Part 4 Higher-risk buildings

Enforcement

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

(1) An accountable person for a higher-risk building commits an offence if—

(a) without reasonable excuse, the accountable person contravenes a relevant requirement, and

(b) the contravention places one or more people in or about the building at critical risk.

(2) In subsection (1)—

• “critical risk” means a significant risk of death or serious injury arising from a building safety risk;

• “relevant requirement” means any requirement on an accountable person under, or under regulations made under, this Part except one that is prescribed for the purposes of this section.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.