Contents
Part 1 · Safety of buildings containing two or more residential units
Chapter 1 · Overview
1Overview of Part#
(1)This section gives an overview of this Part.
(2)This Part makes provision in relation to the safety of buildings containing two or more residential units, which are referred to as “regulated buildings” and divided into 3 categories. It does so mainly by placing duties on the accountable persons, or the principal accountable person, for a regulated building.
(3)In this Part—
(a)some duties apply to all regulated buildings, some apply only to category 1 buildings and category 2 buildings, and others apply only to category 1 buildings;
(b)some duties apply only when a regulated building is “occupied” (meaning that there are residents of more than one residential unit in the building).
(4)Chapter 2 sets out the meanings of some key terms used in this Act. In particular, it makes provision about—
(a)the meaning of references to regulated buildings, residential units and the 3 categories of regulated building;
(b)how to identify an accountable person, and the principal accountable person, for a regulated building.
(5)Chapter 3 provides for the registration of category 1 buildings and category 2 buildings by building safety authorities.
(6)Chapter 4 provides for the assessment and management of safety risks in relation to occupied regulated buildings. It does so by—
(a)placing duties on principal accountable persons to assess fire safety risks, and on accountable persons to manage those risks, which apply to all regulated buildings;
(b)placing duties on accountable persons to assess and manage structural safety risks, which apply only to category 1 buildings and category 2 buildings.
(7)Chapter 5 provides for duties that apply only to occupied category 1 buildings and are imposed mainly on the principal accountable persons for those buildings. They include duties relating to the preparation of reports, the recording and reporting of building safety issues, and strategies for involving residents in building safety decisions.
(8)Chapter 6 enables the Welsh Ministers to make provision about strategies for involving residents of occupied category 2 buildings in building safety decisions.
(9)Chapter 7 provides for duties for accountable persons to keep and share information relating to regulated buildings, and for accountable persons and building safety authorities to deal with complaints relating to building safety issues. It imposes duties, or enables them to be imposed, in relation to all regulated buildings.
(10)Chapter 8 places duties relating to fire safety on adult residents and owners of residential units in occupied regulated buildings. It also imposes corresponding duties relating to structural safety in category 1 buildings and category 2 buildings, and duties to repair damage to the fire resistance of residential units in all occupied regulated buildings. It provides for enforcement of the duties by accountable persons, and for access to residential units to enable compliance with this Part.
(11)Chapter 9 provides for certain decisions of a building safety authority to be subject to review by the authority and appeal to a residential property tribunal.
(12)Chapter 10 contains supplementary provisions, including provision requiring accountable persons to co-operate and co-ordinate with other persons, provision about the recovery of costs incurred or to be incurred in complying with this Part, and provision for terms relating to compliance with duties under this Act to be implied into certain leases.
(13)Further provision for the enforcement of duties under this Act can be found in Part 3.
Chapter 2 · Key terms
General
17Powers to amend this Chapter#
(1)The Welsh Ministers may by regulations amend—
(a)section 2 to provide that in certain circumstances a building wholly or mainly in Wales is a regulated building, despite the building containing only one residential unit;
(b)Schedule 1 to add, remove or amend a description of building;
(c)section 3 to provide that the meaning of “building” includes other structures or erections (temporary or permanent), or parts of them, either generally or in certain circumstances;
(d)section 4;
(f)section 7;
(g)section 8;
(h)section 9;
(i)section 13;
(j)section 14.
(2)Before making regulations under this section, the Welsh Ministers must consult—
(a)each county council and county borough council in Wales,
(b)each fire safety authority, and
(c)such other persons as they consider appropriate.
Accountable persons, principal accountable persons and common parts
8Meaning of “accountable person”#
(1)This section sets out the meaning of “accountable person” for a regulated building for the purposes of this Act.
(2)An accountable person for a building is—
(a)a person who holds a legal estate in possession in the common parts of the building or any part of them, unless subsection (3) applies, or
(b)a person who does not hold a legal estate in any part of the building but who is under a relevant repairing obligation in relation to the common parts of the building or any part of them.
