Building Safety Act 2022
Part 1Introduction
1Overview of Act
Part 2The regulator and its functions
The regulator and its general functions
2The building safety regulator
3The regulator: objectives and regulatory principles
4Duty to facilitate building safety: higher-risk buildings
5Duty to keep safety and standard of buildings under review
6Facilitating improvement in competence of industry and building inspectors
7Proposals and consultation relating to regulations
8Duty to establish system for giving of building safety information
Committees
9Building Advisory Committee
10Committee on industry competence
11Residents’ panel
12Committees: power to amend or repeal
Staffing etc
13Local authorities and fire and rescue authorities: assistance etc to regulator
14FSO authorised persons: assistance etc to regulator
15Provision of assistance etc: supplementary
16Guidance about the provision of assistance
Plans and reports
17Strategic plan
18Revised strategic plans
19Annual report about information provided under mandatory reporting requirements
20Statement of regulator’s engagement with residents etc
21Report on certain safety-related matters
Enforcement
22Authorised officers
23Authorised officers: offences
24Provision of false or misleading information to regulator
Reviews and appeals
25Review by regulator of certain decisions made by it
26Right of appeal: requirement for review before appeal
Supplementary and general
27Cooperation and information sharing
28Fees and charges
29Service of documents
30Interpretation of Part 2
Part 3Building Act 1984
Building control authorities and building regulations
31Higher-risk buildings etc
32Building control authorities
33Building regulations
34Dutyholders and general duties
35Industry competence
36Lapse of building control approval etc
37Determination of certain applications by Secretary of State or Welsh Ministers
38Compliance and stop notices
39Breach of building regulations
40Liability of officers of body corporate etc
41Revocation etc of certain provision made under section 2(2) of ECA 1972
Building control approvers and building inspectors
42Regulation of building control profession
43Transfer of approved inspectors’ functions to registered building control approvers
44Functions exercisable only through, or with advice of, registered building inspectors
45Default powers of appropriate national authority
46Higher-risk building work: registered building control approvers
47Higher-risk building work: public bodies
48Insurance: removal of requirements
49Plans certificates
50Cancellation of initial notice
51New initial notices
52Information gathering
53Information
Miscellaneous and general
54Functions under Part 3 of Building Act 1984
55Minor and consequential amendments
56Appeals
57Fees and charges
58Levy on applications for building control approval etc
59Crown application
60Application to Parliament
Part 4Higher-risk buildings
Introduction
61Overview of Part
Meaning of “building safety risk”
62Meaning of “building safety risk”
63Recommendations about regulations under section 62
64Advice about regulations under section 62
Meaning of “higher-risk building”
65Meaning of “higher-risk building” etc
66Regulations under section 65: procedure
67Regulations under section 65: additional procedure in certain cases
68Modification of Part in relation to certain kinds of higher-risk building
69Recommendations about definition of “higher-risk building” etc
70Advice about definition of “higher-risk building” etc
Meaning of “accountable person” and other key definitions
71Meaning of “occupied” higher-risk building etc
72Meaning of “accountable person”
73Meaning of “principal accountable person”
74Part of building for which an accountable person is responsible
75Determinations by the tribunal
Registration and certificates
76Requirement for completion certificate before occupation
77Occupation: registration requirement
78Registration of higher-risk buildings
79Occupied building: duty to apply for building assessment certificate
80Applications for building assessment certificates
81Building assessment certificates
82Duty to display building assessment certificate etc
Duties relating to building safety risks
83Assessment of building safety risks
84Management of building safety risks
85Safety case report
86Notification and provision of report to the regulator
Duties relating to information and documents
87Mandatory reporting requirements
88Keeping information about higher-risk buildings
89Provision of information etc to the regulator, residents and other persons
90Provision of information etc on change in accountable person
Engagement with residents etc
91Residents’ engagement strategy
92Requests for further information
93Complaints procedure operated by principal accountable person
94Complaints procedure operated by the regulator
Residents' etc duties
95Duties on residents and owners
96Contravention notices
97Access to premises
Enforcement
98Duty on regulator to enforce Part
99Compliance notices
100Compliance notices: supplementary
101Offence: contravention giving rise to risk of death and serious injury
Special measures
102Special measures
Appeals etc
103Appeals against compliance notice etc
104Appeals against decisions of the regulator made under this Part
105Appeals against decisions of the regulator made under regulations
106Appeals: supplementary
107Enforcement of decisions of the First-tier and Upper Tribunal
Miscellaneous and general
108Guidance
109Cooperation and coordination
110Managers appointed under Part 2 of the Landlord and Tenant Act 1987
111Building safety directors of resident management companies
Landlord and tenant etc
112Implied terms in leases and recovery of safety related costs
