Building Safety Act 2022 in Northern Ireland
2022 c. 30 · Enacted 28 April 2022 · Extends to United Kingdom
An Act to make provision about the safety of people in or about buildings and the standard of buildings, to amend the Architects Act 1997, and to amend provision about complaints made to a housing ombudsman.
[28th April 2022]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Introduction
- 1Overview of Act
- Part 2: The regulator and its functions
- Part 3: Building Act 1984
- Miscellaneous and general
- 55Minor and consequential amendments
- 119AMeaning of “connected replacement lease”
- Insolvency of certain persons with an interest in higher-risk and relevant buildings
- 125ANotifications by insolvency practitioners
- New homes ombudsman scheme Not yet in force
- 136Establishment of the new homes ombudsman scheme Not yet in force
- 137The new homes ombudsman scheme Not yet in force
- 138“Relevant owner”, “new build home” and “developer” Not yet in force
- 139Regulations under section 138 Not yet in force
- 140Power to require persons to join scheme and to provide information Not yet in force
- 141Register of members Not yet in force
- 142Developers’ code of practice Not yet in force
- 143Amendment of the Government of Wales Act 2006 Not yet in force
- Construction products
- 146Construction products
- Construction products: costs contribution orders
- 152Costs contribution orders: general definitions
- 153Costs contribution orders made by courts
- 154Costs contribution orders made by the Secretary of State
- 155Costs contribution orders: assessments
- Architects
- 157Architects: discipline and continuing professional development
- 158Architects: Appeals Committee
- 159Architects Registration Board: fees and discharge of functions by a committee
- Part 6: General
- 162Review of regulatory regime
- 163Financial provisions
- 165Application to Parliament
- 166Power of Secretary of State to make consequential provision
- 168Regulations
- 169Extent
- 170Commencement and transitional provision
- 171Short title
- Schedule 5: Minor and consequential amendments in connection with Part 3
- Part 2: Other amendments
- 87Parliamentary Commissioner Act 1967 (c. 13)
- 88Freedom of Information Act 2000 (c. 36)
- Schedule 9: The new homes ombudsman scheme Not yet in force
- 1Appointment of the new homes ombudsman Not yet in force
- 2Membership Not yet in force
- 3Membership Not yet in force
- 4Fees Not yet in force
- 5Fees Not yet in force
- 6Complaints under the scheme: subject matter and procedure Not yet in force
- 7Complaints under the scheme: subject matter and procedure Not yet in force
- 8Complaints under the scheme: investigation and determination Not yet in force
- 9Complaints under the scheme: investigation and determination Not yet in force
- 10Enforcement of determinations Not yet in force
- 11Making of recommendations Not yet in force
- 12Predecessor schemes Not yet in force
- 13Complaints about the scheme Not yet in force
- 14Co-operation Not yet in force
- 15Provision of information Not yet in force
- 16Reports Not yet in force
- Schedule 10: Amendments in connection with the new homes ombudsman scheme Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- Schedule 11: Construction products regulations
- 1Introductory
- 2General safety requirements
- 3Construction products with designated standards or technical assessments
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Safety-critical products
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Enforcement
- 16Costs
- 17Information
- 18Paragraph 18
- 19Paragraph 19
- 20General and supplementary
- 21Paragraph 21
- 22Paragraph 22
- 23Procedure
- 24Interpretation
1Overview of ActI1
This Act has 6 Parts, and contains provisions intended to secure the safety of people in or about buildings and to improve the standard of buildings.
Part 2 contains provision about the building safety regulator and its functions in relation to buildings in England.
Part 3 amends the Building Act 1984.
Amendments made by Part 3—
provide that the regulator is the building control authority in relation to higher-risk buildings in England, and
require the regulator (for England) and the Welsh Ministers (for Wales) to establish and maintain registers of building control approvers and building inspectors.
Part 4 is about occupied higher-risk buildings in England, and imposes duties on accountable persons.
Part 5 contains further provisions, including—
provisions about remediation and redress;
provision requiring a new homes ombudsman scheme to be established;
powers to make provision about construction products;
further provision about fire safety;
provision about the regulation of architects;
provision about housing complaints.
Part 6 contains general provisions.
55Minor and consequential amendmentsI1I2I3I4I5I6I7
Schedule 5 contains—
minor amendments of the Building Act 1984, and
amendments consequential on provision made by this Part.
119AMeaning of “connected replacement lease”F1
For the purposes of section 119 (and this section) a lease (the “new lease”) is a “connected replacement lease” if—
the new lease is a lease of a single dwelling in a relevant building,
the tenant under the new lease is liable to pay a service charge,
the new lease was granted on or after 14 February 2022,
the new lease replaces—
one other lease, which is a qualifying lease (whether under section 119(2) or (3A)), or
two or more other leases, at least one of which is a qualifying lease (whether under section 119(2) or (3A)), and
there is continuity in the property let.
For the purposes of subsection (1)(d), the new lease replaces another lease if—
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
the term of the new lease begins at the end of the term of the other lease (regardless of when the lease is granted).
For the purposes of subsection (2)(a), the circumstances in which the new lease is granted in substitution of another lease include circumstances where—
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);
the new lease is granted under—
section 24 of the Landlord and Tenant Act 1954 (renewed business leases),
section 14 of, or Schedule 1 to, the Leasehold Reform Act 1967 (extension of leases of houses), or
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.
For the purposes of subsection (1)(e) there is continuity in the property let if—
the newly let property is exactly the same as the already let property,
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
the newly let property consists of some, but not all, of the already let property (but no other property) (a “property reduction”).
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.
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.
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.
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.
For the purposes of sections 122 to F2124 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—
began when the term of the initial qualifying lease in that chain began, and
ends when the term of the current connected replacement lease in that chain ends.
The Secretary of State may by regulations make provision about the meaning of “connected replacement lease” (including provision changing the meaning).
The provision that may be made in regulations under this section includes—
provision which amends this section;
provision which has retrospective effect.
Provision in regulations under this section made by virtue of section 168(2)(a) (consequential provision etc) may (in particular) amend this Act.
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—
- (a)
an initial qualifying lease which is the preceding qualifying lease in relation to a connected replacement lease (the “first replacement lease”),
- (b)
the first replacement lease, and
- (c)
any other connected replacement lease if the preceding qualifying lease in relation to it is—
- (i)
the first replacement lease, or
- (ii)
any other connected replacement lease which is in the chain of qualifying leases;
- (i)
and a chain of qualifying leases may accordingly consist of different leases at different times (if further connected replacement leases are granted);
- (a)
“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—
- (a)
in a case within subsection (1)(d)(i), the lease which the new lease replaces;
- (b)
in a case within subsection (1)(d)(ii), a lease which—
- (i)
the new lease replaces, and
- (ii)
is a qualifying lease.
- (i)
- (a)
The definitions in section 119(4) also apply for the purposes of this section.
125ANotifications by insolvency practitionersF1
This section applies if an insolvency practitioner is appointed in relation to a responsible person for a higher-risk building or a relevant building.
For the purposes of this section, a person is “a responsible person” for a building if—
in the case of a higher-risk building, the person is an accountable person for the building (see section 72 for the meaning of “accountable person” for a higher-risk building);
in the case of a relevant building that is not a higher-risk building, the person would be an accountable person for the building if section 72 were read as applying to such a building (and as if the reference in that section to a residential unit were a reference to a dwelling).
The insolvency practitioner must give the information in subsection (6) (“the required information”) to—
the local authority for the area in which the building for which the person is a responsible person is situated, or (if applicable) each local authority in whose area a building for which the person is a responsible person is situated, and
the fire and rescue authority for the area in which the building for which the person is a responsible person is situated, or (if applicable) each fire and rescue authority in whose area a building for which the person is a responsible person is situated.
