OpenLegislation

Section 76 Requirement for completion certificate before occupationI1I2

England and Wales

(1)

This section applies if any of the following works are carried out—

(a)

the construction of a higher-risk building;

(b)

the creation of additional residential units in such a building;

(c)

works to a building that cause it to become a higher-risk building.

(2)

If a relevant residential unit is occupied before a completion certificate relating to a relevant part of the building is issued, the relevant accountable person commits an offence.

(3)

It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for the residential unit being occupied before such a completion certificate was issued.

(4)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

(5)

In this section—

  • “completion certificate” means a certificate of a prescribed description that is issued under regulations made under section 1(1) of the Building Act 1984 (building regulations);

  • “occupied”: a residential unit is occupied if there is a resident of it;

  • “relevant accountable person”, in relation to a residential unit, means the accountable person who is responsible for a relevant part of the building;

  • “relevant part” of a building, in relation to a residential unit, means a part of the building containing the residential unit;

  • “relevant residential unit” means—

    1. (a)

      in the case of works within subsection (1)(a), any residential unit in the building;

    2. (b)

      in the case of works within subsection (1)(b), any additional residential unit;

    3. (c)

      in the case of works within subsection (1)(c), any residential unit in the building except one that existed before the works began.

Annotations

Commencement

I1

S. 76 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I2

S. 76 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(p)