290.Subsection (1) requires each building safety authority to establish and operate a complaints system for the investigation of “relevant complaints” made or referred to it. “Relevant complaint” is defined in subsection (2), as a complaint that relates to a building safety risk relating to a regulated building (as defined in section 28), the performance by an accountable person for the building of any duty under the Act or regulations made under it, or the performance by a special measures manager for a category 1 building of any function conferred on the manager by a special measures order (see section 109).
291.Subsection (3) provides a power for the Welsh Ministers to make regulations about the establishment and operation of complaints systems, with subsection (4) giving examples of the type of provision that may be included in the regulations.
292.While the intention is to make regulations that will allow individuals to make complaints directly to a building safety authority, it is expected that they will first use the complaints arrangements made under section 51 or 52 (as relevant).
293.Regulations under subsection (3) may include provision so that a building safety authority has a role of deciding whether complaints made under section 51 or under regulations made under section 52 are “relevant complaints”.
294.The purpose of this section is to ensure that complainants have a clear route to escalate complaints if they feel they have not been adequately addressed by a principal accountable person and/or accountable person.
295.Example: A resident in a category 1 building notices a crack in the building's structure and raises an informal concern with the principal accountable person. If the principal accountable person does not address the concern adequately, regulations made under section 51 could allow the resident to escalate the issue to a formal complaint under the principal accountable person's complaints system operated under section 51. If the complaint is still not resolved, regulations under section 53 could allow the resident to escalate the complaint to the building safety authority for investigation.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Complaints Section 53 - Complaints to building safety authorities