(3)A person (“the estate owner”) who holds a legal estate in possession in the common parts of a building or any part of them (“the relevant common parts”) is not an accountable person for the building by virtue of subsection (2)(a) if—
(a)each long lease under which the estate owner is landlord provides that a particular person, who does not hold a legal estate in any part of the building, is under a relevant repairing obligation in relation to all of the relevant common parts, or
(b)all repairing obligations relating to the relevant common parts which would otherwise be obligations of the estate owner are functions of an RTM company.
(4)Subsection (5) applies if—
(a)a tenant under a lease holds a legal estate in possession in the common parts of a building or any part of them (“the relevant common parts”), and
(b)a landlord under the lease is under a relevant repairing obligation in relation to any of the relevant common parts.
(5)For the purposes of this section and section 9 (meaning of “principal accountable person”)—
(a)the legal estate in possession in so much of the relevant common parts as are within subsection (4)(b) is treated as held by the landlord (instead of the tenant), and
(b)if (and so far as) the landlord’s actual legal estate in those common parts is held under a lease, the legal estate in possession mentioned in paragraph (a) is treated as held under that lease (and, accordingly, subsection (4) and this subsection may apply in relation to it).
(6)If a building is on commonhold land, the commonhold association is the accountable person for the building.
9Meaning of “principal accountable person”#
(1)This section sets out the meaning of “principal accountable person” for a regulated building for the purposes of this Act.
(2)The “principal accountable person” for a building with one accountable person is that accountable person.
(3)The “principal accountable person” for a building with more than one accountable person is the accountable person who—
(4)In subsection (3) (and section 10(1)(b)), “the external structure” of a building means its foundations, external walls and roof except—
(a)any part of the foundations, external walls or roof included in a demise of a residential unit (including a part of the building that would be a residential unit but for regulations made under section 5(6)(a));
(b)the foundations, external walls or roof of any part of the building to be occupied for the purposes of a business or undertaking (whether for profit or not).
(5)Subsection (3) is subject to sections 10 and 11 (determination by building safety authority or residential property tribunal).
13Meaning of “common parts”#
(1)This section sets out the meaning of “common parts” in relation to a regulated building for the purposes of this Act.
(2)“Common parts” means—
(i)any part of the structure and exterior included in a demise of a residential unit (including a part of the building that would be a residential unit but for regulations made under section 5(6)(a));
(b)any other part of the building that—
(ii)is provided for the use, benefit or enjoyment of the residents of more than one residential unit (whether or not it may be used, benefited from or enjoyed by other persons).
(3)The Welsh Ministers may by regulations provide that, in specified circumstances, a part of the structure and exterior of a building forms part of the common parts of the building despite falling within subsection (2)(a)(i).
(a)foundations, external walls, cladding and roof,
(b)internal walls (whether load bearing or not), floors and ceilings,
(c)staircases, walkways and lift shafts,
(d)windows, doors and balconies, and
(e)any other thing specified in regulations made by the Welsh Ministers.
14Other definitions#
(1)In this Chapter—• “the 2002 Act” (“Deddf 2002”) means the Commonhold and Leasehold Reform Act 2002 (c. 15);• “commonhold association” (“cymdeithas cyfunddaliad”) has the meaning given by section 34 of the 2002 Act;• “commonhold land” (“tir cyfunddaliad”) has the meaning given by section 1 of the 2002 Act;• “long lease” (“les hir”) means—(a) a lease granted for a fixed term of more than 21 years from the date of the grant, 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(b) a lease for a term fixed by law because of a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease;• “relevant repairing obligation” (“rhwymedigaeth atgyweirio berthnasol”) in relation to a part of a regulated building means a requirement, under a lease or by virtue of an enactment, to repair or maintain that part;• “RTM company” (“cwmni RTM”) has the same meaning as in Chapter 1 of Part 2 of the 2002 Act (right to manage).
(2)In this Chapter, references to a person who holds a legal estate in possession do not include a person who receives rents and profits or a person who has the right to receive rents and profits.
