438.The purpose of this section is to place enforcement functions on fire safety authorities and building safety authorities, and to identify what requirements under this Act (and regulations made under it) and what requirements under the Regulatory Reform (Fire Safety) Order 2005, each “enforcing authority” has the function of enforcing. Certain defects in a category 1 or category 2 building may result in both a fire safety risk and a structural safety risk, for example a crack in a load-bearing wall. In such a case it is possible that both authorities would take enforcement action.
439.Subsection (4) defines “enforcing authority” for the purposes of the Act, and this term is used in many places in the Act. For example, under section 96 an “enforcing authority” can give a compliance notice in certain circumstances, so reference to section 94 will need to be made so as to determine who the “enforcing authority” is.
Commentary on Sections Enforcing authorities Section 94 - Enforcement functions of fire safety authorities and building safety authorities