82 Duty to display building assessment certificate etc
(1) The principal accountable person for an occupied higher-risk building must ensure that the following are displayed together, in a conspicuous position in the building—
(a) a notice in the prescribed form containing prescribed information about accountable persons for the building;
(b) the most recent building assessment certificate relating to the building;
(c) any relevant compliance notice (see subsection (5)).
(2) Where a special measures order is in force in relation to an occupied higher-risk building—
(a) subsection (1) has effect as if paragraph (b) were omitted, and
(b) the principal accountable person for the building must ensure that no building assessment certificate relating to the building is displayed in the building.
(3) A person who, without reasonable excuse, contravenes subsection (1) or (2)(b) commits an offence.
(4) 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.
(5) In this section—
“building assessment certificate” has the same meaning as in section 81;
“relevant compliance notice”: a compliance notice is “relevant” if—
it has been given to an accountable person for the building,
if it was not given to the principal accountable person for the building, the regulator has given a copy of it to the principal accountable person, and
the regulator has not notified the principal accountable person that the notice has been withdrawn.
(1) An accountable person for an occupied higher-risk building must as soon as reasonably practicable after the relevant time assess the building safety risks as regards the part of the building for which they are responsible.
(2) Further such assessments must be made—
(a) at regular intervals,
(b) at any time that the accountable person has reason to suspect that the current assessment is no longer valid, and
(c) at the direction of the regulator, within a period specified in the direction.
(3) An assessment under subsection (1) or (2) must be suitable and sufficient for the purposes of enabling the accountable person to comply with their duties under section 84.
(4) In this section “the relevant time” means—
(a) the time when the building becomes occupied, or
(b) if later, the time when the person becomes an accountable person for the building.
(1) An accountable person for an occupied higher-risk building must take all reasonable steps for the following purposes—
(a) preventing a building safety risk materialising as regards the part of the building for which they are responsible;
(b) reducing the severity of any incident resulting from such a risk materialising.
(2) Those steps may in particular involve the accountable person carrying out works to the part of the building for which they are responsible.
(3) When taking the steps the accountable person must act in accordance with prescribed principles.
(4) The steps must be taken promptly.
(5) The accountable person must make and give effect to arrangements for the purpose of ensuring the effective planning, organisation, control, monitoring and review of steps taken under this section.
(1) The principal accountable person for an occupied higher-risk building must as soon as reasonably practicable after the relevant time prepare a report (a “safety case report”) containing—
(a) any assessment of the building safety risks made under section 83 by an accountable person for the building, and
(b) a brief description of any steps taken under section 84 by an accountable person for the building.
(2) The principal accountable person must revise a safety case report if they consider it necessary or appropriate to do so following—
(a) any further assessment under section 83 made by an accountable person for the building, or
(b) the taking of further steps under section 84 by an accountable person for the building.
(3) The Secretary of State may by regulations make further provision about the content and form of safety case reports.
(4) In this section “the relevant time” means—
(a) the time when the building becomes occupied, or
(b) if later, the time when the person becomes the principal accountable person for the building.
86 Notification and provision of report to the regulator
(1) The principal accountable person for an occupied higher-risk building must notify the regulator as soon as reasonably practicable after preparing or revising a safety case report.
(2) Where the regulator asks the principal accountable person to provide it with a copy of the safety case report, the principal accountable person must give a copy of it to the regulator as soon as reasonably practicable.
(3) The Secretary of State may by regulations make provision about—
(a) the content and form of notifications under this section;
(b) the way in which a notification or copy of a report must be given.
(4) In this section “safety case report” has the same meaning as in section 85.
(1) An accountable person for an occupied higher-risk building must, in prescribed circumstances, give prescribed information to the regulator by the prescribed time and in the specified way.
(2) The information that may be prescribed is information that relates to a building safety risk as regards the part of the building for which an accountable person is responsible.
(3) In subsection (1) “specified” means specified in a direction given and published by the regulator.
(4) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on summary conviction to a fine.
(5) The principal accountable person for an occupied higher-risk building must establish and operate an effective mandatory occurrence reporting system which complies with prescribed requirements.
(6) A “mandatory occurrence reporting system” is a system for the giving of information to accountable persons for the building for the purpose of enabling them to comply with subsection (1).
(7) Information provided by a person under subsection (1) is not admissible in evidence against that person in criminal proceedings except—
(a) in proceedings for an offence under section 24 or this section,
(b) in proceedings for an offence of perverting the course of justice, or
(c) if in the proceedings—
(i) in giving evidence the person makes a statement inconsistent with the information, and
(ii) evidence as to the information that was provided is adduced, or a question relating to it is asked, by or on behalf of the person.
88 Keeping information about higher-risk buildings
(1) An accountable person for a higher-risk building must—
(a) keep prescribed information in accordance with prescribed standards, and
(b) so far as possible keep such information up to date.
(2) An accountable person for a higher-risk building must keep copies of prescribed documents in accordance with prescribed standards.
(3) Where an accountable person does not hold prescribed information or a copy of a prescribed document, they must obtain it except where it is not practicable to do so.
(4) The Secretary of State may by regulations make provision as to when the duties in subsections (1) to (3) apply.
89 Provision of information etc to the regulator, residents and other persons
(1) The Secretary of State may by regulations make provision requiring an accountable person for a higher-risk building to give prescribed information or a copy of a prescribed document to—
(a) the regulator,
(b) another accountable person for the building,
(c) residents of the building,
(d) owners of residential units in the building, or
(e) any other prescribed person.
(2) The regulations may in particular make provision about—
(a) when information or a copy of a document must be given;
(b) the way in which information or copy of a document must be given;
(c) the form in which information must be given (and may in particular require that the information is given in an accessible form);
(d) the standards in accordance with which information or a copy of a document must be given.
(3) The regulations may make exceptions to any duty imposed under the regulations.
(4) Subject to subsection (5), the regulations may provide that the disclosure of information under this section does not breach—
(a) any obligation of confidence owed by the accountable person in relation to that information;
(b) any other restriction on the disclosure of information (however imposed).
(5) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).
(6) Where the regulations provide that any information or document must be given to the regulator, they may make provision about the admissibility in any criminal proceedings of the information or document.
90 Provision of information etc on change in accountable person
(1) This section applies where at any time (“the relevant time”) an accountable person for a higher-risk building (the “outgoing person”) ceases to be responsible for all or any part of the building.
(2) The outgoing person must give prescribed information and a copy of any prescribed document to any person who, immediately after the relevant time—
(a) is an accountable person for the building, and
(b) is responsible for a part of the building for which the outgoing person ceased to be responsible at the relevant time.
(3) The information and documents must be given—
(a) by the prescribed time,
(b) in the prescribed way, and
(c) in accordance with prescribed standards.
