Part 4: Higher-risk buildings Miscellaneous and general Section 108: Guidance Effect
This section sets out the areas of the building safety regime where the Building Safety Regulator may issue guidance with statutory force, including the process to be followed in relation to the guidance and the potential consequences of complying – or not complying – with the content of that guidance.
	Subsection (1) sets out the areas where the Building Safety Regulator may issue guidance; they are:
mandatory reporting requirements for Accountable Persons;
duties to keep or give information to residents and others; and
how an Accountable Person should operate a complaints procedure for residents.
	Subsections (1), (2) and (5) set out that the regulator may issue, withdraw or amend guidance, but only with the consent of the Secretary of State. Subsection (3) makes clear that, as with the approved documents issued in accordance with Part 1 of the Building Act 1984, compliance with the guidance can be relied on in court or Tribunal proceedings as tending to establish compliance with the provision to which the guidance relates, while not following the guidance will tend to establish non-compliance with the relevant provision.