113Provision of building safety information
114Commonholds
Interpretation
115Interpretation of Part 4
Part 5Other provision about safety, standards etc
Remediation of certain defects
116Remediation of certain defects
117Meaning of “relevant building”
118Section 117: height of buildings and number of storeys
119Meaning of “qualifying lease” and “the qualifying time”
120Meaning of “relevant defect”
121Associated persons
122Remediation costs under qualifying leases etc
123Remediation orders
124Remediation contribution orders
125Meeting remediation costs of insolvent landlord
Building industry schemes
126Building industry schemes
127Building industry schemes: supplementary
Prohibitions on development and building control
128Prohibition on development for prescribed persons
129Building control prohibitions
Building liability orders
130Building liability orders
131Building liability orders: associates
132Order for information in connection with building liability order
Remediation and redress: other provisions
133Service charges in respect of remediation works
134Duties relating to work to dwellings etc
135Limitation periods
New homes ombudsman scheme
136Establishment of the new homes ombudsman scheme
137The new homes ombudsman scheme
138“Relevant owner”, “new build home” and “developer”
139Regulations under section 138
140Power to require persons to join scheme and to provide information
141Register of members
142Developers’ code of practice
143Amendment of the Government of Wales Act 2006
New build home warranties
144New build home warranties
145New build home warranties: financial penalties
Construction products
146Construction products
Liability relating to construction products
147Liability relating to construction products: general definitions
148Liability relating to construction products
149Liability for past defaults relating to cladding products
150Liability relating to construction products: limitation in England and Wales
151Liability relating to construction products: limitation in Scotland
Construction products: costs contribution orders
152Costs contribution orders: general definitions
153Costs contribution orders made by courts
154Costs contribution orders made by the Secretary of State
155Costs contribution orders: assessments
Fire safety
156Amendment of Regulatory Reform (Fire Safety) Order 2005
Architects
157Architects: discipline and continuing professional development
158Architects: Appeals Committee
159Architects Registration Board: fees and discharge of functions by a committee
Housing complaints
160Housing complaints made to a housing ombudsman
Part 6General
161Liability of officers of body corporate etc
162Review of regulatory regime
163Financial provisions
164Crown application
165Application to Parliament
166Power of Secretary of State to make consequential provision
167Power of Welsh Ministers to make consequential provision
168Regulations
169Extent
170Commencement and transitional provision
171Short title
Schedules
Schedule 1Amendments of the Health and Safety at Work etc Act 1974
1The Health and Safety at Work etc Act 1974 is...
2(1) Section 11 (functions of the Executive) is amended as...
3After section 11 insert— Powers of the Executive: buildings in...
4In section 12(3) (control of the Executive) after “provisions” insert...
5(1) Section 13 (powers of the Executive) is amended as...
6In section 27 (information powers) after subsection (4) insert—
7In section 53 (general interpretation) at the appropriate place insert—...
8(1) Schedule 2 (constitution of the Executive) is amended as...
Schedule 2Authorised officers: investigatory powers
1Entry to non-domestic premises without warrant
2Entry to non-domestic premises with warrant
3Entry to domestic premises (with warrant)
4Power to require information, documents etc
5Retention of evidence etc
6Offence of failing to provide information, documents etc
7Interpretation
8Saving for material subject to legal professional privilege
Schedule 3Cooperation and information sharing
1Interpretation
2Local authorities, fire and rescue authorities etc
3Ombudsmen
4Secretary of State
5Police
6Public authorities
Schedule 4Transfer of approved inspectors’ functions to registered building control approvers
1The Building Act 1984 is amended as follows.
2In section 42(1) (appeals) for “approved inspector” substitute “registered building...
3In the heading before section 47, for “approved inspectors” substitute...
4(1) Section 47 (giving and acceptance of initial notice) is...
5Omit section 49 (approved inspectors).
6In section 50(7) (plans certificates) for “approved inspector”, in both places...
7In section 51(1) (final certificates)— (a) for “an approved inspector”...
8In section 51A(2)(a)(ii) (variation of work) for “approved inspector” substitute...
9In section 51C(2)(a) (change of person carrying out work) for...
10(1) Section 52 (cancellation of initial notice) is amended as...
11In section 56(5) (powers to require information) for “approved inspector”...
12In section 57 (offences), for subsection (3) substitute—
13In section 58(3) (construction of Part 2)—
14In section 126 (general interpretation)— (a) omit the definition of...
Schedule 5Minor and consequential amendments in connection with Part 3
Part 1Amendments of the Building Act 1984
1The Building Act 1984 is amended as follows.
2(1) Section 1 is amended as follows.
3In section 1A(1) for “Secretary of State” substitute “appropriate national...
4(1) Section 2 is amended as follows.
5(1) Section 3 is amended as follows.
6In section 4(1)(a)(i) for “Secretary of State” substitute “appropriate national...
7In section 5(3)(b) omit “of building regulations”.
8Omit section 5(4).