If the insolvency practitioner is appointed in relation to an accountable person for a higher-risk building, the practitioner must also give the required information to the regulator.
The required information must be provided within the period of 14 days beginning with the day on which the insolvency practitioner is appointed.
The information is as follows—
the name and address of the person in relation to whom the insolvency practitioner is appointed;
the address of each higher-risk building or relevant building for which the person is a responsible person (but see subsection (7));
an official copy of the register of title and title plan relating to each registered estate or interest the person holds in such a building, if any (but see subsection (7));
the nature of the practitioner’s appointment;
the practitioner’s name, address, telephone number and email address (if any);
so much of the information set out in the table in rule 1.6 of the Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024) as is known to the practitioner.
A local authority or fire and rescue authority need only be notified about buildings, or registered estates or interests in buildings, in their area.
In this section “insolvency practitioner” means—
an administrator;
an administrative receiver;
a receiver appointed by the courts or by a mortgagee;
a liquidator;
a trustee in bankruptcy.
In this section—
“fire and rescue authority” has the meaning given by section 30;
“higher-risk building” has the same meaning as in Part 4 (see section 65);
“local authority” has the meaning given by section 30;
“register of title” means the register kept under section 1 of the Land Registration Act 2002;
“the regulator” has the meaning given by section 2;
“relevant building” has the meaning given by section 117;
“title plan” means a plan based on the Ordnance Survey map and referred to in the register of title.
136Establishment of the new homes ombudsman schemeI1
The Secretary of State must make arrangements for there to be a scheme, to be known as the “new homes ombudsman scheme”, which meets the conditions in section 137(1).
Examples of arrangements under subsection (1) are arrangements—
with another person under which that other person agrees to establish and maintain the new homes ombudsman scheme in accordance with the terms of the arrangements,
under which the new homes ombudsman scheme is established and maintained by (or on behalf of) the Secretary of State, or
for the maintenance of the new homes ombudsman scheme, in accordance with the terms of the arrangements, by a person other than the person who established it.
The Secretary of State may—
give financial assistance (by way of grant, loan, guarantee or in any other form) to a person for the establishment or maintenance of the new homes ombudsman scheme;
make payments to such a person (otherwise than as financial assistance) in accordance with arrangements under subsection (1).
Before making arrangements under subsection (1), the Secretary of State must consult—
the Welsh Ministers,
the Scottish Ministers, and
the relevant Northern Ireland department.
In this section, “the relevant Northern Ireland department” means—
the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or
failing such a designation, the Executive Office in Northern Ireland.
137The new homes ombudsman schemeI1
The conditions referred to in section 136(1) are that—
membership of the scheme is open to all developers,
the scheme enables qualifying complainants to have complaints against members of the scheme investigated and determined by an independent individual, and
the scheme contains the provisions required by Schedule 9.
A “qualifying complainant” is a person who, at the time the complaint is made, is a relevant owner of a home which, at that time, is a new build home.
The individual who is to investigate and determine complaints under the scheme is to be known as “the new homes ombudsman”.
The scheme may also include provision for persons other than qualifying complainants to have complaints against members of the scheme investigated and determined under the scheme.
The scheme may provide that the new homes ombudsman is not required to investigate a complaint if the new homes ombudsman is satisfied that the complaint (or a complaint which is materially the same) is being, or has been, dealt with under another redress scheme or in legal proceedings.
In this section, “redress scheme” means a scheme under which complaints may be made to, and investigated and determined by, an independent person.
Schedule 9 contains further provision about the new homes ombudsman scheme.
Schedule 10 contains amendments connected with the establishment of the new homes ombudsman scheme.
138“Relevant owner”, “new build home” and “developer”I1
This section provides for the meaning of terms used in section 137 (and in this section).
A person is a “relevant owner” of a home if the person—
is an individual,
has a relevant interest in land that includes the home, and
meets the occupation condition.
A person meets the occupation condition if the person—
occupies the home, or
is the landlord under a lease of land that includes the home granted for a term not exceeding 21 years to another individual for that individual’s occupation of the home.
In relation to a home in Scotland or Northern Ireland, subsection (3) has effect as if in paragraph (b) the words “for a term not exceeding 21 years” were omitted.
A home is a “new build home” if—
the home is, or is contained in—
a building the construction of which began after the coming into force of this section, or
a building that has been converted, or to which any other works have been carried out, so that it consists of or contains the home, where the conversion or works began after the coming into force of this section,
there is a person who is, or was, a developer in relation to the home, and
no more than two years have elapsed since the first acquisition, by any person, of a relevant interest in land that includes the home from the person mentioned in paragraph (b).
“Relevant interest” means—
in relation to land in England or Wales, a legal estate which is—
an estate in fee simple absolute in possession, or
a term of years absolute granted for a term of more than 21 years from the date of the grant;
in relation to land in Scotland, the interest of an owner of land;
in relation to land in Northern Ireland, a legal estate which is—
an estate in fee simple absolute in possession,
an estate in fee simple in possession subject to a rent payable under a fee farm grant, or
a term of years absolute granted for a term of more than 21 years from the date of the grant.
A “developer” is a person—
who undertakes or commissions—
the construction of a new building that is to consist of or contain a home,
the conversion of, or carrying out of any other works to, an existing building so that it consists of or contains a home, or
the conversion of, or carrying out of any other works to, an existing building so as to alter the number of homes contained in it,
with a view to granting, or disposing of, a relevant interest in land that includes the home or, in a case falling within sub-paragraph (iii), any of the homes, or
who is of a description specified in regulations made by the relevant national authority.
Regulations under subsection (7)(b) may, among other things, specify a description of persons by reference to a connection with a person mentioned in subsection (7)(a).
In subsection (7)(b), “the relevant national authority” means—
in relation to homes in England, the Secretary of State,
in relation to homes in Wales, the Welsh Ministers,
in relation to homes in Scotland, the Scottish Ministers, and
in relation to homes in Northern Ireland, the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly.
Before making regulations under subsection (7)(b), the relevant national authority must consult each other person who is the relevant national authority in relation to regulations under that subsection.
If no Northern Ireland department has been designated for the purposes of this section then, for the purposes of subsection (10), “the relevant national authority” in relation to homes in Northern Ireland is the Executive Office in Northern Ireland.
“Home” means a private residence.
“Occupies” means occupies as a private residence (and “occupation” is to be construed accordingly).
139Regulations under section 138I1
The power to make regulations under section 138(7)(b) is exercisable—
in the case of regulations made by the Secretary of State or the Welsh Ministers, by statutory instrument, and
in the case of regulations made by a Northern Ireland department, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(For regulations under section 138(7)(b) made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
Regulations under section 138(7)(b)—
may make different provision for different purposes;
may contain consequential, supplementary, incidental, transitional or saving provision.
Regulations under section 138(7)(b)—
if made by the Secretary of State, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;
if made by the Welsh Ministers, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;
if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
140Power to require persons to join scheme and to provide informationI1
The Secretary of State may by regulations—
require persons who are developers, or developers of a specified description, to become members of the new homes ombudsman scheme;
require persons who are required to become members of the scheme under paragraph (a) to remain members of the scheme for a period specified in the regulations (even if they are no longer developers);
require members of the scheme to inform persons of a specified description of the scheme;
make provision for civil sanctions to be imposed in respect of a breach of a requirement imposed by regulations under paragraph (a), (b) or (c);
make provision for the investigation of suspected breaches of such a requirement.
In this subsection, “developer” has the meaning given in section 138 and “specified” means specified in the regulations.
Before making regulations under subsection (1), the Secretary of State must consult—
the Welsh Ministers,
the Scottish Ministers, and
the relevant Northern Ireland department.
