451.This section enables a fire safety authority to issue a prohibition notice in respect of a regulated building or a relevant HMO where it considers that the use of the building or HMO involves, or is likely to involve, a fire safety risk that is so serious that use of the building or HMO should be prohibited or restricted. Subsection (2) provides that a prohibition notice can be given to an accountable person, or a person treated as an accountable person under section 36 (for a regulated building) or a duty holder (for a relevant HMO). This section includes other provision related to prohibition notices e.g. what must be included in the notice and requirements in relation to informing others (subsections (8) and (9)).
452.Prohibition notices can currently be issued under article 31 of the FSO. They are the most stringent measure available to an enforcing authority, for use only where the threshold in subsection (1) is met. Subsection (5) makes provision for prohibition notices to take effect as soon as given in certain circumstances. Section 98 makes similar provision to that in the FSO, but it also sets out additional matters e.g. steps that must be taken under subsection (6) by the recipient.
453.Given the potential impact of a notice on the building and its residents, subsection (6) requires the recipient to take all reasonable steps to ensure occupiers of the building or HMO are informed of any prohibition or restriction in the notice and take all reasonable steps to ensure use of the building or HMO is prevented or restricted as per the requirements of the notice. Subsection (7) makes provision in relation to the displaying of a copy of the notice in a conspicuous place at each entrance to the building or relevant HMO. This is important to ensure all those affected are aware of the notice including any prohibitions and restrictions within it, and the matters giving rise to the risks.
454.Contravention of a prohibition or restriction in a prohibition notice and failing to comply with subsection (6) are offences under section 101 (subject to the defence detailed in section 101(2)), see also section 101(4).
Commentary on Sections Powers of enforcing authorities to give notices Section 98 - Power of fire safety authority to give prohibition notice