Building Act 1984

94A Electronic service of documents

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95 Power to enter premises.

(1) Subject to this section, an authorised officer of a local authority, on producing, if so required, some duly authenticated document showing his authority, has a right to enter any premises at all reasonable hours— (a) for the purpose of ascertaining whether there is, or has been, on or in connection with the premises, a contravention of this Act, or of any building regulations, that it is the duty of the local authority to enforce, (b) for the purpose of ascertaining whether or not circumstances exist that would authorise or require the local authority to take any action, or execute any work, under this Act or under building regulations, (c) for the purpose of taking any action, or executing any work, authorised or required by this Act, or by building regulations, or by an order made under this Act, to be taken, or executed, by the local authority, or (d) generally for the purpose of the performance by the local authority of their functions under this Act or under building regulations. (2) Admission to premises, other than a factory or workplace, shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier. (2A) Subsections (1) and (2) do not apply in relation to premises used wholly or mainly as a private dwelling. (3) If it is shown to the satisfaction of a justice of the peace on sworn information in writing that— (a) admission to any premises has been refused, or refusal is apprehended, or the premises are unoccupied, or the occupier is temporarily absent, or the case is one of urgency, or an application for admission would defeat the object of the entry, and (b) there is reasonable ground for entry into the premises for any of the purposes mentioned in subsection (1) above, the justice may by warrant under his hand authorise the local authority by any authorised officer to enter the premises, if need be by force. (4) A warrant shall not be issued under subsection (3) above unless the justice is satisfied that— (a) notice of the intention to apply for a warrant has been given to the occupier, or (b) the premises are unoccupied, or the occupier is temporarily absent, or the case is one of urgency, or the giving of the notice would defeat the object of the entry.

96 Supplementary provisions as to entry.

(1) An authorised officer entering premises by virtue of section 95 above, or of a warrant issued under it, may take with him such other persons as may be necessary, and on leaving unoccupied premises that he has entered by virtue of such a warrant he shall leave them as effectually secured against trespassers as he found them. (2) A warrant issued under that section shall continue in force until the purpose for which the entry is necessary has been satisfied. (3) A person who— (a) is admitted into a factory or workplace in compliance with that section or a warrant issued under it, and (b) discloses to another person information obtained by him in the factory or workplace with regard to a manufacturing process or trade secret, is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding three months, unless the disclosure was made in the performance of his duty.

97 Power to execute work.

A local authority or the regulator may, by agreement with the owner or occupier of any premises, themselves execute at his expense— (a) any work that they have under this Act required him to execute, or (b) any work in connection with the construction, laying, alteration or repair of a sewer or drain that he is entitled to execute, and for that purpose they have all the rights that he would have.

98 Power to require occupier to permit work.

If, on an application or (as the case may be) complaint made by the owner of premises, it appears to the appropriate court or tribunal that the occupier of those premises prevents the owner from executing any work that he is by or under this Act required to execute, the court or tribunal may order the occupier to permit the execution of the work.

99 Content and enforcement of notice requiring works.

(1) A notice in relation to which it is declared by any provision of this Act that this section applies shall indicate the nature of the works to be executed and state the time within which they are to be executed. (2) Subject to any right of appeal conferred by section 102 below, if the person required by such a notice to execute works fails to execute them within the time limited by the notice— (a) the local authority or the regulator (as the case may be) may themselves execute the works and recover from that person the expenses reasonably incurred by them in doing so, and (b) without prejudice to that power, he is liable on summary conviction to a fine not exceeding level 4 on the standard scale and to a further fine not exceeding £2 for each day on which the default continues after he is convicted. (3) This section has effect subject to any modification specified in the provision under which the notice is given.

100 Sale of materials.

(1) A relevant authority may sell any materials that— (a) have been removed by them from any premises, including a street, when executing works under this Act or otherwise carrying this Act into effect, and (b) are not before the expiration of three days from the date of their removal claimed by the owner and taken away by him. (2) Where a relevant authority sell materials under this section, they shall pay the proceeds to the person to whom the materials belonged, after deducting the amount of any expenses recoverable by them from him. (3) This section does not apply to refuse removed by a relevant authority. (4) In this section “relevant authority” means a local authority or the regulator.

