Part 4Higher-risk buildings
Registration and certificates
I181Building assessment certificates
1
This section applies where—
a
the principal accountable person for an occupied higher-risk building applies under section 79 for a certificate in relation to the building (a “building assessment certificate”),
b
the application is made pursuant to a direction of the regulator under that section, and
c
the building is registered under section 78.
2
The regulator must assess whether the relevant duties are being complied with (and may inspect the building in connection with that assessment).
3
The regulator—
a
must give a building assessment certificate if satisfied that all relevant duties are being complied with;
b
if not so satisfied, must (subject to subsection (4)) refuse the application and notify the principal accountable person of the refusal.
4
If the regulator considers that a contravention of a relevant duty can be remedied promptly—
a
the regulator may give a notice under this subsection to the principal accountable person containing a brief description of the contravention and specifying a period for remedying the contravention, and
b
if it does so, and the contravention is remedied within that period, it may give a building assessment certificate (instead of refusing the application).
5
In this section “relevant duty” means a duty of an accountable person for the building under, or under prescribed regulations made under, any of the following—
a
section 83 (duty to assess building safety risks);
b
section 84 (management of building safety risks);
c
section 85 (duties relating to safety case report);
d
section 87(5) (duties relating to mandatory occurrence reporting system);
e
section 89 (provision of information to regulator, residents etc);
f
section 91 (duty to produce a residents’ engagement strategy).
6
The Secretary of State may by regulations make further provision about building assessment certificates and notices under this section, including in particular provision about—
a
the period in relation to which a certificate may be given;
b
the form and content of a certificate or notice;
c
the way in which a certificate or notice is to be given.