(4) The outgoing person must give prescribed information to the regulator in the prescribed way, as soon as reasonably practicable after the relevant time.
(5) Subject to subsection (6), regulations made by the Secretary of State under this section may provide that the disclosure of information under this section does not breach—
(a) any obligation of confidence owed by the outgoing person in relation to that information;
(b) any other restriction on the disclosure of information (however imposed).
(6) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).
(7) A person who, without reasonable excuse, contravenes subsection (2) or (4) commits an offence and 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.
(1) The principal accountable person for an occupied higher-risk building must—
(a) as soon as reasonably practicable after the relevant time prepare a strategy (a “residents’ engagement strategy”) for promoting the participation of relevant persons in the making of building safety decisions;
(b) review the strategy at prescribed times, and revise it if they consider it necessary or appropriate to do so;
(c) in prescribed circumstances, consult relevant persons and prescribed persons on the strategy and take any representations made on the consultation into account when next reviewing the strategy;
(d) act in accordance with the strategy.
(2) “Building safety decision” means a decision by an accountable person for the building that—
(a) is about the management of the building, and
(b) is made in connection with the performance of a duty of the accountable person under, or under regulations made under, this Part.
(3) The strategy must include information about—
(a) the information that will be provided to relevant persons about decisions relating to the management of the building,
(b) the aspects of those decisions that relevant persons will be consulted about,
(c) the arrangements for obtaining and taking account of the views of relevant persons, and
(d) how the appropriateness of methods for promoting participation will be measured and kept under review.
(4) As soon as reasonably practicable after the strategy is prepared or revised, each accountable person for the building must give a copy of the strategy to—
(a) each resident of the building who—
(i) is aged 16 or over, and
(ii) resides in a residential unit in the part of the building for which the accountable person is responsible;
(b) each owner of a residential unit in that part of the building;
(c) any prescribed person.
(5) The duty under subsection (4)(a) does not apply in relation to a resident if the accountable person—
(a) is not aware of the resident, and
(b) has taken all reasonable steps to make themselves aware of persons who reside in residential units in the part of the building for which the accountable person is responsible.
(6) The Secretary of State may by regulations—
(a) make further provision about the content of a residents’ engagement strategy;
(b) make provision about the preparation, review or revision of a residents’ engagement strategy, in cases where there is more than one accountable person for the building;
(c) make provision about the way in which a copy of the strategy is to be given;
(d) make provision about consultations under this section.
(7) In this section—
“relevant persons” are—
residents of the higher-risk building who are aged 16 or over, and
owners of residential units in the building;
“the relevant time” has the meaning given by section 85.
(1) This section applies where—
(a) a resident of an occupied higher-risk building who is aged 16 or over, or
(b) an owner of a residential unit in the building,
makes a request to an accountable person for the building to give them prescribed information or a copy of a prescribed document.
(2) The accountable person must as soon as reasonably practicable give the resident or owner the information or document requested.
(3) The Secretary of State may by regulations make provision about—
(a) the way in which information or a copy of a document must be given under this section;
(b) the form in which information must be given under this section (and may in particular require that the information is given in an accessible form).
(4) The Secretary of State may by regulations provide that in prescribed circumstances an accountable person is not required by subsection (2) to provide a copy of a document or some or all of the information requested.
(5) Subject to subsection (6), the regulations may provide that the disclosure of information under this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(6) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).
93 Complaints procedure operated by principal accountable person
(1) The principal accountable person for an occupied higher-risk building must as soon as reasonably practicable after the relevant time establish and operate a system for the investigation of relevant complaints.
(2) The Secretary of State may by regulations make provision about the establishment and operation of complaints systems under this section.
(3) The regulations may in particular make provision—
(a) about the way in which complaints may be made;
(b) about the period within which a complaint must be considered and dealt with;
(c) requiring the principal accountable person to refer a complaint to the regulator.
(4) In this section—
“relevant complaint” means a complaint relating to—
a building safety risk as regards the building, or
the performance by an accountable person for the building of any duty under, or under regulations made under, this Part;
“the relevant time” has the meaning given by section 85.
(1) The regulator must establish and operate a system for the investigation of relevant complaints that are made, or referred under section 93, to the regulator.
(2) The regulator must consult the committee mentioned in section 11 (residents’ panel)—
(a) before the complaints system is established or, if the committee has not been established at the time the complaints system is established, as soon as reasonably practicable after the committee is established, and
(b) before making any significant change to the complaints system.
(3) The Secretary of State may by regulations make provision about the establishment and operation of the complaints system under this section.
(4) The regulations may in particular make provision about—
(a) the period within which a complaint must be considered and dealt with;
(b) action that the regulator must consider taking in response to a complaint.
(5) In this section “relevant complaint” means a complaint relating to—
(a) a building safety risk as regards an occupied higher-risk building,
(b) the performance by an accountable person for an occupied higher-risk building of any duty under, or under regulations made under, this Part, or
(c) the performance by a special measures manager of any function conferred on the manager by a special measures order.
(1) This section applies to—
(a) a resident of a residential unit in an occupied higher-risk building who is aged 16 or over;
(b) an owner of a residential unit in such a building.
(2) A person to whom this section applies—
(a) must not act in a way that creates a significant risk of a building safety risk materialising;
(b) must not interfere with a relevant safety item;
(c) must comply with a request, made by the appropriate accountable person, for information reasonably required for the purposes of a duty under section 83 or 84.
(3) For the purposes of subsection (2)(b) a person “interferes” with a relevant safety item if they, without reasonable excuse—
(a) damage it,
(b) remove it, or
(c) do anything to, or in relation to, it that interferes with its intended function.
(4) In this section—
“appropriate accountable person” means the accountable person for the building who is responsible for the part of the building comprising the residential unit;
“relevant safety item” means—
anything that—
is in, or forms part of, the common parts (as defined by section 72), and
is intended to improve the safety of people in or about the building in relation to a building safety risk, or
any other prescribed thing.
(1) This section applies where it appears to the appropriate accountable person that a relevant person has contravened or is contravening a duty under section 95(2).
(2) The appropriate accountable person may give a contravention notice to the relevant person.
(3) A “contravention notice” is a notice that—
(a) specifies the alleged contravention;
(b) specifies any steps that the appropriate accountable person considers the relevant person should take in order to remedy the contravention, and a reasonable time for the taking of those steps;
(c) specifies anything that the appropriate accountable person considers the relevant person should refrain from doing, to avoid further contraventions of the duty;
(d) contains an explanation of the steps that the appropriate accountable person may take under this section if the notice is not complied with.
(4) Where it appears to the appropriate accountable person that the relevant person has contravened or is contravening the duty under section 95(2)(b), the contravention notice may require the relevant person to pay to the appropriate accountable person a sum specified in the notice.
