Proposed amendments
469 amendments across 84 provisions
Clause 1 4
Amendment text
“Implementation of Act: the building safety objectives
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Report on safety of people in or about buildings
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Clause 3 6
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furthering the protection of property, and”
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furthering the protection of property, and”
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regulatory activities should be carried out in a way which takes account of—
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In this Part “safety” means the risk of harm arising from the location, construction or operation of buildings which may injure the health and wellbeing of the individual.”
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In exercising a building function (other than an excepted function) the regulator may exercise the powers given by virtue of section 8 (certification of work) and section 9 (Appointed Person and management of works) of the Sustainable and Secure Buildings Act 2004.”
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In this Part “safety” means risk of harm arising from the location, construction or operation of buildings which may injure the health and wellbeing of the individual.”
Clause 4 6
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The assistance and encouragement that must be provided under subsection (1) includes, in particular, assistance and encouragement with a view to facilitating securing the safety of disabled people in or about higher-risk buildings in relation to building safety risks as regards those buildings.”
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In any higher-risk building within the meaning of subsection (3)(a) where works are proposed to be carried out that would require the regulator to be the building control authority by virtue of Part 4 the regulator shall be deemed to be the building control authority for all of those works.”
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““disabled”: see section 29;”
Clause 5 3
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The regulator must within two years of this section coming into force carry out and publish an assessment of the benefits and costs of measures on improving the safety of people in or about buildings relating to—
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the possible risks to safety as regards buildings and to the standard of buildings arising from the contractual arrangements relating to the construction and maintenance of buildings, including payment conditions.”
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The regulator must within two years of this section coming into force carry out and publish an assessment of the benefits and costs of measures on improving the safety of people in or about buildings relating to—
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Clause 9 1
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Clause 11 2
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The regulator must take all reasonable steps to ensure that the committee includes—
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Clause 12 3
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But regulations repealing section 9, 10 or 11 may be made only if the regulator has made a proposal to the Secretary of State for the making of such regulations (as to which see section 7(2)).”
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Clause 20 3
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A statement under subsection (1) must, in particular, include information about the regulator’s engagement with residents of higher-risk buildings who are disabled.”
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A statement under subsection (1) must outline the extent to which accountable persons have engaged with their residents in relation to the accountable person’s duty to avoid disability discrimination”.
Clause 29 1
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““disabled”: a person is disabled if the person has a physical or mental impairment which has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities;”
Clause 30 2
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“or is below 18 metres and poses a risk by reason of its construction material or lack of adequate fire escapes or fire detection systems as may be specified in regulations made by the Secretary of State.”
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In making regulations under this section, the Secretary of State must have regard to the ability of residents to evacuate a building, taking into account the vulnerability of residents and the number of means of egress.”
Clause 31 3
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A prescribed connection in subsection (1) means any works that engage in whole or in any part the regulator as the building control authority by virtue of Part 4.
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“Building safety and local authorities
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“Building safety and local authorities
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Clause 32 2
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“Building regulations: property protection
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“Building regulations: property protection
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Clause 38 3
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But, where the person is a body corporate, that person is liable on conviction on indictment to a fine which equals the cost of the construction work in respect of which the offence was committed, and liable to a further fine of twice the previous fine for each month during which the default continues after the initial conviction.”
Clause 41 10
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Conditions under subsection (4)(b) must specify standard qualifications and compulsory and regular training for registered building inspectors.”
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The code must set out standards for maintaining the independence and impartiality of registered building inspectors, including prohibiting any conflict of interest between inspectors and employers, or owners of any relevant buildings.”
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Conditions under subsection (3)(b) must specify standard qualifications and compulsory and regular training for building control approvers.”
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“Inspection of local authorities and registered building control approvers
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section 58Z7A (sharing of information between regulatory authorities);”
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section 91B (cooperation and sharing of information between Welsh Ministers and other authorities);
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“Information sharing
Clause 47 2
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“Insurance: removal of requirements
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Clause 52 1
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Clause 57 16
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The different provision that may be made by the regulations by virtue of section 120A(2)(b) includes in particular different provision in relation to—
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The regulations must exempt any relevant application made by or on behalf of a registered social landlord for the provision of social housing as defined under section 68 of the Housing and Regeneration Act 2008.”
