 General

   1. 161. Liability of officers of body corporate etc

   2. 162. Review of regulatory regime

   3. 163. Financial provisions

   4. 164. Crown application

   5. 165. Application to Parliament

   6. 166. Power of Secretary of State to make consequential provision

   7. 167. Power of Welsh Ministers to make consequential provision

   8. 168. Regulations

   9. 169. Extent

   10. 170. Commencement and transitional provision

   11. 171. Short title

8. Schedules

   1. Schedule 1

      Amendments of the Health and Safety at Work etc Act 1974

      1. 1. The Health and Safety at Work etc Act 1974 is...

      2. 2. (1) Section 11 (functions of the Executive) is amended as...

      3. 3. After section 11 insert— Powers of the Executive: buildings in...

      4. 4. In section 12(3) (control of the Executive) after “provisions” insert...

      5. 5. (1) Section 13 (powers of the Executive) is amended as...

      6. 6. In section 27 (information powers) after subsection (4) insert—

      7. 7. In section 53 (general interpretation) at the appropriate place insert—...

      8. 8. (1) Schedule 2 (constitution of the Executive) is amended as...

   2. Schedule 2

      Authorised officers: investigatory powers

      1. 1. Entry to non-domestic premises without warrant

      2. 2. Entry to non-domestic premises with warrant

      3. 3. Entry to domestic premises (with warrant)

      4. 4. Power to require information, documents etc

      5. 5. Retention of evidence etc

      6. 6. Offence of failing to provide information, documents etc

      7. 7. Interpretation

      8. 8. Saving for material subject to legal professional privilege

   3. Schedule 3

      Cooperation and information sharing

      1. 1. Interpretation

      2. 2. Local authorities, fire and rescue authorities etc

      3. 3. Ombudsmen

      4. 4. Secretary of State

      5. 5. Police

      6. 6. Public authorities

   4. Schedule 4

      Transfer of approved inspectors’ functions to registered building control approvers

      1. 1. The Building Act 1984 is amended as follows.

      2. 2. In section 42(1) (appeals) for “approved inspector” substitute “registered building...

      3. 3. In the heading before section 47, for “approved inspectors” substitute...

      4. 4. (1) Section 47 (giving and acceptance of initial notice) is...

      5. 5. Omit section 49 (approved inspectors).

      6. 6. In section 50(7) (plans certificates) for “approved inspector”, in both places...

      7. 7. In section 51(1) (final certificates)— (a) for “an approved inspector”...

      8. 8. In section 51A(2)(a)(ii) (variation of work) for “approved inspector” substitute...

      9. 9. In section 51C(2)(a) (change of person carrying out work) for...

      10. 10. (1) Section 52 (cancellation of initial notice) is amended as...

      11. 11. In section 56(5) (powers to require information) for “approved inspector”...

      12. 12. In section 57 (offences), for subsection (3) substitute—

      13. 13. In section 58(3) (construction of Part 2)—

      14. 14. In section 126 (general interpretation)— (a) omit the definition of...

   5. Schedule 5

      Minor and consequential amendments in connection with Part 3

      1. Part 1 Amendments of the Building Act 1984

         1. 1. The Building Act 1984 is amended as follows.

         2. 2. (1) Section 1 is amended as follows.

         3. 3. In section 1A(1) for “Secretary of State” substitute “appropriate national...

         4. 4. (1) Section 2 is amended as follows.

         5. 5. (1) Section 3 is amended as follows.

         6. 6. In section 4(1)(a)(i) for “Secretary of State” substitute “appropriate national...

         7. 7. In section 5(3)(b) omit “of building regulations”.

         8. 8. Omit section 5(4).

         9. 9. (1) Section 6 is amended as follows.

         10. 10. (1) Section 7 is amended as follows.

         11. 11. (1) Section 8 is amended as follows.

         12. 12. (1) Section 9 is amended as follows.

         13. 13. (1) Section 10 is amended as follows.