Provision made by virtue of subsection (1)(a) may provide for exceptions to the requirement to become a member of the scheme.
Provision made by virtue of subsection (1)(a) or (b) may require persons who are members of the new homes ombudsman scheme to—
obtain a certificate confirming their membership of the scheme;
display or publish the certificate in accordance with the regulations;
produce a copy of the certificate, on request, in accordance with the regulations.
Provision made for the imposition of a civil sanction by virtue of subsection (1)(d) must include—
provision for appeals to a court or tribunal against the imposition of the sanction, and
such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.
Provision made by virtue of subsection (1)(d) or (e) may—
confer functions on a person (including functions involving the exercise of a discretion);
require a person on whom functions are so conferred to have regard to any relevant guidance issued by the Secretary of State relating to the exercise of those functions.
The Secretary of State may make payments to a person on whom functions are conferred by virtue of subsection (6).
In this section, “the relevant Northern Ireland department” means—
the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or
failing such a designation, the Executive Office in Northern Ireland.
141Register of membersI1
The person who maintains the new homes ombudsman scheme must keep a register of persons who are members of the scheme.
The register must be made available for inspection by members of the public at all reasonable times.
142Developers’ code of practiceI1
The Secretary of State may issue or approve a code of practice about the standards of conduct and standards of quality of work expected of members of the new homes ombudsman scheme.
The Secretary of State may from time to time revise or replace the code or approve its revision or replacement.
The Secretary of State must ensure that the current version of the code is published.
The Secretary of State must consult the Welsh Ministers, the Scottish Ministers and the relevant Northern Ireland department before—
issuing, revising or replacing the code, or
approving the code or a revision or replacement of it.
In this section, “the relevant Northern Ireland department” means—
the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or
failing such a designation, the Executive Office in Northern Ireland.
143Amendment of the Government of Wales Act 2006I1
In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 10(2), at the end insert—
“(o)the new homes ombudsman.”
146Construction productsI1
Schedule 11 contains provision for regulations relating to construction products.
152Costs contribution orders: general definitionsI1
In this section and sections 153 to 155—
“the 2011 Regulation” means Regulation (EU) No. 305/2011 (regulation laying down harmonised conditions for the marketing of construction products);
“the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465);
“the 2020 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359);
“construction product”—
- (a)
in relation to a construction product requirement under construction products regulations, has the meaning specified in those regulations;
- (b)
in relation to a construction product requirement under the 2011 Regulation, has the meaning specified in the 2011 Regulation (or, in Northern Ireland, in the 2011 Regulation as having effect in EU law from time to time);
- (c)
in relation to a construction product requirement under the 2019 Regulations, has the meaning specified in the 2011 Regulation as it had effect immediately before IP completion day;
- (d)
in relation to a construction product requirement under the 2020 Regulations, has the meaning given by regulation 2 of those Regulations;
- (a)
“construction products regulations” means regulations under paragraph 1 of Schedule 11;
“construction product requirement”, in England and Wales or Scotland, means a requirement under—
- (a)
construction products regulations,
- (b)
the 2011 Regulation, or
- (c)
the 2019 Regulations;
- (a)
“construction product requirement”, in Northern Ireland, means a requirement under—
- (a)
construction product regulations,
- (b)
the 2011 Regulation as having effect from time to time in EU law,
- (c)
the 2019 Regulations, or
- (d)
the 2020 Regulations;
- (a)
references to an “interest” in a building or dwelling include—
- (a)
in England and Wales, any legal or equitable interest in the building or dwelling;
- (b)
in Scotland, any right or interest (including a servitude or heritable security) in or over the building or dwelling;
- (c)
in Northern Ireland, any estate within the meaning given by section 45(2) of the Interpretation Act (Northern Ireland) 1954 in the building or dwelling;
- (a)
“relevant building” means—
- (a)
a building which consists of a dwelling, or
- (b)
a building which contains two or more dwellings;
- (a)
“requirement” includes a prohibition or restriction.
153Costs contribution orders made by courtsI1
The Secretary of State may by regulations make provision for courts to make costs contribution orders on the application of the Secretary of State.
The regulations may only make provision for the making of costs contribution orders under this section in cases where—
Conditions A to D are met, and
any prescribed conditions are met.
Condition A is that a person (“the defaulter”) is convicted of an offence consisting of a failure to comply with a construction product requirement in relation to a construction product.
Condition B is that, after the failure to comply referred to in subsection (3), the construction product is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
Condition C is that, when those works are completed—
in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
Condition D is that the failure to comply referred to in subsection (3) was the cause, or one of the causes, of the building or dwelling being unfit for habitation.
A “costs contribution order” under this section is an order requiring the defaulter to pay an amount to a person with a prescribed interest in the building or any dwelling contained in the building.
Regulations under this section must provide for the amount to be paid to a person under a costs contribution order under this section to be such amount as the court making the order considers just and equitable in respect of the costs that the person has reasonably incurred, or in the view of the court is likely to reasonably incur, in respect of works to make the building or dwelling fit for habitation.
The regulations may make provision as to the matters which may or must be taken into account by a court in determining—
whether, against whom and in favour of whom to make a costs contribution order under this section;
the amount required to be paid by a person under a costs contribution order under this section.
The regulations may make provision in relation to—
enforcement of a costs contribution order under this section;
court powers to order the defaulter to pay—
any costs incurred by the Secretary of State under regulations under section 155 (assessments) in respect of the application, and
any costs incurred by the Secretary of State in making the application.
The regulations may make provision about how a costs contribution order under this section relates to other remedies, including in particular—
provision to secure that, taking a costs contribution order under this section together with other remedies—
a person does not incur liability more than once in respect of the same costs;
a person is not entitled to be reimbursed more than once for the same costs;
provision preventing a person to whom any amount is payable under a costs contribution order under this section from pursuing any other legal remedy for the recovery of such an amount.
In this section “prescribed” means prescribed by regulations under this section.
154Costs contribution orders made by the Secretary of StateI1
The Secretary of State may by regulations make provision for the Secretary of State to make costs contribution orders.
The regulations may only make provision for the making of costs contribution orders in cases where—
Conditions A to D are met, and
any prescribed conditions are met.
Condition A is that a person (“the defaulter”) is convicted of an offence consisting of a failure to comply with a construction product requirement in relation to a construction product.
Condition B is that, after the failure to comply referred to in subsection (3), the construction product is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.
Condition C is that, when those works are completed—
in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
Condition D is that the failure to comply referred to in subsection (3) was the cause, or one of the causes, of the building or dwelling being unfit for habitation.
A “costs contribution order” under this section is an order requiring the defaulter to make a payment to a person with a prescribed interest in the building or any dwelling contained in the building.
Regulations under this section must provide for the amount to be paid to a person under a costs contribution order under this section to be such amount as the Secretary of State considers just and equitable in respect of the costs that the person has reasonably incurred, or in the view of the Secretary of State is likely to reasonably incur, in respect of works to make the building or dwelling fit for habitation.
The regulations may make provision as to the matters which may or must be taken into account by the Secretary of State in determining—
whether, against whom, and in favour of whom, to make a costs contribution order under this section;
the amount required to be paid by a person under a costs contribution order under this section.
The regulations may make provision for the Secretary of State to issue a warning notice to a person before determining whether to make a costs contribution order under this section against that person.
The regulations may make provision requiring that a costs contribution order under this section—
be made in a prescribed form;
contain prescribed information.
The regulations may make provision about service of a costs contribution order under this section including—
how an order is to be served;
when an order is to be taken as having been served;
the persons on whom an order must be served.