15Power to make further provision for the purposes of sections 8 and 9#
(1)The Welsh Ministers may by regulations make further provision for the purposes of sections 8 and 9.
(2)The regulations may in particular make provision about—
(a)the meaning of “accountable person” for a regulated building—
(i)that is not on commonhold land, and
(ii)which has no common parts, or no common parts of a description specified in the regulations;
(b)the meaning of “principal accountable person” for a regulated building—
(i)which has no common parts, or no common parts of a description specified in the regulations, or
(ii)for which no accountable person falls within section 9(3).
Regulated buildings, residential units and categories of building
2Meaning of “regulated building”#
(1)In this Act “regulated building” means a building that—
(a)contains at least 2 residential units, and
(b)is wholly or mainly in Wales.
(2)But the meaning of “regulated building” does not include a building of a description set out in Schedule 1.
(3)In this Chapter—
(a)sections 3 and 4 make provision about the meaning of “building” for the purposes of this section;
(b)section 5 makes provision about the meaning of “residential unit”;
(c)section 6 divides regulated buildings into 3 categories;
(d)section 7 provides for ancillary areas to be included in references to a regulated building or to a regulated building of a particular category.
3Meaning of “building”#
(1)This section sets out the meaning of “building” for the purposes of section 2.
(3)In the case of structures that are attached to each other, those structures and any constructions attaching them (together a “set of structures”) are a building.
(4)But subsections (2) and (3) are subject to subsection (5).
(6)In this section “structure” means a roofed construction with walls (whether or not the construction includes parts that do not have a roof or walls).
4Meaning of “independent part”#
(2)A part of an unattached structure or set of structures constitutes a vertical division of the structure or set if—
(a)the structure or set is divided by the part, and
(b)the division is along a vertical plane.
(3)In deciding whether a part (“part A”) of an unattached structure or set of structures constitutes a vertical division of the structure or set, any other part of the structure or set that—
(a)is a part to which part A does not have access,
(b)is a non-residential part, and
(c)would otherwise prevent part A from constituting a vertical division of the structure or set,
is to be treated as if it did not prevent part A from constituting a vertical division of the structure or set.
(4)A part of an unattached structure or set of structures is a non-residential part if it meets both of the following conditions—
(a)it does not contain a residential unit or part of a residential unit;
(b)it does not contain an area, or part of an area, provided for the use, benefit or enjoyment of residents of residential units in the structure or set.
(5)In the case of a part of an unattached structure that—
(a)meets the criterion in subsection (1)(a), and
the part is an independent part.
(6)The Welsh Ministers may by regulations provide that, in circumstances specified in the regulations, a part of an unattached structure or set of structures is an independent part, despite the part not meeting the criteria for being an independent part (as set out in this section).
(7)In this section, “access” means a doorway, archway or similar opening but does not include a doorway, archway or similar opening intended for exceptional use (including emergency use) or use for the purposes of maintenance.
5Meaning of “residential unit”#
(1)This section sets out the meaning of “residential unit” for the purposes of this Act.
(2)A residential unit is—
(a)a dwelling;
(b)a house in multiple occupation (but see subsection (3));
(c)a unit of living accommodation that is not, and is not contained in, a dwelling or house in multiple occupation.
(3)Where a house in multiple occupation that meets the converted building test in section 254 of the 2004 Act contains—
(a)one or more self-contained flats (within the meaning given by that section), and
(b)one or more other units of living accommodation,
each self-contained flat is a separate residential unit and the other living accommodation is one residential unit.
(4)In this section—
(a)“house in multiple occupation” has the meaning given by sections 254 to 259 of the 2004 Act, as those sections have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act), but does not include a converted block of flats to which section 257 of that Act applies;
(b)references to a house in multiple occupation include unoccupied HMO accommodation (within the meaning given by section 1(5) of the 2004 Act).
(5)The Welsh Ministers may by regulations make further provision for the purposes of this section.
