Key Facts

• Clause 87 mandates occurrence reporting for occupied higher-risk buildings.
• Safety occurrences will be defined in secondary legislation and must be reported immediately and within a specified timeframe.
• Non-compliance with mandatory occurrence reporting is a criminal offence.
• The 'golden thread' of information includes details necessary to understand and maintain building safety.
• Clause 88 creates power for the Secretary of State to make regulations on maintaining the golden thread.
• Clause 89 enables the Secretary of State to create regulations to ensure information sharing.
• The golden thread must be handed over whenever the accountable person changes, as required by clause 90.
• Regulations under clause 90 will mandate timely and appropriate handover procedures.
• Clause 91 requires preparation of a strategy by the accountable person for promoting resident participation.
• The register of higher-risk buildings will list accountable persons, making this information public.
• Important details about those responsible for managing building safety must be displayed conspicuously in the building.
• Clause 90 ensures residents are updated with changes to their accountable person.
• Clause 95 places three obligations on residents and owners: not acting in ways that create fire or structural risks, refraining from interfering with safety items, and providing relevant information.
• Clause 96 allows accountable persons to issue contravention notices if a resident breaches their obligations, potentially requesting repair or replacement of damaged safety items up to a reasonable amount.
• A complaints process is mandated for both the Building Safety Regulator and accountable persons to address concerns raised by residents.
• Amendment 56 is minor and technical.
• It ensures requests for access by the accountable person are made only to residents aged 16 or over.
• Clause 97 provides means for managing building safety in high-rise buildings.
• Residents aged 16 and over and owners of residential units must comply with three duties under clause 95.
• Clause 98 places a statutory duty on the Building Safety Regulator to enforce part 4 requirements.
• Clause 99 introduces compliance notices to ensure accountability persons comply with safety requirements.
• Clause 100 allows for regulations to enhance the effectiveness of compliance notices.
• Clause 101 provides immediate prosecution power where breaches could cause death or serious injury.
• The clause aims to prevent building safety disasters like Grenfell.
• Minor infringements may attract informal action; more serious breaches formal action such as compliance notices.
• The most serious offences can result in prosecution with a maximum penalty of an unlimited fine and/or up to two years’ imprisonment.
• Clause 103 establishes procedural steps for putting failing buildings into special measures.
• The Building Safety Regulator must notify residents over 16 years old, fire and rescue authorities, and accountable persons.
• A special measures manager is appointed when there has been a serious failure or two or more failures by the accountable person to comply with safety duties.
• The special measures manager's role is similar to that of an accountable person.
• An accountable person can be an individual or an organisation like a council or housing association.
• There are concerns about potential conflicts of interest in the private sector.
• Clause 106 amends section 24 of the Landlord and Tenant Act 1987.
• The clause allows a special measures manager to apply to the first-tier tribunal for an order under section 24 if there is a breach or it is just and convenient.
• Clause 107 gives the tribunal power to amend existing orders, avoiding overlaps with special measures managers.
• Clause 108 provides the tribunal with powers to give directions to ensure compliance with special measures orders.
• Clause 109 establishes procedural steps for varying a special measures order.
• Clause 110 gives the first-tier tribunal powers to vary or discharge special measures orders.
• Clause 111 requires notification of persons about special measures orders, including tenants aged 16 and over.
• Clause 112 sets out a right of appeal for accountable persons who have been served with a compliance notice.
• Clause 113 establishes routes of appeal concerning the registration and certification of higher-risk buildings.
• Clause 114 allows future-proofing by enabling the Secretary of State to create new regulations for appeals in response to regulatory needs as the regime settles over time.
• Amendment addresses disputes between accountable persons under clause 118.
• Clause 119 amends section 24 of the Landlord and Tenant Act 1987 to separate new building safety obligations from general management functions.
• The Building Safety Regulator can appoint a special measures manager if there are persistent or serious breaches of building safety obligations.