281.This section requires the principal accountable person for an occupied category 1 building to establish and operate a system for the investigation of “relevant complaints”.
282.A “relevant complaint” is defined in subsection (2) as a complaint that relates to a building safety risk as (defined in section 27) relating to the building or to the performance by an accountable person for the building of any duty under the Act or regulations made under it. In relation to a category 1 building, “building safety risk” means a fire safety risk or a structural safety risk.
283.The purpose of this provision is to ensure that residents and others can raise complaints if the complaint is “relevant”. The provision aims to create a formal mechanism for residents to voice their relevant complaints and to ensure that these complaints are investigated and addressed promptly. This requirement is crucial to fostering a culture of accountability and transparency in building safety management.
284.Subsection (4) provides the Welsh Ministers with a power to make provision about the establishment and operation of a complaints system, such as, but not limited to, providing who can make a complaint, how a complaint can be made, the way in which a complaint must be considered, and enabling or requiring a complaint to be referred to the building safety authority for the building. Though the requirement for establishing and operating the complaints system sits with the principal accountable person, in buildings for which there are multiple accountable persons, those accountable persons are required to work with the principal accountable person as part of their co-operation and co-ordination duties under section 68. Accountable persons remain responsible for putting right any issues relating to the performance of their duties under the Act or matters for which they are responsible under the Act.
285.Example: A resident in a category 1 building notices that the fire exits are frequently blocked by construction materials left by contractors. The resident raises this concern informally with the principal accountable person, but no action is taken. Under this section, the resident could escalate this concern into a formal complaint through the established complaints system. The principal accountable person could be required by the regulations to investigate the complaint, take necessary actions to address the issue if the complaint is upheld and provide a timely response to the resident. The intention is to ensure that building safety issues are promptly addressed, and residents' complaints are dealt with appropriately.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Complaints Section 51 - Category 1 buildings: duty of principal accountable person to operate complaints system