(6)The regulations may in particular—
(a)provide that the meaning of residential unit does not include a building, or part of a building, of a description specified in the regulations (whether by reference to how it is used or intended to be used, or any other matter);
(b)make provision about the meaning of “unit of living accommodation”;
(c)make provision about how residential units are to be counted (which may include provision that in circumstances specified in the regulations—
(i)a given number of dwellings, houses in multiple occupation or units of living accommodation is to be counted as a different number of residential units;
(ii)subsection (3) is to apply subject to exceptions or modifications).
(7)Before making regulations under subsection (5), the Welsh Ministers must consult—
(a)each building safety authority,
(b)each fire safety authority, and
(c)such other persons as they consider appropriate.
(8)In this section—• “the 2004 Act” (“Deddf 2004”) means the Housing Act 2004 (c. 34);• “dwelling” (“annedd”) means a building, or part of a building, that is occupied as a separate dwelling or intended to be occupied as a separate dwelling.
6Categories of regulated building#
(1)Regulated buildings are divided into 3 categories for the purposes of this Act.
(2)A regulated building is a category 1 building if it—
(a)is at least 18 metres in height, or
(b)has at least 7 storeys.
(3)A regulated building is a category 2 building if it—
(a)is less than 18 metres in height and has fewer than 7 storeys, and
(b)is at least 11 metres in height or has at least 5 storeys.
(4)A regulated building is a category 3 building if it—
(a)is less than 11 metres in height, and
(b)has fewer than 5 storeys.
(5)For the purposes of this section—
(a)a 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 that is not below ground level;
(b)a storey is below ground level if the whole of the finished surface of the ceiling of the storey is below ground level;
(c)“ground level” means—
(6)The Welsh Ministers may by regulations make further provision for the purposes of this section.
(7)The regulations may in particular—
(a)make provision about how the height or number of storeys of a regulated building is to be determined, which may include requiring that account be taken of parts of a structure or set of structures of which the building forms part;
(b)provide that a regulated building of a description specified in the regulations that would otherwise fall into a category set out in this section falls into a different category.
7Inclusion of ancillary areas in references to regulated buildings#
(1)This section makes provision about the meaning of references in the remaining provisions of this Act to a regulated building (including references to a category 1 building, a category 2 building or a category 3 building).
(3)For the purposes of subsection (2) an ancillary area is provided for the use, benefit or enjoyment of residents of a building whether or not—
(a)it may be used, benefited from or enjoyed by other persons;
(b)it is provided for the exclusive use, benefit or enjoyment of the residents of a particular residential unit or units in the building.
Responsibility of accountable persons for parts of regulated buildings
16Part of regulated building for which accountable person is responsible#
(1)In this Act, references to the part of a regulated building for which an accountable person is responsible have the meaning given by regulations made by the Welsh Ministers.
(2)The regulations may provide that the part of a regulated building for which an accountable person is responsible is the whole of the building.
Part 5 · Supplementary and general
General
133Pre-commencement consultation#
A requirement for consultation imposed by a provision of this Act may be satisfied by consultation carried out before the provision comes into force.
134Regulations requiring provision of information: confidentiality and data protection#
(1)Regulations under sections 39, 49, 50 and 87 may provide that a disclosure of information by a person in accordance with the regulations does not breach—
(a)any obligation of confidence owed by the person in relation to the information, or
(b)any other restriction on the disclosure of information (however imposed).
(2)But see also section 183A of the Data Protection Act 2018 (c. 12) (protection of requirements for processing personal data).
135Regulations under this Act: supplementary and procedural provisions#
(1)A power to make regulations under this Act includes power to make—
(a)consequential, supplementary, incidental, transitional or saving provision;
(b)different provision for different purposes (including different provision for buildings of different descriptions, whether by reference to the categories set out in section 6 or any other matter).
(2)A power to make regulations about the form or way in which any document or other thing is to be given to a building safety authority or fire safety authority includes power to provide that it is to be given in a form or way specified in a direction given and published by the authority in accordance with the regulations.
(3)A power to make regulations under this Act must be exercised by Welsh statutory instrument.
(4)Regulations to which this subsection applies are subject to the Senedd approval procedure.