The regulations may make provision in relation to—
enforcement of a costs contribution order made under this section (including enforcement by the Secretary of State);
powers of the Secretary of State to order the defaulter to pay any costs incurred by the Secretary of State under section 155 in respect of a costs contribution order under this section.
The regulations may make provision about how a costs contribution order under this section relates to other remedies, including in particular—
provision to secure that, taking a costs contribution order under this section together with other remedies—
a person does not incur liability more than once in respect of the same costs;
a person is not entitled to be reimbursed more than once for the same costs;
provision preventing a person to whom any amount is payable under a costs contribution order under this section from pursuing any other legal remedy for the recovery of such an amount.
The regulations may make provision for persons to apply to the Secretary of State for a review of a costs contribution order under this section.
The regulations may make provision for appeals to a court or tribunal in relation to—
a decision of the Secretary of State to make or not make a costs contribution order under this section;
a refusal by the Secretary of State to review a costs contribution order under this section;
the outcome of a review by the Secretary of State of a costs contribution order under this section.
The regulations may in particular include provision suspending a requirement to pay an amount due under a costs contribution order under this section pending the determination or withdrawal of an appeal or the determination of a review.
In this section “prescribed” means prescribed by regulations under this section.
155Costs contribution orders: assessmentsI1
For the purposes of sections 153 and 154, the Secretary of State may by regulations make provision for the Secretary of State to appoint persons to assess—
whether the conditions for the imposition of a costs contribution order under either of those sections are met;
the works required to make a building or dwelling fit for habitation;
what interest a person has in a building or dwelling;
the costs that a person has reasonably incurred or is likely to reasonably incur in respect of works referred to in paragraph (b);
the amount that a person should be required to pay under a costs contribution order.
The regulations may include provision about the criteria to be met by a person before they may be appointed as an assessor.
The regulations may make provision about assessments, including provision—
conferring power on an assessor to require that persons provide such information as the assessor may reasonably require for the purposes of an assessment;
for the provision of information by an assessor to the Secretary of State (including any information provided under paragraph (a)).
Regulations under subsection (3)(a) may include provision for criminal offences relating to a failure to provide information, or to the provision of false or misleading information.
Regulations under subsection (3)(a) creating a criminal offence must have the effect that—
the offence is—
triable summarily only, or
triable summarily or on indictment,
the offence is punishable only—
with a fine, or
with a term of imprisonment or a fine (or both),
where the offence is triable summarily only, any fine with which the offence is punishable in Scotland or Northern Ireland does not exceed level 5 on the standard scale,
where the offence is triable summarily or on indictment, any fine with which the offence is punishable on summary conviction in Scotland or Northern Ireland does not exceed the statutory maximum, and
any term of imprisonment with which the offence is punishable on summary conviction does not exceed—
in England and Wales, the relevant period,
in Scotland, 12 months, and
in Northern Ireland, 6 months.
In subsection (5)(e)(i), “the relevant period” means—
in relation to an offence that is triable summarily only—
where the offence is committed before the coming into force of section 281 of the Criminal Justice Act 2003, 6 months, and
where the offence is committed after that time, 51 weeks;
in relation to an offence that is triable summarily or on indictment—
where the offence is committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, 6 months, and
where the offence is committed after that time, 12 months.
Regulations under subsection (3)(b) may make provision for the purpose of securing that there is (taking into account any power or duty to provide information under the regulations) no contravention of the data protection legislation.
In subsection (7), “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
157Architects: discipline and continuing professional developmentI1
The Architects Act 1997 is amended as follows.
In section 3 (the register), after subsection (2) insert—
“(2A)The Register shall show disciplinary orders made in relation to a registered person for such period as may be prescribed.”
In section 9 (competence to practise)—
in subsection (1), in the words after paragraph (c), after “practical experience” insert “or undertaken such recent training”,
after subsection (1) insert—
“(1A)Before prescribing recent practical experience or training for the purposes of subsection (1), the Board shall consult the bodies representative of architects which are incorporated by royal charter and such other professional and educational bodies as it thinks appropriate.”, and
after subsection (2) insert—
“(3)Where the Board decides that the name of a person to whom paragraph (b) of subsection (1) applies is by virtue of that subsection to be removed from Part 1 of the Register—
(a)the person shall be entitled to apply to the Board within a prescribed period for an extension of time to gain the prescribed experience or undertake the prescribed training or to otherwise satisfy the Board of the person’s competence to practise, and
(b)the Board shall not remove the name of the person from the Register unless—
(i)the person has not made an application for an extension of time within the prescribed period,
(ii)an extension of time granted by the Board has expired and the Board is not satisfied that the person has gained the prescribed experience or undertaken the prescribed training or is otherwise competent to practise, or
(iii)the Board has decided not to grant an extension of time in respect of an application made by the person.
(4)For the purposes of this section, a person is competent to practise if the person has the skills, knowledge, experience and behaviours required for a person to practise as an architect.”
158Architects: Appeals CommitteeI1
The Architects Act 1997 is amended as follows.
In section 1 (the Board)—
after subsection (2) insert—
“(2A)There is to be an Appeals Committee of the Board.”;
after subsection (4) insert—
“(4A)Part 2A of that Schedule makes provision about the Appeals Committee.”
In section 4 (registration: general)—
in subsection (4)(b) for “refer the application to the Board” substitute “refuse the application”;
in subsection (6)—
omit “(4) or”;
for the words from “direct” to the end substitute
“—
(a)direct the Registrar to enter the person’s name in the Register if it is satisfied that the person is entitled to be registered, or
(b)direct the Registrar to refuse the application if it is not so satisfied.”
In section 6(4B) (notice of refusal of application) for the words from “in the case” to “section 4(2A)” substitute “of an application”.
In section 9 (competence to practise) after subsection (2) insert—
“(2A)A notice under subsection (2) must state reasons for the decision.”
In Part 5 (general and supplementary) before section 22 insert—
“Appeals to the Appeals Committee
21A(1)A person may appeal to the Appeals Committee against—
(a)a decision to refuse the person’s application for registration, or
(b)if the person is a person to whom paragraph (b) of section 9(1) applies, a decision to remove or not to re-enter the person’s name in the Register as a result of section 9(1).
(2)The Board may make rules about appeals to the Appeals Committee, including in particular rules about—
(a)the period within which any appeal must be made;
(b)the way in which an appeal is to be made or withdrawn;
(c)the fee that must be paid on the making of an appeal (including circumstances in which that fee may or must be refunded);
(d)the procedure to be followed by the Appeals Committee in relation to an appeal;
(e)the effect of the making of an appeal, pending its determination, on the decision appealed against.
(3)On the determination of an appeal, the Appeal Committee may make any decision that could have been made by the person who made the decision appealed against.
(4)The Appeals Committee must, within the prescribed period after determining a person’s appeal, serve on the person written notice of the decision made on that determination.”
In section 22 (appeals)—
in subsection (1)—
for paragraph (a) substitute—
“(a)a decision of the Appeals Committee under section 21A, on an appeal made by the person;”;
for paragraph (c) substitute—
“(c)the person’s name not being re-entered in the Register under section 18 as a result of section 9(1);”;
in subsection (2) omit “Subject to subsection (3),”;
omit subsection (3);
in the heading at the end insert “to the court”.
In section 24(2) (service of documents) for “or 15(3)” substitute “, 15(3) or 21A(4)”.
In Schedule 1 (the Board and its committees) after Part 2 insert—
“Part 2a
The appeals committee
17B(1)The Board may make rules about—
(a)the composition of the Appeals Committee;
(b)the selection and term of office of members of the Appeal Committee (including casual vacancies);
(c)the meetings and procedure (including chairing and quorum) of the Appeal Committee;
(d)votes of the Appeal Committee (including providing for a casting vote and the way in which it is to be exercised).
