286.Subsection (1) provides that regulations may be made by the Welsh Ministers to require accountable persons for occupied category 2 buildings and occupied category 3 buildings to make and give effect to arrangements for the consideration of “relevant complaints”.
287.A “relevant complaint” is defined in subsection (2) as a complaint that relates to a building safety risk (as defined in section 28) relating to the building, or to the performance by an accountable person for the building of any duty under the Act or regulations made under it. In relation to a category 3 building, “building safety risk” means only a fire safety risk. In relation to a category 2 building, “building safety risk” means a fire safety risk or a structural safety risk.
288.Regulations made under this section may in particular, make the provision set out in subsection (3). The intention would be to enable residents in category 2 and category 3 buildings to voice their complaints and to ensure that they are investigated and addressed promptly.
289.Example: A resident of a category 2 building notices a self-door closer on a fire door in a communal area is not working, thereby creating a fire safety risk. After the resident raises the issue informally several times to their accountable person the resident feels their accountable person is ignoring the issue. Regulations made under this section could allow the resident to raise the issue as a formal complaint. The regulations may require the accountable person to consider the complaint within a certain period.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Complaints Section 52 - Category 2 and category 3 buildings: duty of accountable persons to arrange consideration of complaints