Part 4: Higher-risk buildings Enforcement Section 101: Offence: contravention giving rise to risk of death and serious injury Effect
This section creates an offence of breaching a "relevant requirement" under the new regime set out in this Part of the Act, or regulations made under it, without reasonable excuse, where that failure places those in or about the building at a significant risk of death or serious injury arising from a building safety risk. A "relevant requirement" is defined as a requirement that is not excluded from enforcement action by secondary legislation. "Building safety risks" are defined in section 62.
	The offence is triable either way, with a maximum penalty of an unlimited fine and/or 12 months’ imprisonment (six months until the commencement of paragraph 24(2) of Schedule 22 of the Sentencing Act 2020). If tried in the Crown court, the maximum penalty will be an unlimited fine and/or two years’ imprisonment. If the breach continues after conviction, the court will also be able to impose an ongoing penalty until such time as the breach is remedied; that penalty will be set at a daily rate of a level 1 fine (currently £200).