(2)Before making rules about the composition of the Appeals Committee, the Board must consult the Secretary of State.”
In Part 4 of that Schedule (general provisions), after “Professional Conduct Committee”, in each place it occurs, insert “, the Appeals Committee”.
159Architects Registration Board: fees and discharge of functions by a committeeI1
In the Architects Act 1997, after section 24 insert—
“Fees
24A(1)The Secretary of State may make regulations for, and relating to, the charging of fees by the Board in respect of services which it provides.
(2)Regulations under this section may in particular make provision about—
(a)the services, or types of services, in respect of which the Board may charge a fee;
(b)the persons who are liable to pay a fee;
(c)how fees charged by the Board are to be calculated;
(d)how fees charged by the Board are to be paid.
(3)In this section, a “service”—
(a)includes any exercise by the Board of its power to prescribe qualifications for the purposes of section 4(1)(a);
(b)does not include any service in respect of which a fee may be prescribed under any other provision of this Act.
(4)Regulations under this section are to be made by statutory instrument.
(5)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
In Schedule 1 to that Act (the Board and its committees), in paragraph 18(2)(b) (functions of the Board which may not be discharged by a committee) for “4(1) or (2)” substitute “4(2)”.
In consequence of the amendment made by subsection (2), in section 11(5) of the Professional Qualifications Act 2022 for the words from “after” to the end substitute “for “4(2)” substitute “4(1A) or (2)”.”
162Review of regulatory regimeI1
The Secretary of State must appoint an independent person to carry out a review of—
the effectiveness of the regulator in—
exercising its building functions,
securing the safety of people in or about buildings in relation to risks arising from buildings, and
improving the standard of buildings,
the adequacy and effectiveness of—
provision made by or under the Building Act 1984 (except section 105C) that applies in relation to England,
the effectiveness of the regulation of construction products in the United Kingdom,
such matters connected with any of the matters mentioned in paragraphs (a) to (c) as the person considers appropriate, and
any other matter specified in the appointment.
On completion of a review, the appointed person must make a written report to the Secretary of State—
setting out the result of the review, and
making such recommendations (if any) as the person considers appropriate.
The Secretary of State must publish a copy of the report.
The first appointment must be made within the period of 5 years beginning with the day on which this Act is passed.
Any other appointment must be made within the period of 5 years beginning with the day on which the most recent appointment was made.
In this section—
-
“building function” has the meaning given by section 3;
-
“independent” means appearing to the Secretary of State to be independent of—
- (a)
the Secretary of State,
- (b)
the regulator,
- (c)
the profession of registered building inspectors,
- (d)
the built environment industry (as defined by section 30),
- (e)
persons carrying on activities connected with the manufacture, importation, marketing or supply of construction products (as defined by paragraph 24 of Schedule 11), and
- (f)
local authorities (as so defined);
- (a)
-
“the regulator” has the meaning given by section 2.
163Financial provisionsI1
There is to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by the Secretary of State, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
165Application to ParliamentI1
The following provisions do not apply in relation to the Parliamentary Estate—
sections 99, 100 and 103 (compliance notices under Part 4);
paragraphs 1 to 3 of Schedule 2 (powers of entry of authorised officers).
If the Palace of Westminster (or any part of it) is a higher-risk building within the meaning of Part 4, for the purposes of that Part the accountable persons for the building are the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons, acting jointly.
Subsection (3) does not affect the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).
In subsection (3) “Corporate Officer” means—
the Corporate Officer of the House of Lords,
the Corporate Officer of the House of Commons, or
the Corporate Officers acting jointly.
In this section “Parliamentary Estate” means any building or other premises occupied for the purposes of either House of Parliament.
166Power of Secretary of State to make consequential provisionI1
The Secretary of State may by regulations make provision that is consequential on this Act.
The regulations may amend, repeal or revoke provision made by or under—
an Act passed before this Act;
an Act passed later in the same session of Parliament as this Act.
Regulations under this section may not make provision that may be made under section 167.
168RegulationsI1
This section applies to regulations under any provision of this Act except—
section 167 (power of Welsh Ministers to make consequential provision),
section 170 (commencement and transitional provision), and
Schedule 11 (construction products regulations).
A power to make regulations includes power to make—
consequential, supplementary, incidental, transitional, transitory or saving provision;
different provision for different purposes or for different areas.
Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic.
A power to make regulations about the way in which anything is to be given to the regulator (as defined by section 2) includes power to provide that the thing is to be given in a way specified in a direction made and published by the regulator in accordance with the regulations.
Regulations are to be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision)—
regulations under section 12, 62, 65(5), 68, 71, 72, 74, F1119A, 123, 126, 128, 129 or 140 or paragraph 6 of Schedule 3 or paragraph 2(12), 13(10) or 15(4) of Schedule 7 or paragraph 3(5), 12 or 15 of Schedule 8,
regulations under section 89 (except regulations only making provision of a kind mentioned in section 89(2)),
regulations under section 92 (except regulations only making provision of a kind mentioned in section 92(3)),
regulations under sections 153 to 155, or
regulations under section 166 that amend or repeal provision made by an Act,
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any other statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
169ExtentI1
Subject as follows, this Act extends to England and Wales only.
The following provisions extend to England and Wales, Scotland and Northern Ireland—
paragraphs 87 and 88 of Schedule 5 (and section 55 so far as relating to those paragraphs);
sections 136 to 143 and Schedule 9 (new homes ombudsman scheme);
section 146 and Schedule 11 (construction products);
sections 152 to 155 (costs contribution orders);
section 157 to 159 (architects);
this Part except section 161, 164 and 167.
Section 2(2) and Schedule 1 (amendments of the Health and Safety at Work etc Act 1974) extend to England and Wales and Scotland.
The amendments made by Schedule 10 (amendments in connection with the new homes ombudsman scheme) have the same extent as the provision amended.
Sections 147 to 149 (liability relating to construction products) extend to England and Wales and Scotland.
Section 151 (liability relating to construction products: limitation in Scotland) extends to Scotland only.
The Secretary of State may by regulations—
provide for the provisions mentioned in subsection (5) to extend also to Northern Ireland, and
make provision (including provision amending this Act or any other enactment) in relation to the application of the provisions mentioned in subsection (5) in Northern Ireland.
170Commencement and transitional provisionI1
Parts 2 and 4, except the provisions mentioned in subsection (1), come into force—
for the purposes of making regulations, on the day on which this Act is passed;
for remaining purposes, on such day as the Secretary of State may by regulations appoint.
The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
sections 116 to 125 and Schedule 8;
section 134;
section 135;
section 146 and Schedule 11;
sections 147 to 155;
sections 157 to 159.
As regards Part 3 and section 156—
the following provisions come into force on such day as the Welsh Ministers may by regulations appoint—
section 31 so far as relating to section 120I of the Building Act 1984;
section 32(3) so far as relating to section 91ZD of that Act;
paragraph 56 of Schedule 5 (and section 55 so far as relating to that paragraph);
paragraph 77 of that Schedule so far as relating to section 120C of the Building Act 1984 (and section 55 so far as relating to that section);
the following provisions come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations appoint—
section 32 except subsection (3) of that section;
section 33 except so far as relating to paragraph 1D(3) of Schedule 1 to the Building Act 1984;
sections 34 to 41;
section 42 except so far as relating to section 58Z2, 58Z7 or 58Z10 of the Building Act 1984;
section 43 and Schedule 4;
sections 44 to 52;
section 53 except subsection (1) of that section;
section 55 and Schedule 5 except—
paragraphs 38 and 87 to 89 of that Schedule (and section 55 so far as relating to those paragraphs);
paragraph 77 of that Schedule so far as relating to section 120B of the Building Act 1984 (and section 55 so far as relating to that section);
section 56 and Schedule 6 except paragraphs 7 and 29 of that Schedule (and section 56 so far as relating to those paragraphs);
section 57;
section 156 except subsection (8) of that section so far as relating to Article 22B of the Regulatory Reform (Fire Safety) Order 2005;
subject to that, Part 3 and section 156 come into force on such day as the Secretary of State may by regulations appoint.
