226.A building safety authority may direct the principal accountable person for a registered and occupied category 1 building to apply for a building certificate (subsection (2)). The principal accountable person must apply for a building certificate within the 28 days beginning with the day after the day on which the direction is given (subsection (3)).
227.The information and documents that must be provided to the building safety authority as part of the application for a building certificate is provided for in section 43(1) and includes information that will be specified in regulations.
228.The principal accountable person for the building must apply to the building safety authority for a further building certificate within five years, beginning with the day on which the most recent building certificate was issued (whether the building safety authority directs the principal accountable person to do so, or not) (subsection (4)).
229.The Welsh Ministers may, through regulations, either extend or shorten the period within which an application for a further building certificate under subsection (4) must be made (subsection (9)).
230.Subsection (5) provides that it is an offence to fail, without reasonable excuse, to comply with subsections (3) or (4).
231.If a person is found guilty of an offence under subsection (5) in a magistrates’ court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 12 months (which is the “applicable limit” set out in section 224(1A) (b) of the Sentencing Code, contained in the Sentencing Act 2020 (c. 17)).
232.If a person is found guilty of an offence under subsection (5) in the Crown court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 2 years. See also section 110 (fixed penalty notices).
233.Subsection (7) provides that a further offence is committed if, after conviction, subsection (3) or (4) (as applicable) continue not to be complied with. If found guilty of the further offence the person is liable to a fine for each day on which the failure continues (8).
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Building certificates Section 42 - Duty of principal accountable person to apply for building certificate