9(1) Section 6 is amended as follows.
10(1) Section 7 is amended as follows.
11(1) Section 8 is amended as follows.
12(1) Section 9 is amended as follows.
13(1) Section 10 is amended as follows.
14(1) Section 11 is amended as follows.
15(1) Section 12 is amended as follows.
16(1) Section 13 is amended as follows.
17(1) Section 14 is amended as follows.
18In section 15 after subsection (2) insert—
19For the heading before section 16 substitute “Building control approval”....
20Omit sections 16 and 17.
21(1) Section 19 is amended as follows.
22(1) Section 20 is amended as follows.
23(1) Section 21 is amended as follows.
24(1) Section 22 is amended as follows.
25In section 23(3) for “local authority”, in both places it...
26(1) Section 24 is amended as follows.
27(1) Section 25 is amended as follows.
28Omit section 31 (and the heading before it).
29In the heading before section 32 for “deposit of plans”...
30(1) Section 33 is amended as follows.
31Omit section 35A.
32(1) Section 36 is amended as follows.
33In section 37(1) for “local authority”, in each place it...
34In section 39(1) and (2) for “local authority”, in each...
35In section 40(2), (3) and (6) for “local authority”, in...
36In section 41(1)(a) for the words from “under this” to...
37In section 42(1) for “local authority”, in both places it...
38Omit sections 44 and 45 (and the heading before section...
39In the heading of Part 2 for “LOCAL AUTHORITIES” substitute...
40(1) Section 47 is amended as follows.
41(1) Section 48 is amended as follows.
42(1) Section 51A is amended as follows.
43In section 51B(1)— (a) in paragraph (a) for “deposit of...
44(1) Section 52 is amended as follows.
45In section 53 omit subsections (6) and (6A).
46(1) Section 54 is amended as follows.
47In section 56(3) for the words from “, public body’s...
48(1) Section 57 is amended as follows.
49Omit section 58(2).
50In section 68(8)(b) for “Secretary of State” substitute “appropriate national...
51In section 78(7)(b) omit “and (3) below”.
52In section 86(1)(a) for the words from “under this” to...
53In section 90(2) for “Secretary of State” substitute “appropriate national...
54In the italic heading before section 91 at the end...
55(1) Section 91A is amended as follows.
56After section 91A insert— Cooperation and the sharing of information:...
57(1) Section 92 is amended as follows.
58(1) Section 94 is amended as follows.
59Omit section 94A.
60In section 95 after subsection (2) insert—
61In section 97 after “authority” insert “or the regulator”.
62In section 99(2)(a) after “authority” insert “or the regulator (as...
63(1) Section 100 is amended as follows.
64(1) Section 101 is amended as follows.
65In section 102(3)(b)(ii) after “authority” insert “or the regulator”.
66(1) Section 104 is amended as follows.
67(1) Section 106 is amended as follows.
68(1) Section 107 is amended as follows.
69(1) Section 108 is amended as follows.
70(1) Section 110 is amended as follows.
71In section 111 for “Secretary of State” substitute “appropriate national...
72(1) Section 112 is amended as follows.
73In section 113(b) after “authority” insert “, the regulator, the...
74(1) Section 119 is amended as follows.
75In the italic heading before section 120 at the end...
76(1) Section 120 is amended as follows.
77After section 120 insert— Regulations (1) This section applies to regulations under section 54A, 55,...
78(1) Section 121 is amended as follows.
79Omit section 124.
80After section 125 insert— Meaning of work (1) In the relevant provisions references to work include a...
81(1) Section 126 is amended as follows.
82In section 134 after subsection (1) insert—
83(1) Schedule 1 is amended as follows.
84(1) Schedule 2 is amended as follows.
85In Schedule 3, in paragraph 4 for “section 14(3)” substitute...
86In Schedule 4, in paragraph 4 omit sub-paragraph (6).
Part 2Other amendments
87Parliamentary Commissioner Act 1967 (c. 13)
88Freedom of Information Act 2000 (c. 36)
89Sustainable and Secure Buildings Act 2004 (c. 22)
90The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)
Schedule 6Appeals and other determinations
1Introduction
2Transfer from Secretary of State to the regulator
3(1) Section 20 (use of materials unsuitable for permanent building)...
4(1) Section 39 (appeal against refusal to relax building regulations)...
5(1) Section 42 (appeal and statement of case to High...
6Omit section 43 (procedure on appeal to Secretary of State...
7After that section insert— Appeals under sections 20, 39 and...
8In section 50 (plans certificates) for subsections (2) and (3)...
9Transfer from magistrates’ court to the tribunal: England
10In section 7(2)(b) after “court” insert “or tribunal”.
11In section 25(5) after “the court”, in both places it...
12In section 33(6) after “the court”, in both places it...
13In section 37(3) for “a court” substitute “the appropriate court...
