Part 4: Higher-risk buildings Registration and certificates Section 81: Building assessment certificates Background
The Independent Review identified that residents in higher-risk buildings need assurance in terms of the fire and structural safety of their buildings. Provisions relating to a Building Assessment Certificate help to ensure statutory obligations under the new regime are being met, by confirming that at the time of assessment, the regulator was satisfied that the Accountable Persons were complying with the relevant statutory obligations.
Example
The way in which the Principal Accountable Person can expect to be issued notices and certificates by the regulator, under this section, will be set out in regulations. The information that will be included on the Building Assessment Certificate will also be set out in regulations. This is likely to include the date on which the assessment was carried out by the regulator, and details of the Accountable Person(s) at the time of assessment.
Once the Principal Accountable Person has applied for the Building Assessment Certificate by submitting the prescribed information and documents to the Building Safety Regulator, the regulator will consider the application and decide whether the relevant statutory duties are being complied with at the time of assessment. The regulator may also undertake an inspection of the building before making its decision.
If the Building Safety Regulator is satisfied that all relevant duties are being complied with at the time of assessment, then the regulator must issue the Building Assessment Certificate.
If the regulator finds a relevant duty is not being complied with on assessment, but the regulator considers that it can be remedied promptly, then it may issue a notice to the Principal Accountable Person instead of immediately refusing the application for the Building Assessment Certificate. The notice to the Principal Accountable Person will briefly describe the contravention and specify a short period by which the contravention should be remedied. If the Principal Accountable Person complies with the notice, and the contravention is remedied within the specified period, then the regulator may issue the Building Assessment Certificate. If the contravention is not remedied within the specified period, then the regulator must refuse to issue the certificate.
Under section 82, once the Building Assessment Certificate has been issued by the Building Safety Regulator, it must be displayed in a prominent place within the building.