101 Breaking open of streets.

(1) For the purposes of any section of this Act that confers powers on any relevant authority to construct, lay or maintain sewers, drains or pipes, section 158 of the Water Industry Act 1991 (street works) shall apply, with the necessary modifications, as it applies for the purpose of conferring power on a water undertaker or sewerage undertaker to lay a relevant pipe, within the meaning of that section. (2) That section shall also so apply so far as necessary for the purposes of any power to lay or maintain a sewer or drain which is conferred by this Act on a person other than a relevant authority. (3) In this section “relevant authority” means a local authority or the regulator.

101A Appeal: refusal to consider application etc on ground is higher-risk building work

(1) This section applies where— (a) a local authority for an area in England refuses to consider an application for building control approval, or (b) a local authority refuses to consider an initial notice (within the meaning of section 47) or an amendment notice (within the meaning of section 51A), on the ground that all or part of the work to which the application or notice relates is higher-risk building work. (2) The person intending to carry out the work may appeal to the appropriate national authority, before the end of the prescribed period, on the ground that none of the work is higher-risk building work. (3) Building regulations may make provision about appeals under this section, including in particular provision— (a) about the making of an appeal; (b) requiring an appellant to notify the local authority of the making of an appeal; (c) imposing duties on the local authority in cases where an appeal is made; (d) for and in connection with the appropriate national authority appointing a person to determine the appeal (including provision conferring functions on that person and providing that their decision is treated as the decision of the appropriate national authority); (e) about the procedure to be adopted in connection with the determination of the appeal. (4) The provision that may be made by virtue of subsection (3)(a) includes provision about— (a) the form and content of a notice of appeal; (b) the information and documents that are to accompany a notice of appeal; (c) the way in which a notice of appeal, and anything that is to accompany it, is to be given. (5) The decision made on the appeal is final (subject to subsection (6)). (6) The appellant or the local authority may, before the end of the prescribed period and with the permission of the High Court, appeal to the High Court against the decision of the appropriate national authority on a point of law.

102 Appeal against notice requiring works.

(1) Where a person is given a notice in relation to which it is declared by any provision of this Act that this section applies, he may appeal to the appropriate court or tribunal on any of the following grounds that are appropriate in the circumstances of the particular case— (a) that the notice or requirement is not justified by the terms of the provision under which it purports to have been given, (b) that there has been some informality, defect or error in, or in connection with, the notice, (c) that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary, (d) that the time within which the works are to be executed is not reasonably sufficient for the purpose, (e) that the notice might lawfully have been served on the occupier of the premises in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served, (f) where the works are works for the common benefit of the premises in question and other premises, that some other person, being the owner or occupier of premises to be benefited, ought to contribute towards the expenses of executing any works required. (2) If and in so far as an appeal under this section is based on the ground of some informality, defect or error in or in connection with the notice, the court or tribunal shall dismiss the appeal, if it is satisfied that the informality, defect or error was not a material one. (3) The appellant— (a) shall, where the grounds upon which the appeal is brought include a ground specified in subsection (1)(e) or (f) above, serve a copy of his notice of appeal on each other person referred to, and (b) may, in the case of any appeal under this section, serve a copy of his notice of appeal on any other person having an estate or interest in the premises in question, and on the hearing of the appeal the court or tribunal may make such order as it thinks fit with respect to— (i) the person by whom any works are to be executed and the contribution to be made by any other person towards the cost of the works, or (ii) the proportions in which any expenses that may become recoverable by the local authority or the regulator are to be borne by the appellant and such other person. (4) In exercising its powers under subsection (3) above, the court or tribunal shall have regard— (a) as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works required, and (b) in any case, to the degree of benefit to be derived by the different persons concerned. (5) This section has effect subject to any modification specified in the provision under which the notice is given.

