206.Subsection (1) places a duty on an accountable person for an occupied category 1 building to give “relevant building safety information” to the building safety authority and the fire safety authority. The information must be given in accordance with regulations made under this subsection.
207.“Relevant building safety information” means information about building safety risks relating to the part of the building for which the accountable person is responsible (subsection (2)).
208.Information reported under the occurrence recording system (section 38) should assist accountable persons in complying with their reporting duties under this section.
209.Subsection (3) requires regulations under subsection (1) to specify the relevant building safety information that must be given, the circumstances in which it must be given and the time by which it must be given. For example, this could relate to a particular type of fire or structural safety incident that has occurred.
210.The regulations may also make provision about how the information must be given (subsection (4)).
211.Subsection (5) provides that an accountable person commits an offence if, without reasonable excuse, they fail to comply with subsection (1).
212.If a person is found guilty of an offence under subsection (5) in a magistrates’ court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 12 months (which is the “applicable limit” set out in section 224(1A) (b) of the Sentencing Code, contained in the Sentencing Act 2020 (c. 17)).
213.Subsection (7) makes provision about the admissibility of information submitted to the building safety authority and the fire safety authority under this section i.e. it is not admissible in evidence in criminal proceedings against the person submitting the information except in specific circumstances.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Recording and reporting in relation to building safety risks Section 39 - Reporting to authorities: duty of accountable person