The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
Regulations under subsection (4)(a) or (b) may make transitional or saving provision.
The powers to make regulations under this section include power to make different provision for different purposes or for different areas.
Regulations under this section are to be made by statutory instrument.
171Short titleI1
This Act may be cited as the Building Safety Act 2022.
87Parliamentary Commissioner Act 1967 (c. 13)I1I2
In Schedule 2 to the Parliamentary Commissioner Act 1967, omit the entry relating to the Building Regulations Advisory Committee for England.
88Freedom of Information Act 2000 (c. 36)I1I2
In Schedule 1 to the Freedom of Information Act 2000, in Part 6 omit the entry relating to the Building Regulations Advisory Committee for England.
1Appointment of the new homes ombudsmanI1
The scheme must include provision about the appointment of the new homes ombudsman.
2MembershipI1
The scheme must include provision about the procedure for becoming and remaining a member of the scheme.
That provision may include—
a requirement to pay a fee;
a requirement to provide information;
a requirement to have internal procedures in place for the handling and resolution of complaints about matters in relation to which complaints may be made under the scheme.
If the scheme includes a requirement mentioned in sub-paragraph (2)(c), it must also include a requirement to publish the procedures.
3MembershipI1
The scheme may provide for different categories of member and the provision mentioned in paragraph 2 (including provision about fees) may differ as between such categories.
4FeesI1
The fees payable by a member may be calculated by reference to the total of the costs incurred, or to be incurred, in the operation of the scheme (including costs unconnected with the member in question).
5FeesI1
Where a scheme is maintained by a person other than—
the Secretary of State, or
a person acting on behalf of the Secretary of State,
fees may be set at a level such that the total of all fees payable by members exceeds the total of the costs of operating the scheme.
6Complaints under the scheme: subject matter and procedureI1
The scheme must include provision about—
the matters in relation to which complaints against members of the scheme may be made under the scheme (which may include complaints about non-compliance with a code of practice issued or approved under section 142), and
the procedure for making complaints under the scheme.
7Complaints under the scheme: subject matter and procedureI1
The provision mentioned in paragraph 6(b)—
must not include any requirement to pay a fee;
may differ as between different categories of member;
may include provision about the use of any internal procedures a member has in place for the handling or resolution of complaints.
8Complaints under the scheme: investigation and determinationI1
The scheme must include provision about the investigation and determination by the new homes ombudsman of complaints made under the scheme.
That provision must include provision—
requiring the new homes ombudsman, in determining a complaint, to have regard to any code of practice issued or approved under section 142,
for the new homes ombudsman to require members of the scheme to provide information, and
for the new homes ombudsman to require members of the scheme to provide complainants whose complaints are determined to be well-founded with any one or more of the forms of redress in paragraph 9.
9Complaints under the scheme: investigation and determinationI1
The forms of redress are—
paying compensation;
making an apology;
providing an explanation;
taking such other action in the interests of the complainant as the new homes ombudsman may specify.
10Enforcement of determinationsI1
The scheme must include provision about the enforcement of determinations made by the new homes ombudsman.
If provision described in sub-paragraph (2) is included in the scheme, provision must also be made about the circumstances in which an expelled member can rejoin the scheme.
11Making of recommendationsI1
The scheme must include provision about the making of improvement recommendations by the new homes ombudsman where following the investigation of a complaint the ombudsman identifies widespread or regular unacceptable standards of conduct or standards of quality of work on the part of members of the scheme.
“Improvement recommendations” are recommendations about changes that members may make in order to improve standards of conduct or standards of quality of work.
12Predecessor schemesI1
The scheme must include provision about the acceptance and handling of complaints transferred from a scheme previously available under section 136 but which is no longer available.
13Complaints about the schemeI1
The scheme must include provision about how complaints about the operation of the scheme may be made by—
members of the scheme, and
persons who have asked for a complaint to be investigated under the scheme.
14Co-operationI1
The scheme may include provision about co-operation with persons who exercise functions under other redress schemes and, in particular, provision about arrangements for a person exercising functions under the scheme to do so jointly with a person exercising functions under another redress scheme, including for the making of joint determinations by the new homes ombudsman and an independent person making determinations under another redress scheme.
In sub-paragraph (1), “redress scheme” has the same meaning as in section 137.
15Provision of informationI1
Where the scheme is maintained by a person other than the Secretary of State, the scheme must include provision about the provision of information to the Secretary of State, the Welsh Ministers, the Scottish Ministers and the relevant Northern Ireland department.
In this paragraph, “the relevant Northern Ireland department” means the Northern Ireland department designated for the purposes of this paragraph by the First Minister and deputy First Minister acting jointly.
16ReportsI1
The scheme must include provision about the making of reports on the operation of the scheme.
1I1
The Local Government Act 1974 is amended in accordance with paragraphs 2 to 4.
2I1
Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows.
In subsection (1)—
after paragraph (bza) insert—
“(bzb)by the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022),”;
in the words after paragraph (c), after “1993” insert “, the Housing Act 1996, the new homes ombudsman scheme”.
In subsection (2), after “housing ombudsman,” insert “the new homes ombudsman,”.
After subsection (3A) insert—
“(3B)If at any stage in the course of conducting an investigation under the new homes ombudsman scheme, the new homes ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of this Act, the new homes ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the new homes ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.”
In subsection (4)—
for “or (3A)” substitute “, (3A) or (3B)”;
for “or under the Housing Act 1996” substitute “, the Housing Act 1996 or the new homes ombudsman scheme”.
3I1
Section 33ZA (collaborative working between Local Commissioners and others) is amended as follows.
In subsection (1)—
in paragraph (b) omit the final “or”;
at the end of paragraph (c) insert
“or
(d)the new homes ombudsman,”.
In subsection (1A) for “or (c)” substitute “, (c) or (d)”.
In subsection (3)—
in paragraph (b) omit the final “or”;
at the end of paragraph (c) insert
“or
(d)the new homes ombudsman,”;
in the words following paragraph (c) for “or (c)” substitute “, (c) or (d)”.
4I1
In section 33ZB (arrangements for provision of administrative and other services), in subsection (4)—
in paragraph (c) omit the final “and”;
at the end of paragraph (d) insert—
“(e)the new homes ombudsman, and
(f)the person maintaining the new homes ombudsman scheme under arrangements made pursuant to section 136 of the Building Safety Act 2022.”
5I1
Paragraph 10A of Schedule 2 to the Housing Act 1996 (housing complaints: collaborative working with Local Commissioners) is amended as follows.
In sub-paragraph (1)—
after “Local Commissioner” insert “or the new homes ombudsman”;
for “the ombudsman” substitute “the housing ombudsman”;
at the end insert “, the new homes ombudsman or both of them.”
In sub-paragraph (3)—
after “Local Commissioner” insert “or the new homes ombudsman”;
for “the ombudsman”, in both places it occurs, substitute “the housing ombudsman”;
at the end insert “, the new homes ombudsman or both of them.”
In sub-paragraph (4)—
after “Local Commissioner” insert “, the new homes ombudsman (or both)”;
at the end insert “(or those persons)”.
6I1
The Public Services Ombudsman (Wales) Act 2019 (anaw 3) is amended as follows.