(5) A sum may be specified in a contravention notice under subsection (4) only if—
(a) it is necessary to repair or replace the relevant safety item as a result of the contravention, and
(b) the sum specified does not exceed the reasonable cost of repairing or replacing (as the case may be) that item.
(6) The Secretary of State may by regulations make provision about contravention notices, including—
(a) provision about the form of a notice and the way a notice is to be given, and
(b) further provision about the content of a notice.
(7) The county court may, on an application made by the appropriate accountable person, make an order under this section if satisfied that—
(a) a contravention notice has been given,
(b) the contravention alleged in the notice occurred, and
(c) it is necessary to make the order.
(8) An order under this section may—
(a) require a relevant person to provide specified information or do a specified thing, by a specified time;
(b) prohibit a relevant person from doing a specified thing;
(c) where a contravention notice requires a sum to be paid under subsection (4), require a relevant person to pay to the appropriate accountable person a specified sum.
“Specified” here means specified in the order.
(9) A sum specified in an order under subsection (8)(c) may not exceed the sum specified in the contravention notice.
(10) In this section—
“appropriate accountable person” has the same meaning as in section 95;
“relevant person” means a person who is subject to the duties under section 95 (see subsection (1) of that section).
(1) This section applies where —
(a) an accountable person for an occupied higher-risk building makes a request to a relevant person to enter relevant premises,
(b) the request is made for the purpose of—
(i) facilitating the performance of a duty under section 83 or 84 (assessment of building safety risk etc), or
(ii) determining whether a duty under section 95 (duties on residents and owners) has been contravened,
(c) the request is within subsection (2), and
(d) entry to the premises is not given.
(2) A request is within this subsection if it—
(a) is in writing,
(b) sets out the purpose for which it is made,
(c) contains an explanation of why it is necessary to enter the premises for that purpose,
(d) requests access to the premises at a reasonable time, and
(e) is made at least 48 hours before the time mentioned in paragraph (d).
(3) The accountable person may apply to the county court for an order—
(a) requiring the relevant person to allow the accountable person, or a person authorised by the accountable person, to enter the relevant premises at a reasonable time for the purpose mentioned in the request, and
(b) if necessary for that purpose, authorising the taking of measurements, photographs, recordings or samples by the accountable person or authorised person.
(4) The county court—
(a) may make an order under subsection (3)(a) or (b) if satisfied that it is necessary to do so for the purpose mentioned in the request;
(b) must, if it does so, specify a date on which, or in a period within which, the accountable person or authorised person may enter the relevant premises for that purpose.
(5) In this section—
“relevant person” in relation to relevant premises means—
a resident of those premises who is aged 16 or over;
where those premises are controlled but not occupied, a person controlling those premises;
in any other case, an owner of those premises;
“relevant premises” means any premises in the part of the building for which the accountable person is responsible that are occupied or controlled by—
a resident of a residential unit in the building, or
an owner of a residential unit in the building.
(1) The regulator may give a compliance notice to an accountable person for a higher-risk building who appears to the regulator to have contravened, be contravening or be likely to contravene a relevant requirement.
(2) A “compliance notice” is—
(a) a notice requiring the accountable person to take specified steps within a specified period, or
(b) a notice requiring the accountable person to remedy the contravention or the matters giving rise to it within a specified period.
(3) A notice of a kind mentioned in subsection (2)(a) may specify any steps relating to—
(a) the remedying of the contravention, or
(b) avoiding the contravention occurring.
(4) Where it appears to the regulator that the contravention has placed or will place people in or about the building in imminent danger, the regulator may specify that the compliance notice is a notice to which this subsection applies (an “urgent action notice”).
(5) A person who, without reasonable excuse, contravenes a compliance notice commits an offence.
(6) 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.
(7) In this section—
“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;
“specified” means specified in the notice.
(1) The Secretary of State may by regulations make further provision about compliance notices.
(2) The regulations may in particular make provision about—
(a) the form and content of notices;
(b) the giving of notices;
(c) the amendment or withdrawal of notices;
(d) the extension of any period specified in a compliance notice for the doing of a thing.
(3) Subsection (4) applies where the regulator has given a compliance notice to an accountable person for a higher-risk building.
(4) The regulator must take reasonable steps to notify—
(a) the local authority for the area in which the building is situated;
(b) the fire and rescue authority for the area in which the building is situated;
(c) where the accountable person for the building is a registered provider of social housing, the Regulator of Social Housing;
(d) any other prescribed person.
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.
Schedule 7 provides for the appointment of a special measures manager, to undertake duties under this Part in place of an accountable person, and makes further provision in connection with that appointment.
(1) A person to whom a compliance notice has been given may appeal to the tribunal.
(2) An appeal may be on the grounds—
(a) that the person has not contravened, is not contravening, or is not likely to contravene, a relevant requirement;
(b) that it is unreasonable to require the person to do any thing specified to be done in the notice.
(3) Where an appeal under subsection (1) is made and the compliance notice is not an urgent action notice—
(a) the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and
(b) the specified period mentioned in section 99(2)(a) is treated as extended by the period—
(i) beginning with the day on which the appeal is made, and
(ii) ending with the day on which the appeal is finally determined or withdrawn.
(4) Where an appeal under subsection (1) is made and the compliance notice is an urgent action notice—
(a) the appellant may apply to the tribunal for a direction that the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and
(b) unless and until any such direction is given, the compliance notice continues to have effect despite the making of the appeal.
(5) A person to whom a compliance notice has been given may apply to the tribunal for an extension of the period for the doing of any thing specified to be done in the notice.
(6) Subsections (3) and (4) apply to such an application as they apply to an appeal under subsection (1).
(7) In this section “urgent action notice” has the meaning given by section 99(4).
104 Appeals against decisions of the regulator made under this Part
(1) This section applies in relation to a decision of the regulator—
(a) not to register a building on an application under section 78(1);
(b) to remove a building from the register under section 78(3);
(c) to refuse an application for a building assessment certificate under section 81(3);
(d) to give a direction under section 83(2).
(2) An affected person may appeal the decision.
(3) An appeal may be on the grounds—
(a) that the decision was based on an error of fact;
(b) that the decision was wrong in law;
(c) that the decision was unreasonable.
(4) In this section “an affected person” means—
(a) in relation to a decision of the regulator mentioned in paragraph (a) or (b) of subsection (1), an accountable person for the higher-risk building (or a person who would be an accountable person for the building if the building were a higher-risk building);
(b) in relation to a decision of the regulator mentioned in paragraph (c) of subsection (1), an accountable person for the higher-risk building;
(c) in relation to a decision of the regulator mentioned in paragraph (d) of subsection (1), the accountable person subject to the direction.
