OpenLegislation

Section 95 Duties on residents and ownersI1I2

England and Wales

(1)

This section applies to—

(a)

a resident of a residential unit in an occupied higher-risk building who is aged 16 or over;

(b)

an owner of a residential unit in such a building.

(2)

A person to whom this section applies—

(a)

must not act in a way that creates a significant risk of a building safety risk materialising;

(b)

must not interfere with a relevant safety item;

(c)

must comply with a request, made by the appropriate accountable person, for information reasonably required for the purposes of a duty under section 83 or 84.

(3)

For the purposes of subsection (2)(b) a person “interferes” with a relevant safety item if they, without reasonable excuse—

(a)

damage it,

(b)

remove it, or

(c)

do anything to, or in relation to, it that interferes with its intended function.

(4)

In this section—

  • “appropriate accountable person” means the accountable person for the building who is responsible for the part of the building comprising the residential unit;

  • “relevant safety item” means—

    1. (a)

      anything that—

      1. (i)

        is in, or forms part of, the common parts (as defined by section 72), and

      2. (ii)

        is intended to improve the safety of people in or about the building in relation to a building safety risk, or

    2. (b)

      any other prescribed thing.

Annotations

Commencement

I1

S. 95 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I2

S. 95 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(p)