Part 5

Other provision about safety, standards etc

Insolvency of certain persons with an interest in higher-risk and relevant buildings

Notifications by insolvency practitioners
125A
1
This section applies if an insolvency practitioner is appointed in relation to a responsible person for a higher-risk building or a relevant building.
2
For the purposes of this section, a person is “a responsible person” for a building if—
a
in the case of a higher-risk building, the person is an accountable person for the building (see section 72 for the meaning of “accountable person” for a higher-risk building);
b
in the case of a relevant building that is not a higher-risk building, the person would be an accountable person for the building if section 72 were read as applying to such a building (and as if the reference in that section to a residential unit were a reference to a dwelling).
3
The insolvency practitioner must give the information in subsection
(6)
(“the required information”) to—
a
the local authority for the area in which the building for which the person is a responsible person is situated, or (if applicable) each local authority in whose area a building for which the person is a responsible person is situated, and
b
the fire and rescue authority for the area in which the building for which the person is a responsible person is situated, or (if applicable) each fire and rescue authority in whose area a building for which the person is a responsible person is situated.
4
If the insolvency practitioner is appointed in relation to an accountable person for a higher-risk building, the practitioner must also give the required information to the regulator.
5
The required information must be provided within the period of 14 days beginning with the day on which the insolvency practitioner is appointed.
6
The information is as follows—
a
the name and address of the person in relation to whom the insolvency practitioner is appointed;
b
the address of each higher-risk building or relevant building for which the person is a responsible person (but see subsection
(7)
);
c
an official copy of the register of title and title plan relating to each registered estate or interest the person holds in such a building, if any (but see subsection
(7)
);
d
the nature of the practitioner’s appointment;
e
the practitioner’s name, address, telephone number and email address (if any);
f
so much of the information set out in the table in rule 1.6 of the Insolvency (England and Wales) Rules 2016 (
S.I. 2016/1024
) as is known to the practitioner.
7
A local authority or fire and rescue authority need only be notified about buildings, or registered estates or interests in buildings, in their area.
8
In this section “
insolvency practitioner
” means—
a
an administrator;
b
an administrative receiver;
c
a receiver appointed by the courts or by a mortgagee;
d
a liquidator;
e
a trustee in bankruptcy.
9
In this section—
- “
fire and rescue authority
” has the meaning given by section 30;
- “
higher-risk building
” has the same meaning as in Part 4 (see section 65);
- “
local authority
” has the meaning given by section 30;
- “
register of title
” means the register kept under section 1 of the Land Registration Act 2002;
- “
the regulator
” has the meaning given by section 2;
- “
relevant building
” has the meaning given by section 117;
- “
title plan
” means a plan based on the Ordnance Survey map and referred to in the register of title.
S. 125A and cross-heading inserted (24.7.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 119, 124(2)(d)