105 Appeals against decisions of the regulator made under regulations
(1) This section applies in relation to a prescribed decision of the regulator made under regulations made under this Part.
(2) A prescribed person may appeal to the tribunal against the decision.
(3) An appeal may be made only on prescribed grounds.
(1) This section applies in relation to an appeal to the tribunal under section 103(1), 104 or 105.
(2) The tribunal—
(a) must consider afresh the decision appealed against, and
(b) may take into account evidence that was not available to the regulator.
(3) The tribunal may confirm, vary or quash the decision of the regulator.
(4) The Secretary of State may, by regulations—
(a) provide for the suspension during the appeal period of the effect of a notice (other than a compliance notice) given or other thing done by the regulator;
(b) make other provision about the effect during the appeal period of an appeal (including provision conferring powers on the tribunal).
(5) In subsection (4) “the appeal period” means the period beginning with the making of the appeal and ending with the final determination or withdrawal of the appeal.
107 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 Part 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 28 of the Tribunals, Courts and Enforcement Act 2007 (enforcement)).
(1) The regulator may issue guidance about any of the following matters—
(a) the performance of any duties under section 87 (mandatory reporting requirements);
(b) the performance of any duties under section 88 or 89 (duty to keep or give information);
(c) the performance of any duties under section 92 (duty to give further information to residents);
(d) the performance of any duties under section 93 (complaints procedure).
(2) The regulator may revise or withdraw any issued guidance.
(3) Where in any proceedings it is alleged that a person has contravened a provision mentioned in subsection (1)—
(a) proof of a failure to comply with any applicable guidance may be relied on as tending to establish that there was such a contravention, and
(b) proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such contravention.
(4) In any proceedings, a document purporting to be guidance under this section is to be taken to be such guidance unless the contrary is proved.
(5) Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State.
(6) In this section any reference to a provision includes regulations made under the provision.
(1) Subsection (2) applies if there is more than one accountable person for an occupied higher-risk building.
(2) When carrying out their duties under, or under regulations made under, this Part, each accountable person must so far as possible—
(a) cooperate with every other accountable person for the building, and
(b) coordinate with every other accountable person for the building.
(3) Subsection (4) applies to an accountable person for an occupied higher-risk building if there are one or more other persons who are responsible persons within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005 in relation to the building.
(4) The accountable person must cooperate with each responsible person for the purpose of each responsible person carrying out their duties under the Order.
110 Managers appointed under Part 2 of the Landlord and Tenant Act 1987
(1) Section 24 of the Landlord and Tenant Act 1987 (appointment of a manager by a tribunal) is amended as follows.
(2) After subsection (2ZA) insert—
(2ZB) Subsection (2)(a) does not apply in respect of a breach of a building safety obligation by an accountable person for a higher-risk building.
(2ZC) In this section—
“accountable person” has the meaning given in section 72 of the Building Safety Act 2022;
“building safety obligation” means an obligation of an accountable person under Part 4 of the Building Safety Act 2022 or regulations made under that Part;
“higher-risk building” has the meaning given in section 65 of the Building Safety Act 2022.
(3) After subsection (2D) (inserted by paragraph 8(3) of Schedule 7) insert—
(2E) An order under this section may not provide for a manager to carry out a function in relation to a higher-risk building where Part 4 of the Building Safety Act 2022 or regulations made under that Part provide for that function to be carried out by an accountable person for that building.
111 Building safety directors of resident management companies
(1) This section applies in relation to a resident management company that is an accountable person for a higher-risk building.
(2) The articles of association of the resident management company have effect as if they included such provision as may be prescribed relating to—
(a) eligibility for appointment as a director of the company, for a building safety purpose;
(b) the appointment of a director for such a purpose;
(c) the entitlement to remuneration of a director appointed for such a purpose;
(d) the removal of a director so appointed.
(3) Subsection (2) has effect—
(a) whether or not the provision is adopted by the company;
(b) whether the company was formed before or after the coming into force of this section;
(c) notwithstanding anything in the company’s articles of association.
(4) In this section—
“building safety purpose” means the purpose of supporting the resident management company in complying with its duties under this Part or under regulations made under this Part;
“resident management company” has the meaning given by regulations made by the Secretary of State.
112 Implied terms in leases and recovery of safety related costs
(1) The Landlord and Tenant Act 1985 is amended in accordance with subsections (2) to (6).
(2) After section 30B insert—
Higher-risk buildings in England
Implied terms relating to building safety
30C (1) This section applies to a lease of premises which consist of or include a dwelling in a higher-risk building.
(2) In the lease there is implied a covenant by the landlord—
(a) where the landlord is an accountable person for the higher-risk building, to comply with their building safety duties;
(b) to cooperate with any person in connection with a relevant person complying with their building safety duties;
(c) where a special measures order in relation to the higher-risk building is in force, to comply with that order so far as it relates to the landlord.
(3) In the lease there is implied a covenant by the tenant—
(a) to allow the landlord, a relevant person or a person authorised in writing by the landlord or a relevant person to enter the premises for a relevant building safety purpose;
(b) where the tenant is a resident of the higher-risk building, to comply with their duties under sections 95 and 97 of the Building Safety Act 2022;
(c) where a special measures order in relation to the higher-risk building is in force, to comply with that order so far as it relates to the tenant.
(4) In the covenant implied by subsection (2)(b), “cooperate”, in relation to a person, includes—
(a) taking any steps which are reasonably required by the person to facilitate compliance by a relevant person with their building safety duties;
(b) where the person is a relevant person (or a person authorised in writing by a relevant person), providing any information (including names and contact details of residents and tenants of the premises) to the person which is reasonably required in connection with the relevant person complying with their building safety duties.
(5) In the covenant implied by subsection (3)(a), a relevant building safety purpose means—
(a) inspecting the premises in connection with a relevant person complying with their building safety duties;
(b) carrying out works to the premises, where such works are required to be carried out in connection with a relevant person complying with their building safety duties;
(c) accessing a part of the higher-risk building that is not let to the tenant in order to—
(i) inspect that part of the building in connection with a relevant person complying with their building safety duties;
(ii) carry out works to that part of the building, where such works are required to be carried out in connection with a relevant person complying with their building safety duties.
(6) The covenant implied by subsection (3)(a) requires entry to the premises to be allowed—
(a) only at reasonable times, and
(b) only if the tenant has been given at least 48 hours’ notice in writing.
(7) Except as provided by subsection (8), the disclosure of information in accordance with subsections (2)(b) and (4)(b) does not breach—
(a) any obligation of confidence owed by the landlord in relation to that information;
(b) any other restriction on the disclosure of information (however imposed).
(8) Subsections (2)(b) and (4)(b) do not require a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the duty imposed by subsections (2)(b) and (4)(b)).
