Schedule 7: Special Measures Paragraph 13: Notification by regulator before applying to vary special measures order Background
Where the Building Safety Regulator proposes to apply to the First-tier Tribunal to vary a special measures order in relation to an higher-risk building, this paragraph ensures procedural fairness, including giving affected parties the opportunity to provide representations. The paragraph ensures that the Building Safety Regulator discharges its power to vary a special measures order in a fair way.
Example
The Building Safety Regulator is working with the Special Measures Manager and they both identify that a further specific function relating to part 4 of the Act needs to be included in the order. The Building Safety Regulator notifies the Accountable Persons, the Special Measures Manager and persons specified in this paragraph, of its intention to apply to the First-tier Tribunal to vary the order and provides details on how and by when, representations can be made. The managing agent also feels that the specific function should be included in the order and provides comments on the proposal to Building Safety Regulator. The Building Safety Regulator considers these, decides to continue to apply for the variation of the special measures order at the First-tier Tribunal and issues a final notice to that effect, including its reasons and terms of variation.