In section 65(7) (consultation and co-operation with other ombudsmen)—
in the Welsh language text, after paragraph (e) insert—
“(f)yr ombwdsmon cartrefi newydd o dan y cynllun ombwdsmon cartrefi newydd (gweler adran 136 o Ddeddf Diogelwch Adeiladau 2022).”;
in the English language text, after paragraph (e) insert—
“(f)the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022).”
1IntroductoryI1
The Secretary of State may by regulations make provision in relation to the marketing and supply of construction products in the United Kingdom.
Regulations under this paragraph are called “construction products regulations”.
2General safety requirementsI1
Construction products regulations may—
prohibit the marketing or supply of construction products which are not safe products;
impose other requirements for the purpose of securing that construction products which are not safe products are not marketed or supplied;
impose requirements in relation to the marketing or supply of construction products which are safe products.
For the purposes of this paragraph a construction product is a “safe product” if, under normal or reasonably foreseeable conditions of use, and taking into account any matters specified for the purposes of this paragraph by construction products regulations—
the product does not present any risk to the health or safety of persons, or
if it does, the risk is as low as it can be compatibly with using the product.
In this paragraph—
“use” includes storage, transportation or packaging;
“reasonably foreseeable conditions” include reasonably foreseeable circumstances in which the construction product might come under stress (for example, a fire).
3Construction products with designated standards or technical assessmentsI1
Construction products regulations may make provision for and in relation to—
designated standards for construction products (see paragraph 4);
technical assessments for construction products (see paragraph 5).
4I1
Provision under paragraph 3(a) (designated standards) may include provision—
for the designation by the Secretary of State of standards prepared in accordance with the regulations or the 2011 Regulation;
for the designation by the Secretary of State of EU harmonised standards or international standards;
for EU harmonised standards or international standards to be designated standards.
Provision under sub-paragraph (1)(a) may include provision as to—
the persons by whom standards may be proposed;
the procedure by which and persons by whom standards are to be prepared;
the matters to be covered by a standard.
5I1
Provision under paragraph 3(b) (technical assessments) may include provision as to the procedure by which and persons by whom technical assessments are to be issued.
Provision under sub-paragraph (1) may include provision for assessment bodies to issue technical assessments on the basis of assessment documents developed or adopted by them, and in particular provision—
for the designation of assessment bodies by the Secretary of State;
as to the functions, operation and funding of assessment bodies;
as to the contents of assessment documents and the procedure by which they are developed or adopted.
6I1
Construction products regulations may—
impose requirements on persons carrying out activities in relation to construction products for which there are designated standards or technical assessments under the regulations (see paragraph 7);
confer powers on relevant authorities to impose requirements on such persons (see paragraph 8).
7I1
Provision under paragraph 6(a) (imposition of requirements) may include provision for the imposition of requirements relating to—
declarations of performance in respect of products which are or are to be marketed;
the making of other statements or claims in relation to the performance of products which are or are to be marketed;
the marking or packaging of products;
the provision of information, including information about risk, to persons to whom products are supplied;
the monitoring, assessment and verification of product performance, including sample testing;
the storage and transportation of products;
the taking of corrective action, including withdrawal of products from the market and recall of products from persons to whom they have been supplied;
recording and investigating complaints;
the production and retention of documentation or samples;
the notification of risks to relevant authorities;
information which must or may be provided to relevant authorities;
co-operation with relevant authorities;
the appointment of authorised representatives by persons carrying out activities in relation to construction products.
Provision about declarations of performance under sub-paragraph (1)(a) may include provision as to—
the technical documentation to be prepared in relation to a declaration of performance;
the content of a declaration of performance;
the form of a declaration of performance;
how a declaration of performance is to be supplied or made available.
Provision about the marking of products under sub-paragraph (1)(c) may include provision as to—
the form and content of any marking;
circumstances in which products must or must not be marked.
Provision about the monitoring, assessment and verification of product performance under sub-paragraph (1)(e) may include provision as to—
the carrying out of testing and other tasks by approved bodies;
when and how a body may become or cease to be an approved body;
the assessment and monitoring of approved bodies.
Requirements which may be imposed on persons carrying out activities in relation to construction products under paragraph 6(a) may also be imposed on the authorised representatives of such persons.
8I1
Provision under paragraph 6(b) (conferral of powers) may include provision conferring powers on a relevant authority to impose requirements on persons carrying out activities in relation to construction products in circumstances where—
there has been no failure to comply with requirements imposed under paragraph 6(a), but
in the view of the relevant authority the products nevertheless risk causing death or serious injury to any person.
The powers referred to in sub-paragraph (1) may include powers by notice to—
require a person to warn others of the risks attaching to a product;
require the marking of a product in respect of the risks attaching to it;
suspend for a specified period or prohibit the marketing or supply of a product (or suspend or prohibit the marketing and supply of the product without the consent of a specified person);
require the withdrawal of a product from the market;
require the recall of a product from persons to whom it has been supplied.
Provision under sub-paragraph (2) may include provision for appeals against a notice.
9I1
Construction products regulations may include any provision—
which is made in the 2011 Regulation or the 2019 or 2020 Regulations immediately after IP completion day, or
which relates to any matter in respect of which provision is made in that Regulation or those Regulations immediately after that time.
10Safety-critical productsI1
For the purposes of this Schedule, “safety-critical products” means construction products which are included in a list contained in construction products regulations.
A construction product may only be included in a list under sub-paragraph (1) if—
in the view of the Secretary of State any failure of the product would risk causing death or serious injury to any person, and
the product is not one for which there are—
designated standards under paragraph 3(a), or
standards which are designated standards for the purposes of the 2011 Regulation.
Before including a construction product in the list, or amending the list, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
11I1
Construction products regulations may make provision for and in relation to standards for safety-critical products (“safety-critical standards”).
Provision under sub-paragraph (1) may include provision as to—
the persons by whom safety-critical standards may be proposed;
the procedure by which and persons by whom safety-critical standards are to be prepared;
the matters to be covered by a safety-critical standard.
12I1
Construction products regulations may—
impose requirements on persons carrying out activities in relation to safety-critical products for which there are safety-critical standards under the regulations (see paragraph 13);
confer powers on relevant authorities to impose requirements on such persons (see paragraph 14).
13I1
Provision under paragraph 12(a) (imposition of requirements) may include any provision referred to in paragraph 7.
14I1
Provision under paragraph 12(b) (conferral of powers) may include provision conferring powers on a relevant authority to impose requirements on persons carrying out activities in relation to construction products in circumstances where—
there has been no failure to comply with requirements imposed under paragraph 12(a), but
in the view of the relevant authority the products nevertheless risk causing death or serious injury to any person.
The powers referred to in sub-paragraph (1) include powers by notice to—
require a person to warn others of the risks attaching to a product;
require the marking of a product in respect of the risks attaching to it;
suspend for a specified period or prohibit the marketing or supply of a product (or suspend or prohibit the marketing and supply of the product without the consent of a specified person);
require the withdrawal of a product from the market;
require the recall of a product from persons to whom it has been supplied.
Provision under sub-paragraph (2) may include provision for appeals against a notice.
15EnforcementI1
Construction products regulations may make provision for and in relation to—
monitoring compliance with construction product requirements and investigating suspected non-compliance;
securing compliance with construction product requirements;
sanctions for—
non-compliance or suspected non-compliance with construction product requirements;
obstruction of, failure to assist or co-operate with, or provision of false or misleading information to, persons carrying out construction product functions.
Provision under sub-paragraph (1)(a) may include—
provision for relevant authorities to carry out, or secure the carrying out of, market surveillance and test purchases;
provision for relevant authorities to enter, inspect and search premises and to seize and retain products or evidence of non-compliance with construction product requirements (including provision for the payment of compensation);
provision requiring the retention and provision of information (including provision for relevant authorities to require the provision of information to them).