(5)Subsection (4) applies to regulations under any of the following provisions—
(a)section 4(6);
(b)section 5(5);
(c)section 6(6);
(d)section 13(3);
(e)section 15;
(f)section 16;
(g)section 17 (see also section 77 for further provision about a Welsh statutory instrument containing regulations under section 17);
(h)section 28(2) (see also section 77 for further provision about a Welsh statutory instrument containing regulations under section 28(2));
(i)section 31(2);
(j)section 42(9);
(k)section 46;
(l)section 50;
(m)section 63(4);
(n)section 66;
(o)section 69;
(p)section 75 (see also section 77 for further provision about a Welsh statutory instrument containing regulations under section 75);
(q)section 78(8);
(r)section 84(4);
(s)section 99(7);
(t)Part 4;
(u)paragraph 21(3) of Schedule 2;
(v)paragraph 1(5) of Schedule 4.
(6)Subsection (4) also applies to regulations under section 137(3) that amend or repeal any provision of primary legislation.
(7)Any other regulations under this Act are subject to the Senedd annulment procedure.
(8)In subsection (6) “primary legislation” means—
(a)an Act of Senedd Cymru;
(b)an Assembly Measure;
(c)an Act of the Parliament of the United Kingdom.
136Interpretation#
(1)In this Act—• “accountable person” (“person atebol”), in relation to a regulated building, has the meaning given by section 8;• “adult resident” (“preswylydd sy’n oedolyn”) means a resident aged 18 or over;• “building certificate” (“tystysgrif adeilad”) means a certificate issued under section 44;• “building control approval” (“cymeradwyaeth rheolaeth adeiladu”) has the meaning given by paragraph 1B of Schedule 1 to the Building Act 1984 (c. 55);• “building safety authority (“awdurdod diogelwch adeiladau”), and references to the building safety authority for a regulated building, are to be interpreted in accordance with section 122;• “category 1 building” (“adeilad categori 1”), “category 2 building” (“adeilad categori 2”) and “category 3 building” (“adeilad categori 3”) are to be interpreted in accordance with sections 6 and 7;• “common parts” (“rhannau cyffredin”), in relation to a regulated building, has the meaning given by section 13;• “compliance notice” (“hysbysiad cydymffurfio”) means a notice given under section 96;• “the Crown” (“y Goron”) is to be treated as including the Senedd Commission;• “Crown premises” (“mangreoedd y Goron”) means premises owned, or occupied for any purpose, by the Crown;• “duty holder” (“deiliad dyletswydd”), in relation to a relevant HMO, has the meaning given by section 79;• “enactment” (“deddfiad”) includes any enactment whenever passed or made;• “enforcing authority” (“awdurdod gorfodi”) has the meaning given by section 94(4);• “fire” (“tân”) includes heat, flames, smoke and other gases or substances emitted by a fire;• “fire risk assessment” (“asesiad risg tân”) has the meaning given by section 29(3);• “fire safety authority” (“awdurdod diogelwch tân”), and references to the fire safety authority for a regulated building or a relevant HMO, are to be interpreted in accordance with section 126;• “the Fire Safety Order” (“y Gorchymyn Diogelwch Tân”) means the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541);• “fire safety risk” (“risg diogelwch tân”)—(a) in relation to a regulated building, has the meaning given by section 27(2);(b) in relation to a relevant HMO, has the meaning given by section 80;• “HMO fire risk assessment” (“asesiad risg tân ar dy amlfeddiannaeth”) has the meaning given by section 81(2);• “information notice” (“hysbysiad gwybodaeth”) means a notice given under section 95;• “landlord” (“landlord”), in relation to a relevant HMO, has the meaning given by section 79;• “local housing authority” (“awdurdod tai lleol”) and “the local housing authority” (“yr awdurdod tai lleol”) have the meanings given by section 261 of the Housing Act 2004 (c. 34);• “occupied” (“wedi ei feddiannu”), in relation to a regulated building, means that there are residents of more than one residential unit in the building;• “occurrence recording system” (“system cofnodi achlysuron”) means a system established and operated under section 38;• “owner” (“perchennog”), in relation to a residential unit or any other premises, means a person who—(a) is for the time being receiving the rackrent of the premises, whether directly or through an agent or trustee, or(b) would so receive the rackrent if the premises were let at a rackrent,and for this purpose “rackrent” has the meaning given by section 126 of the Building