         14. 14. (1) Section 11 is amended as follows.

         15. 15. (1) Section 12 is amended as follows.

         16. 16. (1) Section 13 is amended as follows.

         17. 17. (1) Section 14 is amended as follows.

         18. 18. In section 15 after subsection (2) insert—

         19. 19. For the heading before section 16 substitute “Building control approval”....

         20. 20. Omit sections 16 and 17.

         21. 21. (1) Section 19 is amended as follows.

         22. 22. (1) Section 20 is amended as follows.

         23. 23. (1) Section 21 is amended as follows.

         24. 24. (1) Section 22 is amended as follows.

         25. 25. In section 23(3) for “local authority”, in both places it...

         26. 26. (1) Section 24 is amended as follows.

         27. 27. (1) Section 25 is amended as follows.

         28. 28. Omit section 31 (and the heading before it).

         29. 29. In the heading before section 32 for “deposit of plans”...

         30. 30. (1) Section 33 is amended as follows.

         31. 31. Omit section 35A.

         32. 32. (1) Section 36 is amended as follows.

         33. 33. In section 37(1) for “local authority”, in each place it...

         34. 34. In section 39(1) and (2) for “local authority”, in each...

         35. 35. In section 40(2), (3) and (6) for “local authority”, in...

         36. 36. In section 41(1)(a) for the words from “under this” to...

         37. 37. In section 42(1) for “local authority”, in both places it...

         38. 38. Omit sections 44 and 45 (and the heading before section...

         39. 39. In the heading of Part 2 for “LOCAL AUTHORITIES” substitute...

         40. 40. (1) Section 47 is amended as follows.

         41. 41. (1) Section 48 is amended as follows.

         42. 42. (1) Section 51A is amended as follows.

         43. 43. In section 51B(1)— (a) in paragraph (a) for “deposit of...

         44. 44. (1) Section 52 is amended as follows.

         45. 45. In section 53 omit subsections (6) and (6A).

         46. 46. (1) Section 54 is amended as follows.

         47. 47. In section 56(3) for the words from “, public body’s...

         48. 48. (1) Section 57 is amended as follows.

         49. 49. Omit section 58(2).

         50. 50. In section 68(8)(b) for “Secretary of State” substitute “appropriate national...

         51. 51. In section 78(7)(b) omit “and (3) below”.

         52. 52. In section 86(1)(a) for the words from “under this” to...

         53. 53. In section 90(2) for “Secretary of State” substitute “appropriate national...

         54. 54. In the italic heading before section 91 at the end...

         55. 55. (1) Section 91A is amended as follows.

         56. 56. After section 91A insert— Cooperation and the sharing of information:...

         57. 57. (1) Section 92 is amended as follows.

         58. 58. (1) Section 94 is amended as follows.

         59. 59. Omit section 94A.

         60. 60. In section 95 after subsection (2) insert—

         61. 61. In section 97 after “authority” insert “or the regulator”.

         62. 62. In section 99(2)(a) after “authority” insert “or the regulator (as...

         63. 63. (1) Section 100 is amended as follows.

         64. 64. (1) Section 101 is amended as follows.

         65. 65. In section 102(3)(b)(ii) after “authority” insert “or the regulator”.

         66. 66. (1) Section 104 is amended as follows.

         67. 67. (1) Section 106 is amended as follows.

         68. 68. (1) Section 107 is amended as follows.

         69. 69. (1) Section 108 is amended as follows.

         70. 70. (1) Section 110 is amended as follows.

         71. 71. In section 111 for “Secretary of State” substitute “appropriate national...

         72. 72. (1) Section 112 is amended as follows.

         73. 73. In section 113(b) after “authority” insert “, the regulator, the...

         74. 74. (1) Section 119 is amended as follows.

         75. 75. In the italic heading before section 120 at the end...

         76. 76. (1) Section 120 is amended as follows.

