472.When investigating compliance with a requirement, an authorised officer may need to enter a residential unit. For example, the officer may need to enter the unit to investigate whether duties to assess and manage building safety risks are being complied or whether the duties on residents are being complied with.
473.This section provides a power for an authorised officer to enter premises being used as a residential unit where the officer considers it necessary for a relevant purpose, and a warrant authorising entry has been issued by a justice of the peace under subsection (2).
474.Subsection (2) provides for the circumstances in which a warrant of entry may be issued to an authorised officer by a justice of the peace. This ensures that consideration will be given as to the need for entry, and e.g. whether appropriate steps have been taken by the authorised officer to gain entry without a warrant.
475.Subsection (3) provides that a warrant issued under subsection (2) authorises an officer to enter the premises specified in the warrant. The warrant may, if the justice of the peace considers it necessary, authorise the officer to enter the premises by force (if necessary), or to exercise any of the functions under section 105. It can also specify when, or how often, entry may take place.
Commentary on Sections Functions of authorised officers Section 104 - Power to enter premises being used as a residential unit