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““building industry scheme” means a scheme established under section 128 of the Building Safety Act 2022;”
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For the purposes of subsection (3)(a), the amount of the levy may be—
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The regulations must exempt any relevant application made by or on behalf of a registered social landlord for the provision of social housing as defined under section 68 of the Housing and Regeneration Act 2008.
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may not take a specified step in relation to the application or notice (for example, may not grant an application, accept a notice or give a specified certificate in relation to works connected with the application or notice), or
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In this section “relevant application or notice” means—
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““amendment notice”, “initial notice” and “public body’s notice” have the same meaning as in Part 2 (see section 58);”
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““person” includes bodies corporate including a holding company or special purpose vehicle;”
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““relevant building” means a building in England consisting of or containing—
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“Crown application
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“Application to Parliament
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“Building Safety Regulations for multi-occupancy dwellings
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Clause 60 2
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Clause 62 1
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“or is below 18 metres and poses a risk by reason of its construction material or lack of adequate fire escapes or fire detection systems as may be specified in regulations made by the Secretary of State.”
Clause 72 1
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“Appointment of third parties
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Clause 74 1
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“Review of provisions relating to accountable persons
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Clause 79 1
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Clause 80 2
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Clause 81 2
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Clause 82 2
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Clause 83 2
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Clause 84 2
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Clause 85 1
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Clause 86 1
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Clause 88 1
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“Duty to avoid disability discrimination
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Clause 90 1
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“Duty of accountable persons to achieve best value
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Clause 93 4
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Where some or all of the residents of the building have formed a residents association, the strategy must be prepared in conjunction with, and agreed by, the association.”
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make provision to allow residents to appeal to the regulator about any aspect of the strategy, and
Clause 94 1
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“Contravention of requests for further information
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Clause 95 10
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in prescribed circumstances, consult relevant persons and prescribed persons on the strategy and take any representations made on the consultation into account when next reviewing the strategy;
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where there is no recognised tenants’ association in existence before the coming into force of this section—
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any prescribed person.”
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make provision about the preparation, review or revision of a residents’ engagement strategy, in cases where there is more than one accountable person for the building;”
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make provision about consultations under this section.”
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providing penalties where a principal accountable person fails to set up a proper complaints procedure or fails to do so in a reasonable time.”
Clause 96 1
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“Landlord’s duty to consult residents on building safety
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Clause 97 5
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““material” means any matter an observer with knowledge of all the relevant facts would consider material, and “materially” is to be construed accordingly;”
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Clause 98 8
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states all the facts supporting the accountable person’s basis of believing there is, or was, an alleged contravention;
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that contravention is, or was, material.”
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the contravention is, or was, reasonably likely to affect materially the safety of any resident;
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The regulator may, on an application made by a resident who has been given a contravention notice, give a final determination about the validity of the contravention notice and any sums payable.”
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““material” means any matter an observer with knowledge of all the relevant facts would consider material, and “materially” is to be construed accordingly;”
Clause 99 10
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sets out the factual basis, including all material supporting evidence, justifying the accountable person’s belief that there is an urgent reason, or emergency, requiring access;”
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an accountable person has a reasonable belief that there is an urgent reason, or an emergency, requiring the accountable person to access relevant premises,”
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The accountable person must have regard to the statutory code of practice issued by the regulator under section (Statutory code of practice regarding access to premises) in relation to requests under this section.”
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it is a case of genuine urgency, or an emergency, or
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must take into consideration the requirements of the statutory code of practice issued by the regulator under section (Statutory code of practice regarding access to premises) before making any order under this section;”
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“Statutory code of practice regarding access to premises
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Clause 101 2
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Clause 112 1
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Clause 114 2
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“Building safety directors of resident management companies
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Clause 115 26
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The relevant lease has effect—
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““relevant person” means—
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The Secretary of State may by regulations made by statutory instrument amend subsection (5B) so as to add, remove or modify a building safety measure.
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Liability for remuneration of building safety director of resident management company etc
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as if it contained provision authorising the appointment of a person (whether or not a leaseholder or a resident of the building) as a director of the landlord for a building safety purpose,”
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A covenant or agreement, whether contained in a lease to which section 30D or 30DA applies or in an agreement collateral to such a lease, is void insofar as it purports to modify the effect of section 30D(5A) or 30DA(2).”
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After section 20E (inserted by section 134) insert—
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section 30DA (liability for remuneration of building safety director of resident management company etc).””
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for “30B” substitute “30H”;”
Clause 116 14
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a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force.”
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a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force.”
