75.This section defines “common parts” in relation to regulated buildings for the purposes of the Act.
76.The “common parts” of a regulated building mean the “structure and exterior” of the building, subject to the exceptions in subsection (2)(a). Subsection (4) sets out what is meant by the “structure and exterior” of a building. References to a part of a building in section 13(4) include any fixture that forms part of it, e.g. an integrated fire detection/alarm system or an integrated fire sprinkler system.
77.Subsection (2)(b) provides that “common parts” also means any other part of the building (that is not a part of the structure or exterior) that is provided for the use, benefit or enjoyment of the residents of more than one residential unit. Examples of parts of the building that are “common parts” under subsection (2)(b) include unenclosed parts of the regulated building such as lawns, gardens or surface car parks (that are not part of the structure and exterior) that are provided for the use, benefit or enjoyment of the residents of more than one residential unit.
78.Subsection (3) provides a power for the Welsh Ministers to make regulations to provide that, in specified circumstances, a part of the structure and exterior of a building forms part of the common parts of the building even if itis excluded from being a common part under subsection (2)(a)(i).
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Accountable persons, principal accountable persons and common parts Section 13 - Meaning of “common parts”