178.Subsection (1) places a duty on each accountable person for an occupied category 1 or category 2 building to take all reasonable steps to prevent structural safety risks from materialising in relation to the part of the building for which the person is responsible and to reduce the severity of any incidents that results from such a risk materialising. The steps may include carrying out works (subsection (2)). The steps must be taken promptly (subsection (3)).
179.As well as requiring action to address structural safety risks, this section (subsection (4)) also requires accountable persons to make arrangements to plan, organise, control, monitor and review steps taken by them under this section, and to give effect to those arrangements.
180.Subsection (5) requires accountable persons to make a written record of the steps taken by them, and of arrangements made by them, under this section.
181.Subsection (6) provides Welsh Ministers with regulation making powers to make certain further provision about the requirements placed on accountable persons under this section. The regulations could, for example, specify what are “reasonable steps” with regards to managing structural safety risks. The regulations may specify matters to which accountable persons must have regard, or principles they must act in accordance with, in determining what steps to take, and the taking of those steps, under this section.
182.Subsection (8) provides that references to an accountable person in this section include those treated as accountable under section 36 so the duties in this section apply to those persons too (subject to the limitations in section 36 (2), (3) and (4)).
183.For example, if an accountable person, as part of a structural risk assessment, identified that some balcony fixings in the part of the building for which the person is responsible could be at risk of failure, the person would be under a duty to take reasonable steps to prevent the risk materialising. The steps must be taken promptly.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Structural safety risks in category 1 buildings and category 2 buildings Section 35 - Management of structural safety risks by accountable persons