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Clause 117 28
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“Remediation of certain defects
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“Meaning of “relevant building”
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“Meaning of “qualifying lease”
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“Meaning of “relevant defect”
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external cladding,
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“Associated persons
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“Remediation costs under qualifying leases
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“Remediation orders
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“Remediation contribution orders
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“Meeting remediation costs of insolvent landlord
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“Building industry schemes
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“Building industry schemes: supplementary
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“Prohibition on development for prescribed persons
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“Building control prohibitions
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“Building liability orders
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“Building liability orders: associates
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“Fire hazard remediation objectives
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“Fire Risk Assessment Authorities
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“FRAA Appeal Board
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“FRAA notices
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“Failure to comply with a Fire Regulation Assessment Authority notice
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“Government to provide interim relief
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“Government to be payer of last resort
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“Provision of information
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“Limitation on managing agent charges
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“Assistance to leaseholders
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“Remediation costs and Building Works Agency
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Clause 118 1
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Clause 119 1
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“Review of remediation work paid for by leaseholders
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Clause 120 9
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the relevant Northern Ireland department.”
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In this section, “the relevant Northern Ireland department” means—
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in relation to which a right under Part 1 of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal) or Part 3 of that Act (compulsory acquisition by tenants of landlord’s interest) has been exercised,”
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if the freehold estate in the building or part of the building is leaseholder owned (within the meaning of regulations made by the Secretary of State).”
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“Section 120: height of buildings and number of storeys
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Clause 121 5
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a relevant tenant was in receipt of a state pension and owned no more than five dwellings in the United Kingdom apart from their interest under the lease.”
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Clause 122 11
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in relation to land in Northern Ireland, a legal estate which is—
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in relation to homes in Northern Ireland, the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly.”
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If no Northern Ireland department has been designated for the purposes of this section then, for the purposes of subsection (10), “the relevant national authority” in relation to homes in Northern Ireland is the Executive Office in Northern Ireland.”
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works relating to the construction or conversion of the building, if the construction or conversion was completed in the relevant period;
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““conversion” means the conversion of the building for use (wholly or partly) for residential purposes;”
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Clause 123 8
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in the case of regulations made by the Secretary of State or the Welsh Ministers, by statutory instrument, and
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if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.”
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A partnership is associated with any person who was a partner in the partnership, other than a limited partner, at any time in the period of 5 years ending at the qualifying time (“the relevant period”).
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In this section “partnership” means—
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The Secretary of State may by regulations provide that, in relation to a prescribed reference in a provision mentioned in subsection (1) to anyone associated with another person, subsections (2) to (3) have effect with prescribed modifications.”
Clause 124 2
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the relevant Northern Ireland department.”
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In this section, “the relevant Northern Ireland department” means—
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Clause 125 5
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In subsection (3) the reference to a landlord under a lease includes any person who is party to the lease otherwise than as landlord or tenant.”
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a person with a legal or equitable interest in the relevant building or any part of it;”
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A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this section (other than one ordering the payment of a sum) is enforceable with the permission of the county court in the same way as an order of that court.”
Clause 126 10
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In this section, “the relevant Northern Ireland department” means—
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a landlord under a lease of the relevant building or any part of it,
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““developer”, in relation to a relevant building, means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;”
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the Secretary of State,”
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any other person prescribed by regulations made by the Secretary of State;”
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““partnership” has the meaning given by section 123;”
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The Secretary of State may by regulations provide that this section applies, with or without modifications, in relation to a building that would, but for section 120(3), be a relevant building.”
Clause 127 9
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to make such payments to a specified person as the court considers to be just and equitable for the purpose of meeting costs incurred or to be incurred in remedying relevant defects mentioned in subsection (1)(b).
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““act as an insolvency practitioner” has the meaning given by section 388 of the Insolvency Act 1986;”
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““partnership” has the meaning given by section 123;”
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““specified” means specified in the order.”
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“Leaseholder protection fund
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“Crown liability for disclaimed properties
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“Limitation on disclaimers of leaseholds
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Clause 128 12
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“Liability for failure to comply with construction product requirements
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“Liability relating to cladding products
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“Liability for failures relating to construction products: limitation
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“Costs contribution notices
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“Sale of goods online for use in buildings
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“Construction products regulations
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A scheme may be established for any purpose connected with—
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the conditions that an eligible person must meet in order to become, and remain, a member of the scheme (“membership conditions”),
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The membership conditions that may be prescribed include in particular conditions relating to—
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Regulations may make provision about the keeping and publication of other lists.”
