Moved by
Lord Greenhalgh
74: Clause 115, page 117, line 4, leave out “(6)” and insert “(5)”
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.
75: Clause 115, page 117, line 8, leave out “in England”
Member’s explanatory statement
This amendment is a drafting change.
76: Clause 115, page 118, leave out lines 36 to 38
Member’s explanatory statement
This amendment is consequential on the amendments in the name of the Minister leaving out Clauses 82 to 86 (which remove provision about building safety managers).
77: Clause 115, page 119, leave out line 1
Member’s explanatory statement
This amendment is consequential on the amendments in the name of the Minister leaving out Clauses 82 to 86 (which remove provision about building safety managers).
78: Clause 115, page 119, line 7, leave out “Implied terms relating to building safety charges” and insert “Liability for building safety costs”
Member’s explanatory statement
This amendment is consequential on a subsequent amendment to this clause in the Minister's name which removes the building safety charge as a separate charge.
79: Clause 115, page 119, line 8, leave out “in England”
Member’s explanatory statement
This amendment is a drafting change.
80: Clause 115, page 119, leave out lines 10 to 17
Member’s explanatory statement
This amendment removes the building safety charge as a separate charge.
81: Clause 115, page 119, line 26, at end insert—
“(5A) The relevant lease has effect—
(a) as if the matters for which the service charge is payable under the lease included the taking of building safety measures by or on behalf of a relevant person (insofar as this would not otherwise be the case), and
(b) where the lease contains different methods for apportioning different relevant costs (within the meaning of section 18), as if it provided for any costs for which the tenant is liable by virtue only of paragraph (a) to be apportioned in the same way as costs incurred in connection with insuring the building.
(5B) “Building safety measure” means any of the following—
(a) applying for registration of a higher-risk building in accordance with section 77 of the Building Safety Act 2022;
(b) applying for a building assessment certificate in accordance with section 78 of that Act;
(c) displaying a building assessment certificate in accordance with section 81 of that Act;
(d) assessing building safety risks in accordance with section 87 of that Act;
(e) taking reasonable steps in accordance with section 88 of that Act (management of building safety risks), other than steps involving the carrying out of works as referred to in section 88(2);
(f) preparing and revising a safety case report in accordance with section 89 of that Act;
(g) notifying the regulator of a safety case report, and giving a copy of a safety case report to the regulator, in accordance with section 90 of that Act;
(h) establishing and operating a mandatory occurrence reporting system, and giving information to the regulator, in accordance with section 91 of that Act;
(i) keeping information and documents in accordance with section 92 of that Act;
(j) giving information and documents to any person in accordance with section 93, 94 or 96 of that Act;
(k) complying with any duty under section 95 of that Act (residents’ engagement strategy);
(l) establishing and operating a system for the investigation of complaints in accordance with section 97 of that Act;
(m) giving a contravention notice to a resident, and making an application to the county court, in accordance with section 100 of that Act;
(n) making a request to enter premises, or making an application to the county court, in accordance with section 101 of that Act (access to premises).
(5C) For the purposes of this section any of the following incurred in connection with the taking of a building safety measure are to be regarded as incurred in taking the measure—
(a) legal and other professional fees;
(b) fees payable to the regulator;
(c) management costs.”
Member’s explanatory statement
This amendment provides that the service charge provisions under the lease have effect as if they covered costs incurred or to be incurred in connection with the taking of building safety measures.
82: Clause 115, page 119, leave out line 28
Member’s explanatory statement
This amendment is consequential on the removal of the building safety charge as a separate charge.
83: Clause 115, page 119, line 31, at end insert—
““relevant person” means—
(a) if the landlord is an accountable person for the building, the landlord or a special measures manager for the building;
(b) otherwise, any superior landlord who is an accountable person for the building or a special measures manager for the building;”
Member’s explanatory statement
This amendment, which creates a definition of “relevant person”, is consequential on other amendments to this Clause in the name of the Minister.
84: Clause 115, page 119, line 36, at end insert—
“(7) 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.
(8) The regulations may make incidental, transitional or saving provision.
(9) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
Member’s explanatory statement
This amendment confers a power to amend the definition of “building safety measure”.