Schedule 7: Special Measures Paragraph 4: Special measures order Background
The Independent Review recommended that there needs to be a regulator in relation to fire and structural safety of a residential building in occupation who can hold duty-holders to account with robust sanctions where necessary.
	The Government is going further and introducing a special measures manager who would take on the management of risks in a building as a last resort, where the Building Safety Regulator is successful in an application for an order where the grounds are made out in so as to keep residents safe from that poor management of building safety risks.
Example
An Accountable Person repeatedly fails to meet the statutory obligations under Part 4 of the Act, and after using the compliance and enforcement tools at its disposal, the Building Safety Regulator is of the opinion that the safety of the residents is at risk and applies to the First-tier Tribunal for an order to appoint a Special Measures Manager. The special measures order details the identity of the Special Measures Manager, the scheme and terms of management, including any payments to be paid by the Accountable Person further to the financial management proposal and specific functions that the Special Measures Manager would undertake to meet the statutory obligations under Part 4. In making the order, the First-tier Tribunal appoints the Special Measures Manager who takes on the functions of all the Accountable Persons in the building and specifies the amounts to be paid across by each of them in relation to discharging its obligations in special measures.