103 Procedure on appeal or application to appropriate court or tribunal.

(1) Where this Act provides— (a) for an appeal to a magistrates’ court against a requirement, refusal or other decision of a local authority, or (b) for a matter to be determined by, or for an application in respect of a matter to be made to, a magistrates’ court, the procedure shall be by way of complaint for an order. (1A) Subsections (2) and (3) apply— (a) where this Act provides for an appeal to the tribunal against a requirement, refusal or other decision of a relevant authority, and (b) in relation to an appeal of a kind mentioned in subsection (1)(a). (2) The time within which such an appeal may be brought is 21 days from the date on which notice of the relevant authority’s requirement, refusal or other decision was served upon the person desiring to appeal, and for the purposes of this subsection the making of the application or complaint is deemed to be the bringing of the appeal. (3) In a case where such an appeal lies, the document notifying to the person concerned the relevant authority’s decision in the matter shall state the right of appeal to the appropriate court or tribunal and the time within such an appeal may be brought. (4) In this section “relevant authority” means a local authority or the regulator.

104 Local authority or regulator to give effect to appeal.

Where upon an appeal under this Act a court or tribunal varies or reverses a decision of a local authority or the regulator, it is the duty of the local authority or regulator to give effect to the order of the court or tribunal and, in particular, to grant or issue any necessary consent, certificate or other document, and to make any necessary entry in any register.

105 Judge not disqualified by liability to rates.

A judge of a court or tribunal or a justice of the peace is not disqualified from acting in cases arising under this Act by reason only of his being, as one of several ratepayers, or as one of any other class of persons, liable in common with the others to contribute to, or be benefited by, a rate or fund out of which expenses of a local authority are to be defrayed.

105A Enforcement of decisions of the First-tier and Upper Tribunal

(1) A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this Act is enforceable with the permission of the county court in the same way as an order of that court. (2) Subsection (1) does not apply to a decision of the First-tier Tribunal or Upper Tribunal ordering the payment of a sum (as to which see section 27 of the Tribunals, Courts and Enforcement Act 2007 (enforcement)).

105B Fees and charges

(1) The appropriate national authority may by regulations make provision authorising a relevant authority— (a) to charge fees, and (b) to recover charges, for or in connection with the performance of any of its functions under, or under an instrument made under, this Act. (2) The regulations may— (a) prescribe a fee or charge, or (b) provide for the amount of any fee or charge to be determined by the relevant authority in accordance with the regulations; and may make provision about the effect of failing to pay a fee or charge in accordance with the regulations. (3) The regulations may in particular— (a) provide that the amount of any charge is to be determined by the relevant authority in accordance with a scheme made and published by it, and (b) make provision about such schemes, including the principles to be embodied in such schemes. (4) In this section “relevant authority” means— (a) in relation to England, the regulator or a local authority for an area in England; (b) in relation to Wales, the Welsh Ministers or a local authority for an area in Wales.

