106.The purpose of this section is to require a periodic review by the principal accountable person of the accuracy of information and documents included in a building’s entry in the register.
107.Subsections (1) and (2) provide that the principal accountable person must give the building safety authority a “relevant declaration”, about the accuracy of the information and documents included in the entry for the building in the register.
108.A “relevant declaration” must be given within the “confirmation period”. This is defined in subsection (12) as the last three months leading up to the five-year anniversary of the date of registration, and the last three months of every subsequent five-year period.
109.Subsection (3) places a duty on the Welsh Ministers to make regulations about how the declaration must be given and about its form and content.
110.Subsection (4) provides that the duty to give a declaration within the confirmation period under subsection (1) does not apply where the building safety authority has given the principal accountable person notice of a decision to remove the building from the register under section 26(6), and the date on which the decision takes effect has not yet been reached or the decision has not yet taken effect because of a suspension under section 26(9) pending a review or appeal under sections 64 or 65.
111.If a suspension of the decision to remove the building from the register pending a review or appeal ceases to apply due to the decision being cancelled or quashed on review or appeal during the last 14 days of the confirmation period, or after the end of the confirmation period, then subsections (5) and (6) provide that the principal accountable person must give a relevant declaration. It must do so before the end of 14 days beginning with the day after the day on which the decision to remove the building from the register is cancelled or quashed.
112.The building safety authority must notify the principal accountable person in writing that it has received the declaration within 21 days beginning with the day after the day on which the declaration is given (subsection (7)).
113.Subsection (8) provides that it is an offence to fail, without reasonable excuse, to comply with the duty imposed by subsection (1) or (6) (as applicable). If found guilty of the offence under subsection (8) the person is liable to a fine or imprisonment, or both (subsection (9)). See also section 110 (fixed penalty notices).
114.Subsection (10) provides that a further offence is committed if, after conviction, the person continues to fail to give a declaration. If found guilty of the further offence the person is liable to a fine for each day on which the failure continues (subsection (11)).
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Declaration about accuracy of information and documents in register Section 24 - Duty to give declaration about accuracy of information and documents included in register