Clause 129 16
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In article 6 (application to premises), in paragraph (1B)(b) after “balconies” insert “, but only insofar as any such balconies pose a material risk of the spread of fire, flame or smoke”.”
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“Public register of fire risk assessors
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“Carbon monoxide detectors and alarms
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“Fire hazard remediation: perpetrator pays principle
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“Fire Hazard Remediation Scheme
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“Training and qualifications of fire risk assessors
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Regulations may make provision about—
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Regulations may make provision about the determination of disputes.”
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Regulations may make provision about the termination of a scheme.”
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““construction product” has the meaning given by regulations;
Clause 130 6
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The descriptions of persons which may be prescribed include in particular persons who—
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“including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.”
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Within the period of five years beginning with the day on which this section comes into force, the Secretary of State must by regulations prohibit any developer who has not completed all previously identified works in relation the remediation of fire safety risks from carrying out development of land in England.”
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Clause 131 3
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The descriptions of persons which may be prescribed include in particular persons who—
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“including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.”
Clause 132 1
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Clause 133 16
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“Consultation on staircase regulations
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“Existing homes: standards
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“Electrical safety: leasehold dwellings in high rise residential buildings
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“Electrical safety: leasehold dwellings in mixed tenure high rise residential buildings
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“Duty of social landlords to undertake electrical safety inspections
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“Fire safety defects and defective dwellings
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“Fitness for human habitation
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“Property flood resilience
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“Property energy efficiency
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“Report on impact of climate change on building safety
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“Building Safety Indemnity Scheme
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“Inquiry into leaseholder remedial costs
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“Review of external wall fire assessments
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“Review of the impact of land contamination on building safety
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“Local authorities: impact of land contamination on building safety
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“Order for information in connection with building liability order
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Clause 134 1
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“Government grants: remediation works
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Clause 135 5
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““building function” has the meaning given by section 3;”
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“Annual data and transparency report
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“Permitted development
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“Report on the built environment industry workforce
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“Review of safety impact of retention
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Clause 136 8
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“Social landlords and defects
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“Fire safety defects: prohibition on raising charges
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“Duty of local authorities to pursue responsible developers
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“Building safety cost orders
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“Building safety cost orders: determinations
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“Building safety cost order: liability
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“Building Safety Cost Fund
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Clause 137 2
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sections (Remediation of certain defects) to (Meeting remediation costs of insolvent landlord) and Schedule (Remediation costs under qualifying leases) (remediation of certain defects);”
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“Application to Parliament
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Clause 139 5
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Clause 140 3
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regulations under section (Costs contribution notices),”.
Clause 141 2
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sections 120 to 127 and Schedule 9 (new homes ombudsman scheme);”
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Section 2(2) and Schedule 1 (amendments of the Health and Safety at Work etc Act 1974) extend to England and Wales and Scotland.”
Clause 142 4
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section (Liability relating to cladding products) and section (Liability for failures relating to construction products: limitation);”
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section (Costs contribution notices) and Schedule (Costs contribution notices) (costs contribution notices);”
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Regulations may not be made to appoint a day on which sections (Remediation of certain defects) to (Building liability orders: associates) come into force until the Secretary of State has published a detailed impact assessment on all the business likely to be affected by those provisions.”
Clause 144 2
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“New build home warranties
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“New build home warranties: financial penalties
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Clause 145 10
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“Liability relating to construction products
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“Liability relating to construction products
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“Liability for past defaults relating to cladding products
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“Liability relating to construction products: limitation in England and Wales
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“Liability relating to construction products: limitation in Scotland
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“Construction products: costs contribution orders
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“Costs contribution orders made by courts
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“Costs contribution orders made by the Secretary of State
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“Costs contribution orders: assessments
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“Sale of goods online for use in buildings
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Clause 146 1
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In article 35 (appeals) after paragraph (1) insert—
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Clause 150 2
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“Existing homes: standards
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“Consultation on staircase regulations
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Clause 151 1
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Where—
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Clause 152 2
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“Report on the built environment industry workforce
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“Review of the Act
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Clause 154 1
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sections (New build home warranties) and (New build home warranties: financial penalties) (new build home warranties);”
Clause 158 4
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regulations under sections (Costs contribution orders made by courts) to (Costs contribution orders: assessments),”
Clause 159 2
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sections (Costs contribution orders: general definitions) to (Costs contribution orders: assessments) (costs contribution orders);”
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Sections (Liability relating to construction products: general definitions) to (Liability for past defaults relating to cladding products)(liability relating to construction products) extend to England and Wales and Scotland.