14In section 40 after “the court”, in each place it...
15In section 55(2) after “court” insert “or tribunal”.
16In section 62(2) after “the court” insert “or tribunal”.
17In section 64(5)(b) after “court” insert “or tribunal”.
18In section 70(4)(b) after “court” insert “or tribunal”.
19In section 75(2) after “court” insert “or tribunal”.
20In section 77(1) after “court” insert “or tribunal”.
21In section 78(7)(b) after “court” insert “or tribunal”.
22In section 83(3)(b) after “court” insert “or tribunal”.
23In section 98— (a) for “a complaint” substitute “an application...
24In section 102(2), (3) and (4) after “court”, in each...
25(1) Section 103 is amended as follows.
26In section 104 after “court”, in both places it occurs,...
27In section 105 after “court” insert “or tribunal”.
28In Schedule 2 in paragraph 2(b) after “court” insert “or...
29Enforcement
30Appeal: local authority decision not to consider application etc
Schedule 7Special measures
1Introductory
2Notification by regulator before applying for special measures order
3Meaning of “financial management proposal”
4Special measures order
5Special measures order: supplementary
6Payments received by special measures manager to be held on trust
7Effect of special measures order on relevant contracts and legal proceedings
8Special measures orders and orders under section 24 of the Landlord and Tenant Act 1987
9(1) The Landlord and Tenant Act 1987 is amended as...
10Provision of financial assistance by regulator
11Special measures order: further directions
12Regulator to keep certain matters under review
13Notification by regulator before applying to vary special measures order
14Variation or discharge of special measures order
15Notifications about special measures order
16Special measures order: change in accountable person etc
17Interpretation
Schedule 8Remediation costs under qualifying leases etc
1Interpretation
2No service charge payable for defect for which landlord or associate responsible
3No service charge payable if landlord meets contribution condition
4No service charge payable where lease below certain value
5Limit on service charge in other cases
6 Paragraph 5: the permitted maximum
7Annual limit on service charges
8No service charge payable for cladding remediation
9No service charge payable for legal or professional services relating to liability for relevant defects
10Paragraphs 2 to 4, 8 and 9: supplementary
11No increase in service charge for other tenants
12Recovery of service charge amounts from landlords
13Presumption: qualifying lease
14Presumptions relating to landlord under qualifying lease
15Information from tenants
16Information from landlords
17In section 21 of the Landlord and Tenant Act 1985...
18Anti-avoidance
Schedule 9The new homes ombudsman scheme
1Appointment of the new homes ombudsman
2Membership
3The scheme may provide for different categories of member and...
4Fees
5Where a scheme is maintained by a person other than—...
6Complaints under the scheme: subject matter and procedure
7The provision mentioned in paragraph 6(b)— (a) must not include...
8Complaints under the scheme: investigation and determination
9The forms of redress are— (a) paying compensation;
10Enforcement of determinations
11Making of recommendations
12Predecessor schemes
13Complaints about the scheme
14Co-operation
15Provision of information
16Reports
Schedule 10Amendments in connection with the new homes ombudsman scheme
1The Local Government Act 1974 is amended in accordance with...
2(1) Section 33 (consultation between Local Commissioner and other Commissioners...
3(1) Section 33ZA (collaborative working between Local Commissioners and others)...
4In section 33ZB (arrangements for provision of administrative and other...
5(1) Paragraph 10A of Schedule 2 to the Housing Act...
6(1) The Public Services Ombudsman (Wales) Act 2019 (anaw 3)...
Schedule 11Construction products regulations
1Introductory
2General safety requirements
3Construction products with designated standards or technical assessments
4(1) Provision under paragraph 3(a) (designated standards) may include provision—...
5(1) Provision under paragraph 3(b) (technical assessments) may include provision...
6Construction products regulations may— (a) impose requirements on persons carrying...
7(1) Provision under paragraph 6(a) (imposition of requirements) may include...
8(1) Provision under paragraph 6(b) (conferral of powers) may include...
9Construction products regulations may include any provision—
10Safety-critical products
11(1) Construction products regulations may make provision for and in...
12Construction products regulations may— (a) impose requirements on persons carrying...
13Provision under paragraph 12(a) (imposition of requirements) may include any...
14(1) Provision under paragraph 12(b) (conferral of powers) may include...
15Enforcement
16Costs
17Information
18(1) Construction products regulations may make provision for and in...
19(1) Construction products regulations may make provision prohibiting the disclosure...
20General and supplementary
21(1) Construction products regulations may make provision by repealing, amending...
22(1) Where construction products regulations contain provision creating a criminal...
23Procedure
24Interpretation

Building Safety Act 2022

2022 Chapter 30

An Act to make provision about the safety of people in or about buildings and the standard of buildings, to amend the Architects Act 1997, and to amend provision about complaints made to a housing ombudsman.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—