105C Levy on certain applications for building control approval etc

(1) The Secretary of State may by regulations make provision for and in connection with the imposition, in respect of relevant applications or notices or specified descriptions of relevant applications or notices, of a levy for the purpose of meeting any building safety expenditure. (2) The levy is payable to the Secretary of State or a person designated by the Secretary of State. (3) The regulations may in particular make provision about— (a) the amount of the levy; (b) the person by whom it must be paid; (c) when the levy must be paid; (d) the provision of information or documents to, or by, the Secretary of State or designated person; (e) the consequences of a failure to pay the levy in accordance with the regulations; (f) the determination of disputes (including provision conferring a right to appeal to the tribunal and provision about appeals). (4) The different provision that may be made by the regulations by virtue of section 120A(2)(b) includes in particular different provision in relation to— (a) persons who are eligible to be members of a building industry scheme and are not members of that scheme, and (b) other persons. (5) The regulations may contain exemptions, for specified descriptions of person. (6) The regulations may provide that, unless the building control authority is given a notification under subsection (7) in relation to a relevant application or notice (or a relevant application or notice of a specified description), the authority— (a) may not take a specified step in relation to the application or notice (for example, may not grant an application, accept a notice or give a specified certificate in relation to works connected with the application or notice), or (b) must take a specified step in relation to the application or notice (for example, must reject a notice). (7) A notification under this section is a notification given by the Secretary of State or designated person— (a) that the levy payable in respect of the application or notice has been paid, or (b) that no levy is payable in respect of the application or notice. (8) The regulations must provide for any amount received by a designated person by way of a levy to be paid to the Secretary of State, subject to retention of an amount, determined by or in accordance with the regulations, in respect of the costs of administering the levy. (9) A designation under this section must be published in such way as the Secretary of State considers appropriate. (10) In this section “relevant application or notice” means— (a) an application for building control approval, (b) an initial notice, (c) an amendment notice, or (d) a public body’s notice, relating to a relevant building or proposed relevant building (including any such application or notice relating to work that causes a building to become a relevant building or causes a relevant building to cease to be such a building). (11) In this section— “amendment notice, “initial notice” and “public body’s notice” have the same meaning as in Part 2 (see section 58); “building industry scheme” means a scheme established under section 126 of the Building Safety Act 2022; “building safety expenditure” means expenditure incurred by the Secretary of State (whether before or after the passing of this Act) in providing financial assistance to persons (whether by way of grant, loan or otherwise) for the purposes of enabling them to improve the safety of persons in or about buildings in England; “relevant building” means a building in England consisting of or containing— one or more dwellings, or other accommodation, (and “accommodation” here includes temporary accommodation, for example in a hotel or hospital); “specified” means specified in the regulations.

106 Compensation for damage.

(1) A local authority shall make full compensation to a person who has sustained damage by reason of the exercise by the authority, in relation to a matter as to which he has not himself been in default, of any of their powers under this Act. (2) ... Any dispute arising under this section as to the fact of damage, or as to the amount of compensation, shall be determined by arbitration. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

107 Recovery of expenses etc.

(1) Where a relevant authority have incurred expenses for whose repayment the owner of the premises in respect of which the expenses were incurred is liable, either under this Act or by agreement with the authority, those expenses, together with interest from the date of service of a demand for the expenses, may be recovered by the authority— (a) from the person who is the owner of the premises at the date on which the works are completed, or (b) if he has ceased to be the owner of the premises before the date on which a demand for the expenses is served, either from him or from the person who is the owner at the date on which the demand is served, and, as from the date of the completion of the works, the expenses and interest accrued due thereon are, until recovered, a charge on the premises and on all estates and interests in them. (2) A relevant authority, for the purpose of enforcing a charge under subsection (1) above, have all the same powers and remedies under the Law of Property Act 1925 and otherwise as if they were mortgagees by deed having powers of sale and lease, or accepting surrenders of leases and appointing a receiver. (3) The rate of interest chargeable under subsection (1) above is such reasonable rate as the authority may determine. (4) A sum that a relevant authority are entitled to recover under this Act, and with respect to whose recovery provision is not made by any other section of this Act, may be recovered as a simple contract debt in any court of competent jurisdiction. (5) Where— (a) a person has been given a notice in relation to which section 102 above applies, and (b) the relevant authority take proceedings against him for the recovery of expenses that they are entitled to recover from him, it is not open to him to raise any question that he could have raised on an appeal under that section. (6) In this section “relevant authority” means a local authority or the regulator.

108 Payment by instalments.

(1) A relevant authority may by order declare any expenses recoverable by them under section 107(1) above to be payable with interest by instalments within a period not exceeding 30 years, until the whole amount is paid. (2) An order may be made under subsection (1) above at any time with respect to an unpaid balance of expenses and accrued interest, but the period for repayment shall not in any case extend beyond 30 years from the service of the first demand for the expenses. (3) Any such instalments and interest, or any part thereof, may be recovered from the owner or occupier for the time being of the premises in respect of which the expenses were incurred, and if recovered from the occupier, may be deducted by him from the rent of the premises; but an occupier shall not be required to pay at any one time a sum in excess of the amount that— (a) was due from him on account of rent at, or (b) has become due from him on account of rent since, the date on which he received a demand from the relevant authority together with a notice requiring him not to pay rent to his landlord without deducting the sum so demanded. (4) The rate of interest chargeable under subsection (1) above is such reasonable rate as the authority may determine. (5) In this section “relevant authority” means a local authority or the regulator.

