# Building Safety Act 2022, Paragraph 15: Enforcement

Extent: E+W+S+N.I.

(1) Construction products regulations may make provision for and in relation to—
(a) monitoring compliance with construction product requirements and investigating suspected non-compliance;
(b) securing compliance with construction product requirements;
(c) sanctions for—
(i) non-compliance or suspected non-compliance with construction product requirements;
(ii) obstruction of, failure to assist or co-operate with, or provision of false or misleading information to, persons carrying out construction product functions.
(2) Provision under sub-paragraph (1)(a) may include—
(a) provision for relevant authorities to carry out, or secure the carrying out of, market surveillance and test purchases;
(b) 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);
(c) provision requiring the retention and provision of information (including provision for relevant authorities to require the provision of information to them).
(3) Provision under sub-paragraph (1)(b) may include provision conferring powers on a relevant authority by notice to—
(a) require a person to warn others of the risks attaching to a product;
(b) require the marking of a product in respect of the risks attaching to it;
(c) 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);
(d) require the withdrawal of a product from the market;
(e) require the recall of a product from persons to whom it has been supplied;
(f) require a person to do or cease to do anything so as to end non-compliance or suspected non-compliance with construction product requirements.
(4) Provision under sub-paragraph (1)(b) may also include—
(a) provision for—
(i) a relevant authority to accept undertakings relating to compliance with construction product requirements instead of taking other enforcement action;
(ii) sanctions for non-compliance or suspected non-compliance with such undertakings;
(b) provision for the forfeiture of products by court order (or, in Scotland, order of the sheriff).
(5) Provision under sub-paragraph (1)(c) or (4)(a)(ii) may include—
(a) provision creating criminal offences;
(b) in relation to England and Wales and Northern Ireland, provision for the prosecution by relevant authorities of criminal offences created under paragraph (a);
(c) provision conferring powers on relevant authorities to impose civil sanctions (including fines).
(6) 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.
(7) Provision under sub-paragraph (1) may include any provision—
(a) which is made by the 2013 Regulations, or
(b) which relates to any matter in respect of which provision is made by the 2013 Regulations.

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Source: https://www.legislation.gov.uk/ukpga/2022/30/schedule/11/paragraph/15 (the official version)
Page: https://openlegislation.uk/building-safety-act-2022/schedule-11/paragraph-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.