# Building Safety Act 2022, Section 76: Requirement for completion certificate before occupation

Extent: E+W

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

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Source: https://www.legislation.gov.uk/ukpga/2022/30/section/76 (the official version)
Page: https://openlegislation.uk/building-safety-act-2022/section-76
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.