(9) In this section—
“building safety duties”—
in relation to an accountable person, means any duties of the accountable person under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act;
in relation to a special measures manager, means any duties of the manager included in the special measures order appointing the manager;
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“relevant person” means—
an accountable person for the higher-risk building;
a special measures manager for the higher-risk building;
“resident” and “resident of a higher-risk building” have the same meaning as in Part 4 of the Building Safety Act 2022 (see section 71(3) and (4)(c) of that Act);
“works” includes alterations, improvements and installations.
Liability for building safety costs
30D (1) This section applies to a relevant lease of premises which consist of or include a dwelling in a higher-risk building.
(2) In this section “relevant lease”—
(a) means a lease—
(i) that is granted for a term certain of 7 years or more, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture, and
(ii) under which the tenant is liable to pay a service charge (within the meaning of section 18), but
(b) does not include a relevant social housing tenancy.
(3) The relevant lease has effect—
(a) as if the matters for which the service charge is payable under the lease included the taking of building safety measures by or on behalf of a relevant person (insofar as this would not otherwise be the case), and
(b) where the lease contains different methods for apportioning different relevant costs (within the meaning of section 18), as if it provided for any costs for which the tenant is liable by virtue only of paragraph (a) to be apportioned in the same way as costs incurred in connection with insuring the building.
(4) “Building safety measure” means any of the following—
(a) applying for registration of a higher-risk building in accordance with section 78 of the Building Safety Act 2022;
(b) applying for a building assessment certificate in accordance with section 79 of that Act;
(c) displaying a building assessment certificate in accordance with section 82 of that Act;
(d) assessing building safety risks in accordance with section 83 of that Act;
(e) taking reasonable steps in accordance with section 84 of that Act (management of building safety risks), other than steps involving the carrying out of works as referred to in section 84(2);
(f) preparing and revising a safety case report in accordance with section 85 of that Act;
(g) notifying the regulator of a safety case report, and giving a copy of a safety case report to the regulator, in accordance with section 86 of that Act;
(h) establishing and operating a mandatory occurrence reporting system, and giving information to the regulator, in accordance with section 87 of that Act;
(i) keeping information and documents in accordance with section 88 of that Act;
(j) giving information and documents to any person in accordance with section 89, 90 or 92 of that Act;
(k) complying with any duty under section 91 of that Act (residents’ engagement strategy);
(l) establishing and operating a system for the investigation of complaints in accordance with section 93 of that Act;
(m) giving a contravention notice to a resident, and making an application to the county court, in accordance with section 96 of that Act;
(n) making a request to enter premises, or making an application to the county court, in accordance with section 97 of that Act (access to premises).
(5) For the purposes of this section any of the following incurred in connection with the taking of a building safety measure are to be regarded as incurred in taking the measure—
(a) legal and other professional fees;
(b) fees payable to the regulator;
(c) management costs.
(6) In this section—
“landlord” includes any person who has a right under the lease to enforce payment of a service charge (within the meaning of section 18);
“relevant person” means—
if the landlord is an accountable person for the building, the landlord or a special measures manager for the building;
otherwise, any superior landlord who is an accountable person for the building or a special measures manager for the building;
“relevant social housing tenancy” has the meaning given in section 132 of the Land Registration Act 2002;
“tenant” includes any person who has an obligation under the lease to pay a service charge (within the meaning of section 18).
(7) The Secretary of State may by regulations made by statutory instrument amend subsection (4) so as to add, remove or modify a building safety measure.
(8) The regulations may make incidental, transitional or saving provision.
(9) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Liability for remuneration of building safety director of resident management company etc
30E (1) This section applies to a lease of premises which consist of or include a dwelling in a higher-risk building if—
(a) the landlord is an accountable person for the building,
(b) the landlord is—
(i) a resident management company within the meaning of section 111 of the Building Safety Act 2022, or
(ii) an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage), and
(c) the tenant is liable to pay a service charge.
(2) The lease has effect—
(a) as if it contained provision authorising the appointment of a person (whether or not a leaseholder or a resident of the building) as a director of the landlord for a building safety purpose,
(b) as if the matters for which the service charge is payable under the lease included remunerating any director of the landlord appointed for a building safety purpose (insofar as this would not otherwise be the case), and
(c) where the lease contains different methods for apportioning different relevant costs (within the meaning of section 18), as if it provided that any costs for which the tenant is liable by virtue only of paragraph (b) to be apportioned in the same way as costs incurred in connection with insuring the building.
(3) In this section—
“building safety purpose” means the purpose of supporting the landlord in complying with its duties under Part 4 of the Building Safety Act 2022 or under regulations made under that Part;
“landlord” includes any person who has a right under the lease to enforce payment of a service charge;
“service charge” has the meaning given by section 18;
“tenant” includes any person who has an obligation under the lease to pay a service charge.
Restrictions on contracting out of sections 30C to 30E
30F (1) A covenant or agreement, whether contained in a lease to which section 30C (implied terms) applies or in an agreement collateral to such a lease, is void in so far as it purports—
(a) to exclude or limit the obligations of the landlord or the tenant under section 30C, or
(b) to authorise any forfeiture or impose on the tenant any penalty, disability or obligation in the event of the tenant enforcing or relying upon the obligations of the landlord.
(2) A covenant or agreement, whether contained in a lease to which section 30D or 30E applies or in an agreement collateral to such a lease, is void insofar as it purports to modify the effect of section 30D(3) or 30E(2).
Jurisdiction of county court
30G The county court has jurisdiction to deal with any claim or other proceedings arising under or in connection with any of sections 30C to 30E (implied terms etc) notwithstanding that by reason of the amount of the claim or otherwise the case would not, apart from this section, be within the jurisdiction of the county court.
Specific performance of implied terms
30H In proceedings relating to a breach of a covenant in section 30C(2) or (3) (implied building safety terms), the court may order specific performance of the covenant—
(a) notwithstanding any equitable rule restricting the scope of the remedy, whether on the basis of a lack of mutuality or otherwise, and
(b) in the case of a breach of a covenant in section 30C(2) or (3)(b) or (c), whether or not the breach relates to a part of the higher-risk building let to the tenant.
Interpretation of building safety provisions
30I In sections 30C to 30H—
“accountable person” has the meaning given in section 115 of the Building Safety Act 2022;
“higher-risk building” has the meaning given in section 115 of that Act;
“lease” does not include a mortgage term;
“special measures manager” has the meaning given in paragraph 1 of Schedule 7 to the Building Safety Act 2022;
“special measures order” has the meaning given in paragraph 1 of Schedule 7 to that Act.
(3) After section 20E (inserted by section 133) insert—
Limitation of service charges: excluded costs for higher-risk buildings
20F (1) This section applies in relation to a lease to which section 30D (higher-risk buildings: building safety costs) applies.