Act 1984 (c. 55);• “planning permission” (“caniatâd cynllunio”) has the meaning given by section 336(1) of the Town and Country Planning Act 1990 (c. 8);• “principal accountable person” (“prif berson atebol”), in relation to a regulated building, has the meaning given by section 9;• “prohibition notice” (“hysbysiad gwahardd”) means a notice given under section 98;• “registered” (“cofrestredig”), in relation to a category 1 building or a category 2 building, means registered under section 20;• “registered social landlord” (“landlord cymdeithasol cofrestredig”) means a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996 (c. 52);• “regulated building” (“adeilad rheoleiddiedig”) is to be interpreted in accordance with sections 2 and 7;• “relevant HMO” (“tŷ amlfeddiannaeth perthnasol”) is to be interpreted in accordance with section 78;• “resident” (“preswylydd”), in relation to a regulated building or a part of such a building, means a resident of a residential unit in the building or part;• “residential unit” (“uned breswyl”) has the meaning given by section 5;• “residents’ engagement strategy” (“strategaeth ymgysylltu â phreswylwyr”) has the meaning given by section 40(2);• “responsible person” (“person cyfrifol”) has the meaning given by article 3 of the Fire Safety Order;• “safety case report” (“adroddiad achos diogelwch”) has the meaning given by section 37(2);• “special measures manager” (“rheolwr mesurau arbennig”) means a person appointed by a special measures order;• “special measures order” (“gorchymyn mesurau arbennig”) means an order under section 109;• “structural risk assessment” (“asesiad risg strwythurol”) has the meaning given by section 34(2);• “structural safety risk” (“risg diogelwch strwythurol”) has the meaning given by section 27(3).
(2)In this Act, references to the part of a regulated building for which an accountable person is responsible are to be interpreted in accordance with section 16.
(3)The Welsh Ministers may by regulations make provision about the meaning of being a “resident” of a residential unit.
137Consequential and transitional provision etc.#
(1)Schedule 3 contains minor and consequential amendments to enactments.
(2)Schedule 4 contains transitional and saving provisions in connection with the amendments to the Fire Safety Order.
(3)The Welsh Ministers may by regulations—
(a)make provision that is incidental or supplementary to, or consequential on, any provision of this Act;
(b)make transitional or saving provision in connection with any provision of this Act.
(4)Regulations under subsection (3) may amend, repeal or revoke any enactment (including any provision of this Act).
138Coming into force#
(1)The following provisions come into force on the day after the day on which this Act receives Royal Assent—
(a)sections 1 to 9;
(b)sections 13 to 17;
(c)sections 133 to 136;
(d)section 137(3) and (4);
(e)this section;
(f)section 140.
(2)The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by Welsh statutory instrument.
(3)An order under subsection (2) may make transitional or saving provision.
Schedule 1 · Buildings that are excluded from being regulated buildings
(1)A building that is used solely for the purposes of one or more of the following—
(a)the armed forces of the Crown;
(b)a visiting force within the meaning given by Part 1 of the Visiting Forces Act 1952 (c. 67);
(c)an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 (c. 5).
(2)A building that is situated within premises that are used solely for the purposes of the armed forces of the Crown but that is not itself so used.
(3)
(1)A building that is used solely for the provision of secure residential accommodation.
(2)In this paragraph, “secure residential accommodation” includes a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation and premises approved under section 13(1) of the Offender Management Act 2007 (c. 21).
(4)A building that is used solely as one or more of the following–
(a)a health service hospital within the meaning given by section 206 of the National Health Service (Wales) Act 2006 (c. 42);
(b)an independent hospital within the meaning given by section 2 of the Care Standards Act 2000 (c. 14).
(5)A building that is used solely for the provision of a care home service within the meaning given by Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
(6)A building that is used solely as a school within the meaning given by section 4 of the Education Act 1996 (c. 56).
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