236.This section applies where the principal accountable person for a category 1 building makes an application for a building certificate under section 42(3) or (4).
237.Once the principal accountable person has applied for a building certificate, the building safety authority must assess whether the “relevant duties” (defined in subsection (6)) are being complied with.
238.As part of its assessment (under subsection (2)) the building safety authority may inspect the building.
239.The building safety authority must issue a building certificate for the building if it is satisfied that all the relevant duties are being complied with (subsection 3).
240.If the building safety authority is not satisfied that all of the relevant duties are being complied with, it must refuse the application and give the principal accountable person notice of the refusal (subsection (4)). However, this is subject to subsection (5). When determining the application, if the building safety authority considers that a relevant duty is not being complied with, but it considers that the matter can be remedied promptly, it can issue a notice to the principal accountable person. The notice must contain a brief description of the failure and specify a period for remedying it. If the failure is remedied within that period, the authority may issue a building certificate.
241.If a notice of refusal is given this must include information about the right to appeal (subsection (7)).
242.Where the building safety authority becomes aware of non-compliance with a duty, they would have the option of issuing a compliance notice under section 96.
243.The Welsh Ministers may, by regulations, make further provision about building certificates or notices, and this may include, for example the form, content, and the way in which they are to be given (subsections (8) and (9)).
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Building certificates Section 44 - Determination of applications and issues of certificates