122.Subsection (1) provides that the building safety authority can remove a building from its register if it is satisfied that the building is:
	neither a category 1 building nor a category 2 building, or
	not occupied and the total period for which it is not occupied will be at least six months.
123.The building safety authority has discretion as to whether to remove a building from the register.
124.Subsection (2) provides that before it removes a building from the register, the building safety authority must notify the principal accountable person (unless the proposed removal is following an application under section 25(2) and any other accountable persons for the building of its intention to remove the building. Subsection (3) provides for what must be included in a notice given under subsection (2).
125.Those given the notice will then have a “specified period” (which must be at least 14 days) in which they can make representations to the building safety authority about its proposal to remove the building from the register. For example, if they disagree with the proposal this provides an opportunity for them to explain why they disagree.
126.The building safety authority must have regard to any such representations made in accordance with the notice given under subsection (2) in deciding whether to remove the building from the register subsection (5). Once the building safety authority has made a decision it must then notify each accountable person of its decision as to whether to remove the building from the register subsection (6).
127.Subsections (7) and (8) make provision about what must be included in a notice of a decision to remove a building from the register (depending on whether the decision to remove the building from the register is following an application by the principal accountable person under section 25(2)).
128.A decision to remove a building from the register (other than where that decision was made pursuant to an application under section 25(2) is a reviewable decision (see section 63(2)). Following the outcome of a review an affected person can make an appeal to the tribunal (see section 65). As such subsection (9) makes provision about the circumstances in which a decision to remove a building from the register cannot take effect, so as to enable the decision to be subject to review and appeal prior to the removal taking effect.
129.Where subsection (9) no longer applies, subsection (10) provides that the building safety authority must, if the date specified in the notice given under subsection (8) has already passed, set a future date for the removal to take effect, unless the date has been determined as a result of the review or appeal.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Removal of building from register Section 26 - Removal of building from register by building safety authority