         77. 77. After section 120 insert— Regulations (1) This section applies to regulations under section 54A, 55,...

         78. 78. (1) Section 121 is amended as follows.

         79. 79. Omit section 124.

         80. 80. After section 125 insert— Meaning of work (1) In the relevant provisions references to work include a...

         81. 81. (1) Section 126 is amended as follows.

         82. 82. In section 134 after subsection (1) insert—

         83. 83. (1) Schedule 1 is amended as follows.

         84. 84. (1) Schedule 2 is amended as follows.

         85. 85. In Schedule 3, in paragraph 4 for “section 14(3)” substitute...

         86. 86. In Schedule 4, in paragraph 4 omit sub-paragraph (6).

      2. Part 2 Other amendments

         1. 87. Parliamentary Commissioner Act 1967 (c. 13)

         2. 88. Freedom of Information Act 2000 (c. 36)

         3. 89. Sustainable and Secure Buildings Act 2004 (c. 22)

         4. 90. The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)

   6. Schedule 6

      Appeals and other determinations

      1. 1. Introduction

      2. 2. Transfer from Secretary of State to the regulator

      3. 3. (1) Section 20 (use of materials unsuitable for permanent building)...

      4. 4. (1) Section 39 (appeal against refusal to relax building regulations)...

      5. 5. (1) Section 42 (appeal and statement of case to High...

      6. 6. Omit section 43 (procedure on appeal to Secretary of State...

      7. 7. After that section insert— Appeals under sections 20, 39 and...

      8. 8. In section 50 (plans certificates) for subsections (2) and (3)...

      9. 9. Transfer from magistrates’ court to the tribunal: England

      10. 10. In section 7(2)(b) after “court” insert “or tribunal”.

      11. 11. In section 25(5) after “the court”, in both places it...

      12. 12. In section 33(6) after “the court”, in both places it...

      13. 13. In section 37(3) for “a court” substitute “the appropriate court...

      14. 14. In section 40 after “the court”, in each place it...

      15. 15. In section 55(2) after “court” insert “or tribunal”.

      16. 16. In section 62(2) after “the court” insert “or tribunal”.

      17. 17. In section 64(5)(b) after “court” insert “or tribunal”.

      18. 18. In section 70(4)(b) after “court” insert “or tribunal”.

      19. 19. In section 75(2) after “court” insert “or tribunal”.

      20. 20. In section 77(1) after “court” insert “or tribunal”.

      21. 21. In section 78(7)(b) after “court” insert “or tribunal”.

      22. 22. In section 83(3)(b) after “court” insert “or tribunal”.

      23. 23. In section 98— (a) for “a complaint” substitute “an application...

      24. 24. In section 102(2), (3) and (4) after “court”, in each...

      25. 25. (1) Section 103 is amended as follows.

      26. 26. In section 104 after “court”, in both places it occurs,...

      27. 27. In section 105 after “court” insert “or tribunal”.

      28. 28. In Schedule 2 in paragraph 2(b) after “court” insert “or...

      29. 29. Enforcement

      30. 30. Appeal: local authority decision not to consider application etc

   7. Schedule 7

      Special measures

      1. 1. Introductory

      2. 2. Notification by regulator before applying for special measures order

      3. 3. Meaning of “financial management proposal”

      4. 4. Special measures order

      5. 5. Special measures order: supplementary

      6. 6. Payments received by special measures manager to be held on trust

      7. 7. Effect of special measures order on relevant contracts and legal proceedings

      8. 8. Special measures orders and orders under section 24 of the Landlord and Tenant Act 1987

      9. 9. (1) The Landlord and Tenant Act 1987 is amended as...