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110 Liability of agent or trustee.

(1) Where a relevant authority claim to recover expenses under this Act from a person as being the owner of the premises in respect of which the expenses were incurred, and that person proves that— (a) he is receiving the rent of those premises merely as agent or trustee for some other person, and (b) he has not, and since the date of the service on him of a demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority, his liability is limited to the total amount of the money that he has or has had in his hands as aforesaid, but a relevant authority who are, or would be, debarred by the foregoing provisions of this section from recovering the whole of any such expenses from an agent or trustee may recover the whole or any unpaid balance thereof from the person on whose behalf the agent or trustee receives the rent. (2) In this section “relevant authority” means a local authority or the regulator.

111 Arbitration.

In an arbitration under this Act, the reference shall be to a single arbitrator appointed by agreement between the parties, or in default of agreement by the appropriate national authority.

112 Obstruction

(1) A person who wilfully obstructs a person acting in the execution of this Act, or of building regulations, or of an order or warrant made or issued under this Act, is in a case for which no other provision is made by this Act, liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) Subsection (1) does not apply where the person obstructed is an authorised officer (within the meaning of section 22 of the Building Safety Act 2022).

112A Liability of officers of body corporate etc

(1) Where an offence under this Act committed by a body corporate— (a) is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or (b) is attributable to any neglect on the part of any such person, that person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. (2) In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. (3) Subsection (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference— (a) in the case of a partnership, to a partner; (b) in the case of an unincorporated body other than a partnership— (i) where the body’s affairs are managed by its members, to a member of the body; (ii) in any other case, to a member of the governing body.

113 Prosecution of offences.

Proceedings in respect of an offence created by or under this Act shall not, without the written consent of the Attorney General, be taken by any person other than— (a) a party aggrieved, or (b) a local authority , the regulator, the Welsh Ministers, the Counsel General to the Welsh Government or a body whose function it is to enforce the provision in question.

114 Continuing offences.

Where provision is made by or under this Act for the imposition of a daily penalty in respect of a continuing offence— (a) the court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for the defendant to comply with any directions given by the court, and (b) where the court has fixed such a period, the daily penalty is not recoverable in respect of any day before the period expires.

115 Protection of members etc. of authorities.

(1) Nothing done, and no contract entered into by a local authority, port health authority or joint board, and nothing done by a member or officer of, or person acting under the direction of, such an authority or board, shall subject them or him personally to any action, liability, claim or demand whatsoever, if it is done or entered into bona fide for the purpose of executing this Act. (2) Any expense incurred by such an authority, board member, officer or other person acting bona fide for the purpose aforesaid shall be borne and repaid out of the fund or rate applicable by the authority or board for the general purposes of this Act. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116 Default powers of appropriate national authority.

(1) If the appropriate national authority is satisfied that a local authority or joint board have failed to discharge their functions under this Act in a case in which they ought to have discharged them, it may make an order declaring them to be in default and directing them for the purpose of removing the default to discharge such of their functions, in such manner and within such time or times, as may be specified in the order. (2) If a local authority or joint board with respect to whom an order has been made under subsection (1) above fail to comply with a requirement of the order within the time limited by the order for compliance with that requirement, the appropriate national authority, in lieu of enforcing the order by mandamus or otherwise, may make a transfer order in respect of the body in default. (3) The Secretary of State must consult the regulator before making an order under subsection (1) or (2). (4) The Secretary of State may also make a transfer order in respect of a local authority if— (a) under section 58Z7(2) the regulator recommends that the Secretary of State make a transfer order in respect of the authority, and (b) the Secretary of State is satisfied that the way in which the authority exercises its functions under this Act— (i) falls short of the standards expected, and (ii) puts, or may put, the safety of persons in or about buildings at risk, and is likely to continue to do so. (5) The Welsh Ministers may also make a transfer order in respect of a local authority if the Welsh Ministers are satisfied that the way in which the authority exercises its functions under this Act— (a) falls short of the standards expected, and (b) puts, or may put, the safety of persons in or about buildings at risk, and is likely to continue to do so. (6) A “transfer order”, in respect of a local authority or joint board, is an order transferring to the appropriate national authority, or to another local authority, such functions of the authority or board as may be specified in the order.