(2) Excluded costs are not to be regarded as relevant costs to be taken into account in determining the amount of service charge payable by a tenant under the lease.
(3) In this section “excluded costs” means any of the following incurred in connection with Part 4 of the Building Safety Act 2022 or regulations made under that Part—
(a) costs incurred or to be incurred by or on behalf of a relevant person solely as a result of any penalty imposed or enforcement action taken by the regulator;
(b) legal costs incurred or to be incurred by or on behalf of a relevant person in connection with special measures order proceedings;
(c) costs incurred or to be incurred by or on behalf of a relevant person by reason of any negligence, breach of contract or unlawful act on the part of that relevant person or a person acting on their behalf;
(d) costs of a description prescribed by regulations made by the Secretary of State that are incurred or to be incurred by or on behalf of an accountable person or special measures manager for the building in connection with the taking of building safety measures.
(4) In this section—
“building safety measures” has the meaning given by section 30D;
“enforcement action” means action taken with a view to, or in connection with—
securing compliance with Part 4 of the Building Safety Act 2022 or regulations made under that Part, or
the imposition of a sanction in respect of a contravention of that Part or those regulations;
“the regulator” has the meaning given by section 115 of the Building Safety Act 2022;
“relevant person” means—
where the landlord under the lease is an accountable person for the higher-risk building, the landlord or a special measures manager for the higher-risk building;
where the landlord is not such an accountable person, any superior landlord who is an accountable person for the higher-risk building or a special measures manager for the higher-risk building;
“special measures order proceedings” means any proceedings relating to the making, variation or discharge of, or the giving of directions in relation to, a special measures order under Schedule 7 to the Building Safety Act 2022 (including any appeals in relation to such proceedings).
(5) Regulations under this section are to be made by statutory instrument.
(6) A power to make regulations includes power to make—
(a) incidental, transitional or saving provision;
(b) different provision for different purposes.
(7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) In section 21 (service charge information) after subsection (6) insert—
(6A) In particular, regulations which make provision about higher-risk buildings (within the meaning of Part 4 of the Building Safety Act 2022) need not contain provision of a kind mentioned in subsection (2) or (3).
(5) In section 30 (meaning of “landlord” and “tenant”)—
(a) after the definition of “landlord” insert—
“services” includes, in relation to a dwelling in a higher-risk building (as defined by section 30I), building safety measures within the meaning of section 30D;
;
(b) in the heading for ““flat”, “landlord” and “tenant”” substitute ““landlord”, “tenant” etc”.
(6) In section 32(1) (business tenancies), after the entry relating to section 17 insert—
section 30C (implied terms relation to building safety),
section 30D (building safety costs),
section 30E (liability for remuneration of building safety director of resident management company etc).
(7) In section 172(1)(a) of the Commonhold and Leasehold Reform Act 2002 (application to Crown)—
(a) for “30B” substitute “30I”;
(b) after “agents” insert “and building safety”.
(1) The Landlord and Tenant Act 1987 is amended in accordance with subsections (2) to (4).
(2) After section 47 insert—
Building safety information to be contained in demands for rent etc: England
47A (1) Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk building, any written demand given to a tenant of the premises must contain the relevant building safety information.
(2) Where—
(a) a tenant of such premises is given such a demand, but
(b) the demand does not contain the relevant building safety information,
any part of the amount demanded which consists of a service charge or an administration charge (“the relevant amount”) is to be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord gives the relevant building safety information to the tenant.
(3) But the relevant amount is not to be so treated in relation to any time when—
(a) by virtue of an order of any court or tribunal there is in force an appointment of a receiver or manager whose functions include the receiving of service charges or administration charges from the tenant, or
(b) a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force.
(4) In this section—
“demand” has the meaning given in section 47;
“higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022;
“relevant building safety information” has the meaning given in section 49A.
(3) After section 49 insert—
Notification by landlord of building safety information: England
49A (1) Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk building, the landlord must give the tenant a notice containing the relevant building safety information.
(2) Where a landlord fails to give a notice to a tenant in accordance with subsection (1), any rent, service charge or administration charge otherwise due from the tenant to the landlord is to be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord gives the notice to the tenant.
(3) But any such rent, service charge or administration charge is not to be so treated in relation to any time when—
(a) by virtue of an order of any court or tribunal there is in force an appointment of a receiver or manager whose functions include the receiving of rent, service charges or administration charges from the tenant, or
(b) a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force.
(4) The requirement to give a notice to a tenant under subsection (1) may be satisfied by giving the notice to them at a time when they are a prospective tenant.
(5) In this section “relevant building safety information” means—
(a) the fact that the premises consist of or include a dwelling in a higher-risk building;
(b) the name of each person listed in subsection (6);
(c) an email address and telephone number through which each person listed in subsection (6) may be contacted;
(d) a postal address in England and Wales at which notices (including notices in proceedings) may be served by the tenant on the principal accountable person for the higher-risk building;
(e) a postal address for the regulator;
(f) such other information as may be prescribed in regulations made by the Secretary of State.
(6) The persons are—
(a) the principal accountable person for the higher-risk building;
(b) any special measures manager for the higher-risk building;
(c) the regulator.
(7) In this section—
“higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022;
“principal accountable person” has the meaning given in section 115 of that Act;
“the regulator” has the meaning given in section 115 of that Act;
“special measures manager” has the meaning given in paragraph 1 of Schedule 7 to that Act.
(4) In section 53(2)(b) (regulations and orders), after “42A” insert “or 49A”.
(5) In section 172(1)(d) of the Commonhold and Leasehold Reform Act 2002 (application to Crown), for “49” substitute “49A”.
(1) The Commonhold and Leasehold Reform Act 2002 is amended as follows.
(2) In section 13(3) (joint unit-holders), after paragraph (fa) insert—
(faa) section 38A(1),
.
(3) In section 14 (use and maintenance)—
(a) in the heading, for “and maintenance” substitute “, maintenance and building safety”;
(b) after subsection (3) insert—
(4) A commonhold community statement for a higher-risk commonhold must make provision requiring the commonhold association to comply with its duties under Part 4 of the Building Safety Act 2022, or regulations made under that Part of the Act, in relation to each commonhold unit.
(4) In section 26 (use and maintenance)—
(a) in the heading, for “and maintenance” substitute “, maintenance and building safety”;
(b) the existing subsection becomes subsection (1);
(c) after that subsection insert—
(2) A commonhold community statement for a higher-risk commonhold must make provision requiring the commonhold association to comply with its duties under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act, in relation to the common parts.
(5) In section 31(5) (form and content of commonhold community statement), after paragraph (d) insert—
(da) to give information;
(db) to apply for grants or other funding;
.
(6) In section 32(5)(a) (regulations), after “38,” insert “38A,”.