Clause 160 2
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sections 119 to 127 and Schedule 9;”
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sections (Liability relating to construction products: general definitions) to (Costs contribution notices: assessments);”
Schedule 5 8
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“Equality Act 2010
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After section 36 insert—
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Omit sections 44 and 45 (and the heading before section 44).”
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In section 56(3) for the words from “, public body’s final certificates” to the end substitute “and public body’s final certificates.””
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section 105C;”
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“““the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);”;”
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The Sustainable and Secure Buildings Act 2004 is amended as follows.
Schedule 7 23
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one or more rights or liabilities of that person under the contract are relevant rights or liabilities,”
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A right or liability of an accountable person for the building under a relevant contract is a “relevant right or liability” if it relates to a function of that person under, or under regulations made under, this Part in relation to the building.”
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The notice under sub-paragraph (3)(e) must state which rights or liabilities under the contract are relevant rights or liabilities.”
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Schedule 8 7
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The Secretary of State may by regulations make provision about the determination of the value of a qualifying lease for the purposes of paragraph 4.”
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Such a charge is for all purposes to be treated as a service charge within the meaning of section 18 of the Landlord and Tenant Act 1985.”
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only if they are below a maximum as specified in regulations made by the Secretary of State, and”
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Schedule 9 51
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“SCHEDULE
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“Improvement requirements” are requirements about changes members must make in order to improve standards of conduct or standards of quality of work.”
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Any service charge paid in the pre-commencement period by a resident tenant under a qualifying lease in respect of cladding remediation which meets the condition in section (Meaning of “qualifying lease”) (2)(d)(i) (resident tenant) must be reimbursed by the relevant landlord within three months of the commencement date.
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In this paragraph, “the relevant Northern Ireland department” means the Northern Ireland department designated for the purposes of this paragraph by the First Minister and deputy First Minister acting jointly.”
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““joint venture” includes a partnership (as defined by section 123);”
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““prescribed” means prescribed by regulations made by the Secretary of State;”
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The definition of “service charge” applies in relation to a lease of premises that do not include a dwelling as it applies in relation to a lease of a dwelling.”
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This paragraph applies in relation to a lease of any premises in a relevant building.”
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“No service charge payable if landlord meets contribution condition
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where the relevant landlord is a trustee holding a legal or equitable interest in a relevant building on behalf of any third party who is not a tenant under a qualifying lease, the relevant landlord, any person associated with the relevant landlord, any such third parties and any persons associated with any such third parties;”
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£325,000, if the premises demised by the qualifying lease are in Greater London;
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the value of the qualifying lease at that time is to be determined as if the tenant’s total share at that time was 100%;
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The regulations may in particular provide that, except in prescribed cases, the value of a qualifying lease at the qualifying time is to be determined by—
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The regulations must provide that, except in prescribed cases, the value of a qualifying lease at the qualifying time is to be determined by reference to—
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A relevant service charge which would otherwise be payable under a qualifying lease is payable only if (and so far as) the sum of—
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““relevant service charge” means a service charge under a qualifying lease in respect of a relevant measure relating to any relevant defect.”
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forms the outer wall of an external wall system, and
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The Secretary of State may by regulations modify the application of this paragraph as it applies in relation to a lease of premises that do not include a dwelling.”
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“Presumption: qualifying lease
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“Information from landlords
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In section 21 of the Landlord and Tenant Act 1985 (service charge information), in subsection (6A) (inserted by section 115), after “2022)” insert “or relevant buildings (as defined by section 120 of that Act)”.”
Schedule 11 3
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“SCHEDULE
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“FIRE HAZARD REMEDIATION SCHEME
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Schedule 12 5
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Construction products regulations may under paragraph 20(1)(c) make consequential provision amending section (Liability relating to construction products), which may in particular include the omission or amendment of subsection (2)(b) and (c) of that section.”
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where the offence is triable summarily only, any fine with which the offence is punishable in Scotland or Northern Ireland does not exceed level 5 on the standard scale,
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provision omitting a construction product from the list of safety-critical products under paragraph 10(1);”
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provision under paragraph 21(2) (consequential provision relating to liability for construction products).”