168.This section requires accountable persons for occupied category 1 buildings and category 2 buildings to ensure that the “structural safety risks” relating to the part of the building for which they are responsible are assessed. Welsh Ministers’ regulations under section 16 will set out the parts of regulated buildings for which accountable persons are responsible.
169.A structural risk assessment must be suitable and sufficient to enable the accountable person, and those treated as an accountable person under section 36 to comply with their duties under section 35 (subsection (3)(b)).
170.Assessments must be conducted by individuals or bodies with sufficient expertise or experience that enable them to assess the structural safety risks in relation to the part of the building for which the accountable person is responsible (subsection (3)(a)). The assessment may, for example, identify issues which need further investigation by a qualified person, such as a surveyor or structural engineer.
171.The person making the structural risk assessment is not required to hold a particular qualification or accreditation, unless the Welsh Ministers make regulations about such matters under subsection (7).
172.An accountable person must ensure their first assessment is carried out as soon as possible after the latest of the following events (subsection (4)):
	the building becomes occupied,
	the person becomes an accountable person for the building, or
	section 34 comes into force.
173.Further assessments must be done regularly and as soon as possible if the accountable person has reason to suspect that the current assessment is no longer suitable and sufficient to enable the accountable person to comply with their duties under section 35 (subsection (5)(a) and (b)).
174.The building safety authority for the building may also direct an accountable person to undertake a further structural risk assessment. For example, it might do this if it believes that the current structural risk assessment is not suitable and sufficient (subsection (5)(c)).
175.Subsection (6) requires that the findings of the assessment must be recorded in writing and that a copy of each assessment is given to the principal accountable person for the building.
176.Subsection (7) provides Welsh Ministers with a power to make regulations about various matters, including:
	requirements in relation to sufficient expertise or experience of assessors,
	qualifications or accreditation requirements for assessors,
	matters to be considered in assessments,
	methodology for the assessments,
	information to be included in the written record required by subsection (6), and
	maximum intervals between assessments.
177.See also the note to section 7 which explains the effect of that section (inclusion of ancillary areas) on references to a “category 1 building” or a “category 2 building”.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Structural safety risks in category 1 buildings and category 2 buildings Section 34 - Assessment of structural safety risks: duties of accountable persons