(7) In section 38 (commonhold assessment), after subsection (2) insert—
(3) In subsection (1)(a) “expenses of the association” does not include building safety expenses of the association (within the meaning of section 38A).
(8) After section 38 insert—
Building safety assessment
38A (1) A commonhold community statement for a higher-risk commonhold must make provision—
(a) requiring the directors of the commonhold association to make an annual estimate of the income required to be raised from unit-holders to meet the building safety expenses of the association,
(b) enabling the directors of the commonhold association to make estimates from time to time of income required to be raised from unit-holders in addition to the annual estimate,
(c) specifying the percentage of any estimate made under paragraph (a) or (b) which is to be allocated to each unit,
(d) requiring each unit-holder to make payments in respect of the percentage of any estimate which is allocated to their unit, and
(e) requiring the directors of the commonhold association to serve notices on unit-holders specifying payments required to be made by them and the date on which each payment is due.
(2) For the purpose of subsection (1)(c)—
(a) the percentages allocated by a commonhold community statement to the commonhold units must amount in aggregate to 100;
(b) a commonhold community statement may specify 0 per cent in relation to a unit.
(3) In this section—
“building safety expenses of the association” means the expenses incurred by the commonhold association or special measures manager for the higher-risk building in connection with taking measures that the association or manager is required or permitted to take under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act;
“special measures manager” means a person appointed under paragraph 4 of Schedule 7 to the Building Safety Act 2022.
(9) In section 69(1) (interpretation), before the definition of “instrument” insert—
“higher-risk building” has the meaning given by section 115 of the Building Safety Act 2022,
“higher-risk commonhold” means a commonhold in England that includes all or any part of a higher-risk building,
.
In this Part—
“accountable person” has the meaning given by section 72;
“building safety risk” has the meaning given by section 62;
“compliance notice” has the same meaning as in section 99;
“contravention” includes a failure to comply;
“the data protection legislation” has the meaning given by section 30;
“fire and rescue authority” has the meaning given by section 30;
“higher-risk building” has the meaning given by section 65;
“local authority” has the meaning given by section 30;
“long lease” means—
a lease granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture, or
a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease;
“major incident” has the meaning given by section 63;
“maximum summary term for either-way offences” has the meaning given by section 30;
“occupied”: any reference to an “occupied” higher-risk building is to be read in accordance with section 71;
“owner” means the person—
for the time being receiving the rackrent of the premises in question, whether on the person’s own account or as agent or trustee for another person, or
who would so receive it if those premises were let at a rackrent;
and for this purpose “rackrent” has the meaning given by section 126 of the Building Act 1984;
“prescribed” means prescribed by regulations made by the Secretary of State;
“principal accountable person” has the meaning given by section 73;
“registered provider of social housing” has the meaning given by section 80 of the Housing and Regeneration Act 2008;
“the regulator” has the meaning given by section 2;
“resident” and “resident of a higher-risk building” have the meaning given by section 71;
“residential unit” means—
a dwelling, or
any other unit of living accommodation;
“responsible”: any reference to the part of a higher-risk building for which an accountable person is responsible is to be read in accordance with section 74;
“special measures manager” has the meaning given by paragraph 1 of Schedule 7;
“special measures order” has the meaning given by paragraph 1 of Schedule 7;
“the tribunal” means the First-tier Tribunal.
(1) Sections 117 to 124 and Schedule 8 make provision in connection with the remediation of relevant defects in relevant buildings.
(2) In those sections—
(a) sections 117 to 121 define “relevant building”, “qualifying lease”, “the qualifying time”, “relevant defect” and “associate”;
(b) section 122 and Schedule 8 contain protections for tenants in respect of costs connected with relevant defects, and impose liabilities on certain landlords;
(c) section 123 makes provision about remediation orders, under which a landlord in a relevant building is required to remedy certain relevant defects;
(d) section 124 makes provision about remediation contribution orders, under which an associate of a landlord in a relevant building is required to contribute towards the costs of remedying certain relevant defects;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies for the purposes of sections 119 to 124 and Schedule 8.
(2) “Relevant building” means a self-contained building, or self-contained part of a building, in England that contains at least two dwellings and—
(a) is at least 11 metres high, or
(b) has at least 5 storeys.
This is subject to subsection (3).
(3) “Relevant building” does not include a self-contained building or self-contained part of a building—
(a) in relation to which a right under Part 1 of the Landlord and Tenant Act 1987 (tenants’ right of first refusal) or Part 3 of that Act (compulsory acquisition by tenants of landlord’s interest) has been exercised,
(b) in relation to which the right to collective enfranchisement (within the meaning of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993) has been exercised,
(c) if the freehold estate in the building or part of the building is leaseholder owned (within the meaning of regulations made by the Secretary of State), or
(d) which is on commonhold land.
(4) For the purposes of this section a building is “self-contained” if it is structurally detached.
(5) For the purposes of this section a part of a building is “self-contained” if—
(a) the part constitutes a vertical division of the building,
(b) the structure of the building is such that the part could be redeveloped independently of the remainder of the building, and
(c) the relevant services provided for occupiers of that part—
(i) are provided independently of the relevant services provided for occupiers of the remainder of the building, or
(ii) could be so provided without involving the carrying out of any works likely to result in a significant interruption in the provision of any such services for occupiers of the remainder of the building.
(6) In subsection (5) “relevant services” means services provided by means of pipes, cables or other fixed installations.
118 Section 117: height of buildings and number of storeys
(1) This section applies for the purpose of section 117.
(2) The height of a building is to be measured from ground level to the finished surface of the floor of the top storey of the building (ignoring any storey which is a roof-top machinery or plant area or consists exclusively of machinery or plant rooms).
(3) When determining the number of storeys in a building—
(a) any storey below ground level is to be disregarded;
(b) any mezzanine floor is to be regarded as a storey if its internal floor area is at least half of the internal floor area of the largest storey in the building which is not below ground level.
(4) In subsection (2) “ground level”, in relation to a building, means—
(a) the level of the surface of the ground immediately adjacent to the building, or
(b) where the level of the surface of the ground on which the building is situated is not uniform, the level of the lowest part of the surface of the ground immediately adjacent to it.
(5) For the purposes of subsection (3) a storey is “below ground level” if any part of the finished surface of the ceiling of the storey is below the level of the surface of the ground immediately adjacent to that part of the building.
119 Meaning of “qualifying lease” and “the qualifying time”
(1) This section applies for the purposes of sections 122 to 124 and Schedule 8.
