347.This section makes provision for an accountable person to apply to a residential property tribunal for a non-residential premises access order in certain circumstances. These are that the accountable person has requested entry to the non-residential premises, the request is made for a purpose mentioned in subsection (2) and entry to the premises is not given. The request must also comply with the requirements in subsection (3). The non-residential premises to which this section applies are referred to in the section as “relevant premises”. This term is defined in subsection (8).
348.A non-residential premises access order is an order that requires the person who has control over entry to the relevant premises to allow the accountable person to enter the premises at a reasonable time for the purpose set out in the request.
349.The tribunal may make a non-residential premises access order if it is satisfied that it is necessary to do so for the purpose set out in the request (subsection (6)).
350.Example: A commercial car park that falls within the definition of “relevant premises” in subsection (8) lies beneath a regulated building. To complete a structural assessment of the building, the accountable person needs to inspect supporting columns and beams located within the car park. If access to the car park is not given following a request that complies with this section, the accountable person can apply to the tribunal for a non-residential premises access order.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Entry to non-residential premises Section 67 - Entry to non-residential premises by accountable person