117 Expenses of appropriate national authority.

(A1) This section applies where the appropriate national authority has transferred functions to itself by a transfer order under section 116. (A2) Any expenses incurred by the Secretary of State in discharging the transferred functions are to be paid in the first instance out of money provided by Parliament. (1) The amount of any expenses certified by the appropriate national authority as having been incurred by the authority in discharging the transferred functions— (a) shall be paid to the authority by the body in default on demand, and (b) is recoverable by the authority from the body as a debt due to the authority, and that body has the like power of raising the money required as it has of raising money for defraying expenses incurred directly by it. (2) The payment of such expenses as aforesaid is, to such extent as may be sanctioned by the appropriate national authority, a purpose for which a local authority or joint board may borrow money in accordance with the statutory provisions relating to borrowing by such an authority or board.

118 Variations or revocation of order transferring powers.

(1) Where the appropriate national authority has made a transfer order under section 116 above, it may at any time by a subsequent order vary or revoke that order, but without prejudice to the validity of anything previously done. (1A) The Secretary of State must consult the regulator before making an order under subsection (1). (2) Where an order is so revoked, the appropriate national authority may, either by the revoking order or by a subsequent order, make such provision as appears to it to be desirable with respect to the transfer, vesting and discharge of any property or liabilities acquired or incurred , by the person to whom the revoked order transferred functions, in discharging those functions.

119 Local inquiries.

(1) The appropriate national authority or the regulator may cause a local inquiry to be held in a case where it is authorised by this Act to determine a difference, to make an order, to give a consent or approval or otherwise to act under such a provision. (2) Section 250 of the Local Government Act 1972 (power to direct inquiries) applies in relation to a local inquiry caused to be held by the regulator as it applies in relation to one caused to be held by the Secretary of State.

120 Orders.

(1) The power to make an order under section 134(1) is exercisable by statutory instrument, and different days may be appointed by such an order for different provisions or for different purposes. (2) An order under section ... 134(1) (a), (b) or (c) below may contain such transitional provisions and savings as appear to the Secretary of State or Welsh Ministers to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions as appear to the Secretary of State or Welsh Ministers necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

120A Regulations

(1) This section applies to regulations under section 54A, 55, 56A, 56B, 90A, 91A, 92, 105B, 105C, 120D, 120I or 125A. (2) A power to make regulations includes power to make— (a) consequential, supplementary, incidental, transitional, transitory or saving provision; (b) different provision for different purposes or for different areas. (3) Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic. (4) Regulations under section 54A may make such consequential amendments of this Act as the appropriate national authority considers appropriate. (5) Regulations under section 90A may make such consequential amendments of this Act as the Secretary of State considers appropriate. (6) Regulations are to be made by statutory instrument. (7) A statutory instrument containing (whether alone or with other provision)— (a) regulations under section 54A, 90A, 105C or 125A, or (b) regulations under section 120D(2)(b) or (6), or regulations made by virtue of section 120D(4)(c), may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (8) Any other statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament. (9) A statutory instrument containing (whether alone or with other provision) regulations under section 54A, 120I(2) or 125A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru. (10) Any other statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.

120B Proposals and consultation relating to regulations made by the Secretary of State

(1) The regulator may at any time make proposals to the Secretary of State for the making of regulations under this Act. (2) Before making a proposal, the regulator must consult such persons as it considers appropriate. (3) Before making any regulations under this Act, other than regulations proposed by the regulator, the Secretary of State must consult— (a) the regulator, and (b) any other person that the Secretary of State considers appropriate. (4) This section does not apply in relation to regulations under section 120D.

120C Consultation relating to regulations made by the Welsh Ministers

(1) Before making any regulations under this Act except building regulations or regulations under section 120I, the Welsh Ministers must consult such persons as they consider appropriate. (2) Before making any regulations under section 120I, the Welsh Ministers must consult— (a) the Building Regulations Advisory Committee for Wales, and (b) any other person that the Welsh Ministers consider appropriate. (3) See also section 14 (consultation requirements for building regulations).