      10. 10. Provision of financial assistance by regulator

      11. 11. Special measures order: further directions

      12. 12. Regulator to keep certain matters under review

      13. 13. Notification by regulator before applying to vary special measures order

      14. 14. Variation or discharge of special measures order

      15. 15. Notifications about special measures order

      16. 16. Special measures order: change in accountable person etc

      17. 17. Interpretation

   8. Schedule 8

      Remediation costs under qualifying leases etc

      1. 1. Interpretation

      2. 2. No service charge payable for defect for which landlord or associate responsible

      3. 3. No service charge payable if landlord meets contribution condition

      4. 4. No service charge payable where lease below certain value

      5. 5. Limit on service charge in other cases

      6. 6. Paragraph 5: the permitted maximum

      7. 7. Annual limit on service charges

      8. 8. No service charge payable for cladding remediation

      9. 9. No service charge payable for legal or professional services relating to liability for relevant defects

      10. 10. Paragraphs 2 to 4, 8 and 9: supplementary

      11. 11. No increase in service charge for other tenants

      12. 12. Recovery of service charge amounts from landlords

      13. 13. Presumption: qualifying lease

      14. 14. Presumptions relating to landlord under qualifying lease

      15. 15. Information from tenants

      16. 16. Information from landlords

      17. 17. In section 21 of the Landlord and Tenant Act 1985...

      18. 18. Anti-avoidance

   9. Schedule 9

      The new homes ombudsman scheme

      1. 1. Appointment of the new homes ombudsman

      2. 2. Membership

      3. 3. The scheme may provide for different categories of member and...

      4. 4. Fees

      5. 5. Where a scheme is maintained by a person other than—...

      6. 6. Complaints under the scheme: subject matter and procedure

      7. 7. The provision mentioned in paragraph 6(b)— (a) must not include...

      8. 8. Complaints under the scheme: investigation and determination

      9. 9. The forms of redress are— (a) paying compensation;

      10. 10. Enforcement of determinations

      11. 11. Making of recommendations

      12. 12. Predecessor schemes

      13. 13. Complaints about the scheme

      14. 14. Co-operation

      15. 15. Provision of information

      16. 16. Reports

   10. Schedule 10

       Amendments in connection with the new homes ombudsman scheme

       1. 1. The Local Government Act 1974 is amended in accordance with...

       2. 2. (1) Section 33 (consultation between Local Commissioner and other Commissioners...

       3. 3. (1) Section 33ZA (collaborative working between Local Commissioners and others)...

       4. 4. In section 33ZB (arrangements for provision of administrative and other...

       5. 5. (1) Paragraph 10A of Schedule 2 to the Housing Act...

       6. 6. (1) The Public Services Ombudsman (Wales) Act 2019 (anaw 3)...

   11. Schedule 11

       Construction products regulations

       1. 1. Introductory

       2. 2. General safety requirements

       3. 3. Construction products with designated standards or technical assessments

       4. 4. (1) Provision under paragraph 3(a) (designated standards) may include provision—...

       5. 5. (1) Provision under paragraph 3(b) (technical assessments) may include provision...

       6. 6. Construction products regulations may— (a) impose requirements on persons carrying...

       7. 7. (1) Provision under paragraph 6(a) (imposition of requirements) may include...

       8. 8. (1) Provision under paragraph 6(b) (conferral of powers) may include...

       9. 9. Construction products regulations may include any provision—

       10. 10. Safety-critical products

       11. 11. (1) Construction products regulations may make provision for and in...

       12. 12. Construction products regulations may— (a) impose requirements on persons carrying...

       13. 13. Provision under paragraph 12(a) (imposition of requirements) may include any...

       14. 14. (1) Provision under paragraph 12(b) (conferral of powers) may include...

       15. 15. Enforcement

       16. 16. Costs

       17. 17. Information

       18. 18. (1) Construction products regulations may make provision for and in...

       19. 19. (1) Construction products regulations may make provision prohibiting the disclosure...

       20. 20. General and supplementary

       21. 21. (1) Construction products regulations may make provision by repealing, amending...

       22. 22. (1) Where construction products regulations contain provision creating a criminal...

       23. 23. Procedure

       24. 24. Interpretation