Moved by
Lord Greenhalgh
62: Before Clause 117, insert the following new Clause—
“Remediation of certain defects
(1) Sections (Meaning of “relevant building”) to (Meeting remediation costs of insolvent landlord) and Schedule (Remediation costs under qualifying leases) make provision in connection with the remediation of relevant defects in relevant buildings.
(2) In those sections—
(a) sections (Meaning of “relevant building”) to (Associated persons) define “relevant building”, “qualifying lease”, “the qualifying time”, “relevant defect” and “associate”;
(b) section (Remediation costs under qualifying leases) and Schedule (Remediation costs under qualifying leases) contain protections for tenants under qualifying leases in respect of costs connected with relevant defects, and impose liabilities on certain landlords;
(c) section (Remediation orders) makes provision about remediation orders, under which a landlord in a relevant building is required to remedy certain relevant defects;
(d) section (Remediation contribution orders) makes provision about remediation contribution orders, under which an associate of a landlord in a relevant building is required to contribute towards the costs of remedying certain relevant defects;
(e) section (Meeting remediation costs of insolvent landlord) makes provision about cases where a company that is a landlord in a relevant building is being wound up, and confers on the court a power to require an associate of the company to contribute to its assets.”
Member’s explanatory statement
This new Clause introduces provisions about the remediation of certain defects arising out of works carried out before commencement.
63: Before Clause 117, insert the following new Clause—
“Meaning of “relevant building”
(1) This section applies for the purposes of sections (Meaning of “qualifying lease”) to (Meeting remediation costs of insolvent landlord) and Schedule (Remediation costs under qualifying leases).
(2) “Relevant building” means a self-contained building, or self-contained part of a building, in England that contains at least two dwellings and—
(a) is at least 11 metres in height,
(b) has at least 5 storeys, or
(c) is of a description prescribed by regulations made by the Secretary of State.
This is subject to subsection (3).
(3) “Relevant building” does not include a self-contained building or self- contained part of a building—
(a) in relation to which the right to collective enfranchisement (within the meaning of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993) has been exercised, or
(b) which is on commonhold land.
(4) For the purposes of this section a building is “self-contained” if it is structurally detached.
(5) For the purposes of this section a part of a building is “self-contained” if—
(a) the part constitutes a vertical division of the building,
(b) the structure of the building is such that the part could be redeveloped independently of the remainder of the building, and
(c) the relevant services provided for occupiers of that part—
(i) are provided independently of the relevant services provided for occupiers of the remainder of the building, or
(ii) could be so provided without involving the carrying out of any works likely to result in a significant interruption in the provision of any such services for occupiers of the remainder of the building.
(6) In subsection (5) “relevant services” means services provided by means of pipes, cables or other fixed installations.
(7) The Secretary of State may by regulations make provision supplementing this section, including in particular—
(a) provision defining “storey” for the purposes of this section;
(b) provision about how the height of a building is to be determined for those purposes.”
Member’s explanatory statement
This new Clause defines “relevant building” for the purposes of the provisions relating to the remediation of defects arising out of works carried out before commencement.