120D Meaning of “higher-risk building”: England

(1) This section applies for the purposes of this Act as it applies in relation to England. (2) “Higher-risk building” means a building in England that— (a) is at least 18 metres in height or has at least 7 storeys, and (b) is of a description specified in regulations made by the Secretary of State. (3) The Secretary of State may by regulations make provision supplementing this section. (4) The regulations may in particular— (a) define “building” or “storey” for the purposes of this section; (b) make provision about how the height of a building is to be determined for those purposes; (c) provide that “higher-risk building” does not include a building of a specified description. (5) Regulations made by virtue of subsection (4)(a) may in particular define “building” so as to provide that it includes— (a) any other structure or erection of any kind (whether temporary or permanent); (b) any vehicle, vessel or other movable object of any kind, in such circumstances as may be specified. (6) The Secretary of State may by regulations amend this section (other than subsection (1) or (3) or this subsection). (7) For the meaning of “higher-risk building work” see section 91ZA.

120E Regulations under section 120D: procedure

(1) Before making regulations under section 120D, the Secretary of State must consult— (a) the regulator, and (b) such other persons as the Secretary of State considers appropriate. (2) But the regulator need not be consulted if— (a) the regulations give effect to a recommendation made by the regulator under section 120G, or (b) the Secretary of State has under section 120H asked the regulator for advice about the description of building in question.

120F Regulations under section 120D: additional procedure in certain cases

(1) This section applies if the Secretary of State proposes to make regulations under section 120D that would result in a description of building (including anything within subsection (5) of that section) becoming a higher-risk building for the purposes of this Act as it applies in relation to England. (2) The Secretary of State must ask the regulator under section 120H(1) for advice about the description of building, except where the regulations would give effect to a recommendation under section 120G(2). (3) The Secretary of State must carry out a cost-benefit analysis and publish it. (4) In this section “cost-benefit analysis” means— (a) an analysis of the costs together with an analysis of the benefits that will arise if the regulations are made, and (b) an estimate of those costs and of those benefits (subject to subsection (5)). (5) If, in the opinion of the Secretary of State— (a) the costs or benefits cannot reasonably be estimated, or (b) it is not reasonably practicable to produce an estimate, the cost-benefit analysis need not estimate them, but must include a statement of the Secretary of State’s opinion and an explanation for it.

120G Recommendations about regulations under section 120D

(1) Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers— (a) that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description, (b) that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and (c) that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England. (2) The regulator must— (a) recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act, and (b) give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation. (3) If, following a recommendation, the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out— (a) the regulator’s recommendation, (b) the Secretary of State’s decision not to make the regulations, and (c) the reasons for that decision. (4) If the regulator considers that a particular description of higher-risk building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England, it must make a recommendation to the Secretary of State to that effect. (5) In this section— “building safety risk” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building— the spread of fire; structural failure; any other matter prescribed by regulations under section 62 of the Building Safety Act 2022 in relation to all buildings, or in relation to a description of building that includes the building; “major incident” means an incident resulting in— a significant number of deaths, or serious injury to a significant number of people.

120H Advice about regulations under section 120D

(1) Subsections (2) to (5) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of this Act as it applies in relation to England. (2) The regulator must consider whether the following conditions are met— (a) the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description; (b) the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident; (c) the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England. (3) The regulator must— (a) if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England; (b) otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes. (4) The regulator must give the Secretary of State a statement of its assessment of the issues it considered in relation to the recommendation under subsection (3). (5) If, following a recommendation under subsection (3)(a), the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out— (a) the regulator’s recommendation, (b) the Secretary of State’s decision not to make the regulations, and (c) the reasons for that decision. (6) If requested, the regulator must provide advice to the Secretary of State as to whether a specified description of building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England. (7) In this section— “building safety risk” has the meaning given by section 120G; “major incident” has the meaning given by that section; “specified” means specified in the request.