Schedule 7: Special Measures Paragraph 2: Notification by regulator before applying for special measures order Background
Where the Building Safety Regulator proposes to apply to the First-tier Tribunal to intervene with the Accountable Person’s management of their building, procedural fairness dictates that affected parties should have the opportunity to make comment and provide representations. The paragraph ensures that the Building Safety Regulator discharges its power to apply for a special measures order in a fair and transparent way.
Example
The Building Safety Regulator deems that a rented block should be placed in special measures after contravention by multiple Accountable Persons of two or more duties under part 4 of the Act. After taking successive enforcement measures against the Accountable Persons, it is of the opinion that the breaches put the safety of residents in the building at risk and notifies the Accountable Person and other persons that it will apply to the First-tier Tribunal for the appointment of a Special Measures Manager. The notice sets out details of the reason for the application along with the identity of the Special Measures Manager. It provides information about the proposed terms of the special measures order, how representations can be made by parties and provides a financial management proposal. The proposal sets out the estimated expenses in relation to the functions to be undertaken, estimates of fire safety works to be carried out on the block, detailing how they costs will be apportioned between the multiple Accountable Persons. The time limit for making such representation expires and the Building Safety Regulator still judges that the fire and structural safety of the building is compromised. It therefore applies to the First-tier Tribunal for a special measures order to be made, and notifies the specified persons concurrently of this decision, providing a final version of the proposed order and financial management proposal.