Provision under sub-paragraph (1)(b) may include provision conferring powers on a relevant authority by notice to—
require a person to warn others of the risks attaching to a product;
require the marking of a product in respect of the risks attaching to it;
suspend for a specified period or prohibit the marketing or supply of a product (or suspend or prohibit the marketing and supply of the product without the consent of a specified person);
require the withdrawal of a product from the market;
require the recall of a product from persons to whom it has been supplied;
require a person to do or cease to do anything so as to end non-compliance or suspected non-compliance with construction product requirements.
Provision under sub-paragraph (1)(b) may also include—
provision for—
a relevant authority to accept undertakings relating to compliance with construction product requirements instead of taking other enforcement action;
sanctions for non-compliance or suspected non-compliance with such undertakings;
provision for the forfeiture of products by court order (or, in Scotland, order of the sheriff).
Provision under sub-paragraph (1)(c) or (4)(a)(ii) may include—
provision creating criminal offences;
in relation to England and Wales and Northern Ireland, provision for the prosecution by relevant authorities of criminal offences created under paragraph (a);
provision conferring powers on relevant authorities to impose civil sanctions (including fines).
Provision under sub-paragraph (1)(b) or (c) or (4)(a)(ii) may include provision for appeals against anything done by a relevant authority under that provision.
Provision under sub-paragraph (1) may include any provision—
which is made by the 2013 Regulations, or
which relates to any matter in respect of which provision is made by the 2013 Regulations.
16CostsI1
Construction products regulations may make provision for a relevant authority to impose charges on a person carrying out activities in relation to construction products, or an authorised representative of such a person, in respect of the exercise of the relevant authority’s construction product functions in relation to such a person.
The regulations may include provision about—
who is liable to pay a charge;
the circumstances in which a charge is payable;
the amount of a charge (including how an amount is to be calculated);
reductions and exemptions;
waivers;
how and when a charge is to be paid;
the collection and recovery of payments;
interest payable on outstanding payments;
the resolution of disputes (including appeals).
Provision under this paragraph may confer a discretion on the relevant authority.
17InformationI1
Construction products regulations may, in connection with the exercise by relevant authorities of their construction product functions, make provision for and in relation to—
the provision of information by relevant authorities to—
other relevant authorities, or
persons specified, or of a description specified, in construction products regulations;
the provision of information to relevant authorities by—
persons specified, or of a description specified, in construction products regulations, or
other persons identified by relevant authorities.
Provision under sub-paragraph (1) may include provision—
as to the circumstances in which information may or must be provided (which may include circumstances in which the information could not otherwise have been lawfully provided or disclosed);
as to how information may or must be provided;
as to the uses to which information provided may be put;
for the purpose of preventing the further disclosure of information (including provision for the creation of criminal offences);
for the purpose of securing that there is (taking into account any power or duty to provide information under the regulations) no contravention of the data protection legislation.
18I1
Construction products regulations may make provision for and in relation to the publication by relevant authorities of information held by them in connection with their construction product functions.
Provision under sub-paragraph (1) may include provision as to—
the circumstances in which information may or must be published (which may include circumstances in which the information could not otherwise have been lawfully published);
how, where and in what form information may or must be published.
19I1
Construction products regulations may make provision prohibiting the disclosure of information held by relevant authorities in connection with their construction product functions.
Provision under sub-paragraph (1) may include provision for the creation of criminal offences.
20General and supplementaryI1
Construction products regulations may make—
different provision for different purposes;
different provision for or in relation to different parts of the United Kingdom;
transitional, transitory, consequential and supplementary provision or savings.
The provision made by paragraphs 2 to 19 does not limit the power conferred by paragraph 1.
21I1
Construction products regulations may make provision by repealing, amending or re-enacting—
F1assimilated law (and in particular the 2011 Regulation and the 2013 Regulations);
the 2019 and 2020 Regulations;
any other enactment other than an Act.
22I1
Where construction products regulations contain provision creating a criminal offence, the provision must have the effect that—
the offence is—
triable summarily only, or
triable summarily or on indictment,
the offence is punishable only—
with a fine, or
with a term of imprisonment or a fine (or both),
where the offence is triable summarily only, any fine with which the offence is punishable in Scotland or Northern Ireland does not exceed level 5 on the standard scale,
where the offence is triable summarily or on indictment, any fine with which the offence is punishable on summary conviction in Scotland or Northern Ireland does not exceed the statutory maximum, and
any term of imprisonment with which the offence is punishable on summary conviction does not exceed—
in England and Wales, the relevant period,
in Scotland, 12 months, and
in Northern Ireland, 6 months.
In sub-paragraph (1)(e)(i), the “relevant period” means—
in relation to an offence that is triable only summarily—
where the offence is committed before the coming into force of section 281 of the Criminal Justice Act 2003, 6 months, and
where the offence is committed after that time, 51 weeks;
in relation to an offence that is triable summarily or on indictment—
where the offence is committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, 6 months, and
where the offence is committed after that time, 12 months.
23ProcedureI1
Construction products regulations are to be made by statutory instrument.
Construction products regulations which contain provision specified in sub-paragraph (3) (with or without other provision) may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament.
The provision referred to in sub-paragraph (2) is—
the first provision to be made under paragraph 10(1) (list of safety-critical products);
provision creating a criminal offence;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
provision under paragraph 21(2) (consequential provision relating to liability for construction products).
A statutory instrument containing construction products regulations to which the requirements specified in sub-paragraph (2) do not apply is subject to annulment in pursuance of a resolution of either House of Parliament.
24InterpretationI1
In this Schedule—
“the 2011 Regulation” means Regulation (EU) No. 305/2011 (regulation laying down harmonised conditions for the marketing of construction products);
“the 2013 Regulations” means the Construction Products Regulations 2013 (S.I. 2013/1387);
“the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465);
“the 2020 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359);
“authorised representative” means a person of a description specified in the regulations who is authorised to act on behalf of a person carrying out an activity in relation to construction products;
“construction product” has the meaning specified in construction products regulations;
“construction product functions”, in relation to a relevant authority, means—
- (a)
the authority’s functions under construction products regulations, the 2011 Regulation or the 2019 or 2020 Regulations (including functions relating to the provision or receipt of information), and
- (b)
any other functions of the authority relating to construction product requirements;
- (a)
“construction product requirements” means requirements imposed by or under construction products regulations, the 2011 Regulation or the 2019 or 2020 Regulations;
“construction products regulations” has the meaning given in paragraph 1(2);
“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“EU harmonised standard” means a harmonised standard adopted at any time by a standardisation body of the European Union;
“international standard” means a standard adopted by an international standardising body (which for these purposes has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 16 April 1994, as modified from time to time);
“local authority” means—
- (a)
a county or district council in England,
- (b)
a London borough council,
- (c)
the Common Council of the City of London,
- (d)
the Council of the Isles of Scilly,
- (e)
a county or county borough council in Wales,
- (f)
a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and
- (g)
a district council in Northern Ireland;
- (a)
references to the “marketing” of products are to making them available on the market in the United Kingdom;
“persons carrying out activities in relation to construction products” include (without limitation)—
- (a)
a manufacturer of construction products,
- (b)
a person who markets or supplies construction products to others, and
- (c)
a person who imports construction products into the United Kingdom for use, marketing or supply;
- (a)
“relevant authority” means—
- (a)
the Secretary of State or other Minister of the Crown, and
- (b)
a local authority (including, in England, Wales and Scotland, a local authority in its capacity as a local weights and measures authority);
- (a)
“requirement” includes a prohibition or restriction;
“safety-critical products” has the meaning given in paragraph 10;
“technical assessment” means a documented assessment of the performance of a construction product.