Key Facts

• Clause 21 allows the Building Safety Regulator to authorise individuals to exercise its powers.
• Schedule 2 details the specific powers available to authorised officers.
• Authorised officers may enter non-domestic premises with or without a warrant but require warrants for domestic premises.
• Failure to comply with authorised officers' requests is made a criminal offence.
• Clause 21 ensures local authorities and key stakeholders work with the Health and Safety Executive.
• Clause 22 criminalizes obstruction or impersonation of authorised officers, carrying maximum custodial sentences of up to two years.
• Penalties for impersonation are subject to an unlimited fine, while obstructing carries a £1,000 fine.
• The Building Safety Regulator will make regulatory decisions under the new legislation.
• There is a two-staged approach: internal review by the regulator, followed by an appeal to the tribunal if needed.
• Clause 24 provides the legal basis for requesting an internal review of the regulator's decision.
• The Building Safety Regulator (BSR) will conduct initial reviews of disputed decisions.
• Appeals can be made to the first-tier tribunal if a developer is not satisfied with the BSR's decision.
• Secondary legislation through statutory instruments will allow flexibility and scrutiny by Parliament.
• Clause 26 fosters joined-up working between the Building Safety Regulator and other public bodies.
• It creates statutory information-sharing gateways enabling authorities to share intelligence about resident safety issues.
• It ensures legal clarity for local authorities and fire and rescue services to share building safety and standards information across all buildings.
• Schedule 3 enables the sharing of information between the Building Safety Regulator and two other bodies: the police and the Secretary of State.
• Regulations will be subject to the affirmative procedure for creating new duties to co-operate and powers to share information.
• The provisions aim to improve building standards and ensure resident safety through collaborative working.
• The statement discusses the Building Safety Bill's clause aimed at improving information sharing between agencies.
• Funding for organizations like fire authorities and councils is critical for ensuring building safety.
• Proper guidance and procurement procedures are necessary to ensure that systems can be developed effectively.
• The amendments are aimed at aligning language on charging powers between clauses 27 and 56.
• Charging powers are needed to implement Dame Judith's recommendations for the Building Safety Regulator's funding model.
• Fees typically relate to a service, while charges can cover additional regulatory activities necessitated by non-compliance.
• The Building Safety Regulator will charge fees from regulated parties.
• Clause 27 provides legal basis for charging fees by the Building Safety Regulator.
• Local authorities and approved inspectors can already charge for building control work under the Building Act 1984.
• Clause enables regulations for charging fees related to regulatory activities.
• Fees must be appropriate and not profit-making; they are a means of cost recovery.
• Initial assumptions will be used to develop fees, but recalculation based on actual experience is standard practice.
• The accountable person cannot pass enforcement costs or negligent/unlawful act costs onto leaseholders through the building safety charge.
• Health and Safety Executive aims for Building Safety Regulator to become a world leader and shares expertise commercially.
• Subsection (6) enables Secretary of State to approve commercial charging by the Building Safety Regulator.
• Clause 28 sets out how documents will be validly served on or by the regulator.
• Clause 29 provides key definitions used in part 2 of the Bill.
• The provisions are updated to reflect changes since 1984 and align with the Building Act.
• The clause ensures service of documents can be done via email.
• The speaker emphasizes the need for clear communication to those using the process.
• There is a degree of flexibility in clause 28 to accommodate future technological advancements.
• The clause mirrors one in the Building Act 1984, updated to reflect modern practices and technology.
• In-scope buildings include high-rise residential properties of seven storeys or 18 metres, care homes, and student accommodation with two or more dwellings.
• Prisons and hotels are covered by the Regulatory Reform (Fire Safety) Order 2005.