313.This section enables an accountable person for an occupied regulated building to apply to a residential property tribunal for an access order where all the criteria in subsection (1) are met, and subsection (5) is complied with.
314.The purposes for which access can be requested are in subsection (2). The tribunal may make an access order if satisfied that it is necessary to do so for the purpose set out in the request (subsection (7)).
315.An access order is an order that requires a “relevant person” to allow entry to certain persons to “relevant premises” at a reasonable time, it can also include additional matters (subsection (6)). Key terms used in this section are defined in subsection (9).
316.Example: An accountable person needs to inspect a flat for potential contravention of section 54(2)(c) having received reports of tampering with an integrated smoke detector within a residential unit, which is part of a system installed throughout the building for the benefit of all residents. The resident is initially uncooperative and refuses entry. The accountable person then makes a further request, that complies with subsection (3). If the resident continues not to give entry to the unit, the accountable person can apply to the residential property tribunal for an access order.
317.Example: An accountable person becomes aware that a resident has undertaken extensive renovation works to their flat, including structural changes, and suspects a breach of the duty in section 55(2)(b). The accountable person also needs to carry out a further structural safety assessment under section 34. If, following a request that is compliant with subsection (3), entry continues not to be given the accountable person may apply to the tribunal for an access order.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Chapter 8 - Duties of Residents and Owners Etc. of Residential Units Section 58 - Entry to residential units etc. by accountable person