318.This section enables accountable persons and principal accountable persons to give warning notices if they consider that an adult resident or owner of a residential unit has contravened or is contravening, one or more of their duties under sections 54 and 55. Subsections (1) to (5) make provision as to who can be given, who can give and the circumstances in which, warning notices can be given.
319.The warning notice is intended to either avoid the repetition or continuation of contraventions by a resident/owner or remedy any contravention a resident/owner may already have made.
320.A warning notice must comply with subsection (6).
321.Subsection (7) sets out when a warning notice can include, as a reasonable step under subsection (6)(b), the payment of a sum. For example, if an adult resident or owner removes or damages any fire safety equipment intended to improve the safety of people in or about the building (in contravention of section 54(2)(c)) the notice may include as a reasonable step the payment of a sum where subsection (7)(a) is met. The sum that can be specified is limited by subsection (7)(b).
322.Subsection (8) requires the accountable person serving the notice to inform any other accountable person for the building as soon as reasonably practicable. The requirement to notify other accountable persons is intended to avoid the issuing of more than one notice for the same breach i.e. so that both an accountable person and a principal accountable person do not serve notices for the same breach.
323.The Welsh Ministers may make further provisions about warning notices in regulations, including the form, content, and giving of notices (section 62).
324.Example: A resident frequently leaves their bicycle in the building’s main stairwell, obstructing the fire escape route and breaching section 54(2)(a). Despite informal engagement from the accountable person, the resident continues the behaviour. The accountable person for the stairwell can issue a warning notice to the resident. The notice must specify the alleged contravention (blocking the fire escape route), the reasonable steps the accountable person considers the person should take (removing the bicycle) and the time period for doing so. The notice could also state that the person must not in the future leave the bicycle in the stairwell (subsection (6)(c)). The notice must set out the consequences of non-compliance (potential application for a contravention order and the effect of such an order). If the resident does not comply then an accountable person may be able to apply for a contravention order (section 61).
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Chapter 8 - Duties of Residents and Owners Etc. of Residential Units Section 59 - Power of accountable person to give warning notice: fire and structural safety duty of residents etc.