Moved by
Lord Greenhalgh
66: Before Clause 117, insert the following new Clause—
“Meaning of “relevant defect”
(1) This section applies for the purposes of sections (Remediation costs under qualifying leases) to (Meeting remediation costs of insolvent landlord) and Schedule (Remediation costs under qualifying leases).
(2) “Relevant defect” means a defect as regards a building that—
(a) arises as a result of anything done (or not done), including anything used (or not used), in connection with relevant works, and
(b) causes a building safety risk.
(3) In subsection (2) “relevant works” means works relating to the building (including its initial construction) that were carried out—
(a) before completion, if completion occurred in the period of 30 years ending with the coming into force of this section, or
(b) by or on behalf of a relevant landlord or management company, after completion and within that period.
(4) For the purposes of this section—
“building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from—
(a) the spread of fire, or
(b) the collapse of the building or any part of it;
“completion” and “management company” are defined by regulations made by the Secretary of State;
“relevant landlord” means a landlord under a lease of the building or any part of it.”
Member’s explanatory statement
This new Clause defines “relevant defect” for the purposes of the provisions relating to the remediation of defects arising out of works carried out before commencement.