(2) A lease is a “qualifying lease” if—
(a) it is a long lease of a single dwelling in a relevant building,
(b) the tenant under the lease is liable to pay a service charge,
(c) the lease was granted before 14 February 2022, and
(d) at the beginning of 14 February 2022 (“the qualifying time”)—
(i) the dwelling was a relevant tenant’s only or principal home,
(ii) a relevant tenant did not own any other dwelling in the United Kingdom, or
(iii) a relevant tenant owned no more than two dwellings in the United Kingdom apart from their interest under the lease.
(3) Where a dwelling was at the qualifying time let under two or more leases to which subsection (2)(a) and (b) apply, any of those leases which is superior to any of the other leases is not a “qualifying lease”.
(3A) A connected replacement lease (see section 119A) is also a “qualifying lease”.
(4) For the purposes of this section—
(a) “long lease” means a lease granted for a term of years certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise;
(b) a person “owns” a dwelling in England, Wales or Northern Ireland if the person has a freehold interest in it or is a tenant under a long lease of it;
(c) “relevant tenant” means a person who, at the qualifying time, was the tenant, or any of the tenants, under the lease mentioned in subsection (2);
(d) “service charge” has the meaning given by section 18 of the Landlord and Tenant Act 1985.
(1) For the purposes of section 119 (and this section) a lease (the “new lease”) is a “connected replacement lease” if—
(a) the new lease is a lease of a single dwelling in a relevant building,
(b) the tenant under the new lease is liable to pay a service charge,
(c) the new lease was granted on or after 14 February 2022,
(d) the new lease replaces—
(i) one other lease, which is a qualifying lease (whether under section 119(2) or (3A)), or
(ii) two or more other leases, at least one of which is a qualifying lease (whether under section 119(2) or (3A)), and
(e) there is continuity in the property let.
(2) For the purposes of subsection (1)(d), the new lease replaces another lease if—
(a) the term of the new lease begins during the term of the other lease, and the new lease is granted in substitution of the other lease, or
(b) the term of the new lease begins at the end of the term of the other lease (regardless of when the lease is granted).
(3) For the purposes of subsection (2)(a), the circumstances in which the new lease is granted in substitution of another lease include circumstances where—
(a) the new lease is granted by way of a surrender and regrant of the other lease (including a deemed surrender and regrant, whether deemed under an enactment or otherwise);
(b) the new lease is granted under—
(i) section 24 of the Landlord and Tenant Act 1954 (renewed business leases),
(ii) section 14 of, or Schedule 1 to, the Leasehold Reform Act 1967 (extension of leases of houses), or
(iii) section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (extension of leases of flats),
in a case where that provision of that Act applies by virtue of the other lease.
(4) For the purposes of subsection (1)(e) there is continuity in the property let if—
(a) the newly let property is exactly the same as the already let property,
(b) the newly let property consists of some or all of the already let property, together with other property (whether or not that other property was previously let) (a “property combination”), or
(c) the newly let property consists of some, but not all, of the already let property (but no other property) (a “property reduction”).
(5) But there is no continuity in the property let by virtue of a property reduction if, as respects any lease in the relevant chain of qualifying leases, there was continuity in the property let by virtue of a property combination.
(6) For that purpose, the “relevant” chain of qualifying leases is the chain of qualifying leases of which the new lease would be part were it a connected replacement lease.
(7) For the purposes of subsection (1)(e) there is also continuity in the property let if the new lease is granted to rectify any error in the lease, or any lease, which the new lease replaces.
(8) Where a dwelling is at any time on or after 14 February 2022 let under two or more leases to which subsection (1)(a) and (b) apply, any of the leases which is superior to any of the other leases is not a connected replacement lease.
(9) For the purposes of sections 122 to 124 and Schedule 8, all of the leases in a chain of qualifying leases are to be treated as a single qualifying lease which has a term that—
(a) began when the term of the initial qualifying lease in that chain began, and
(b) ends when the term of the current connected replacement lease in that chain ends.
(10) The Secretary of State may by regulations make provision about the meaning of “connected replacement lease” (including provision changing the meaning).
(11) The provision that may be made in regulations under this section includes—
(a) provision which amends this section;
(b) provision which has retrospective effect.
(12) Provision in regulations under this section made by virtue of section 168(2)(a) (consequential provision etc) may (in particular) amend this Act.
(13) In this section—
“already let property”, in relation to a new lease, means the property let by the lease or leases which the new lease replaces;
“chain of qualifying leases” means—
an initial qualifying lease which is the preceding qualifying lease in relation to a connected replacement lease (the “first replacement lease”),
the first replacement lease, and
any other connected replacement lease if the preceding qualifying lease in relation to it is—
the first replacement lease, or
any other connected replacement lease which is in the chain of qualifying leases;
and a chain of qualifying leases may accordingly consist of different leases at different times (if further connected replacement leases are granted);
“current connected replacement lease”, in relation to a particular time, means a connected replacement lease during the term of which that time falls;
“initial qualifying lease” means a lease which is a qualifying lease under section 119(2);
“new lease” has the meaning given in subsection (1);
“newly let property” means the property let by the new lease;
“preceding qualifying lease”, in relation to the new lease, means—
in a case within subsection (1)(d)(i), the lease which the new lease replaces;
in a case within subsection (1)(d)(ii), a lease which—
the new lease replaces, and
is a qualifying lease.
(14) The definitions in section 119(4) also apply for the purposes of this section.
120 Meaning of “relevant defect” and “relevant steps”
(1) This section applies for the purposes of sections 122 to 124 and Schedule 8.
(2) “Relevant defect”, in relation to a building, means a defect as regards the building that—
(a) arises as a result of anything done (or not done), or anything used (or not used), in connection with relevant works, and
(b) causes a building safety risk.
(3) In subsection (2) “relevant works” means any of the following—
(a) works relating to the construction or conversion of the building, if the construction or conversion was completed in the relevant period;
(b) works undertaken or commissioned by or on behalf of a relevant landlord or management company, if the works were completed in the relevant period;
(c) works undertaken after the end of the relevant period to remedy a relevant defect (including a defect that is a relevant defect by virtue of this paragraph).
“The relevant period” here means the period of 30 years ending with the time this section comes into force.
(4) In subsection (2) the reference to anything done (or not done) in connection with relevant works includes anything done (or not done) in the provision of professional services in connection with such works.
(4A) “Relevant steps”, in relation to a relevant defect, means steps which have as their purpose—
(a) preventing or reducing the likelihood of a fire or collapse of the building (or any part of it) occurring as a result of the relevant defect,
(b) reducing the severity of any such incident, or
(c) preventing or reducing harm to people in or about the building that could result from such an incident.
(5) For the purposes of this section—
“building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from—
the spread of fire, or
the collapse of the building or any part of it;
“conversion” means the conversion of the building for use (wholly or partly) for residential purposes;
“relevant landlord or management company” means a landlord under a lease of the building or any part of it or any person who is party to such a lease otherwise than as landlord or tenant.