Moved by
The Earl of Lytton
234: After Clause 136, insert the following new Clause—
“Building safety cost orders
(1) The Secretary of State must by regulations make provision for the Building Safety Cost Panel to make building safety cost orders on the application of an interested person.
(2) A “building safety cost order” under this section is an order requiring a specified body corporate to make payments to a specified person, for the purpose of meeting costs incurred or to be incurred in remedying relevant defects (or specified relevant defects) relating to a relevant building.
(3) An order may—
(a) require the making of payments of a specified amount, or payments of a reasonable amount in respect of the remediation of specified relevant defects (or in respect of specified things done or to be done for the purpose of remedying relevant defects);
(b) require a payment to be made at a specified time, or to be made on demand following the occurrence of a specified event;
(c) provide for payment in services or money’s worth.
(4) The regulations must make provision for the Building Safety Cost Panel to issue a warning notice to a person before determining whether to make a building safety cost order under this section against that person.
(5) The regulations must make provision requiring that a building safety cost order under this section—
(a) be made in a prescribed form;
(b) contain prescribed information.
(6) The regulations may make provision about service of a building safety cost order under this section including—
(a) how an order is to be served;
(b) when an order is to be taken as having been served;
(c) the persons on whom an order must be served.
(7) The regulations must make provision in relation to—
(a) enforcement of a building safety cost order made under this section (including enforcement by the Secretary of State or the tribunal);
(b) powers of the Secretary of State to order a person served with a building safety cost order to pay any costs incurred by the Secretary of State under section (Building safety cost order: determinations) in respect of a building safety cost order under this section.
(8) The regulations may make provision for persons to apply to the Secretary of State for a review of a building safety cost order under this section.
(9) The regulations must make provision for appeals to the tribunal in relation to—
(a) a decision of the Building Safety Cost Panel to make or not make a building safety cost order under this section;
(b) a refusal by the Building Safety Cost Panel to review a building safety cost order under this section;
(c) the outcome of a review by the Building Safety Cost Panel of a building safety cost order under this section.
(10) The regulations may in particular include provision suspending a requirement to pay an amount due under a building safety cost order under this section pending the determination of a review.
(11) The Secretary of State must make regulations under this section within a period of three months beginning with the day this section comes into force.
(12) In this section—
“associated”: see section 123;
“interested person”, in relation to a relevant building, means—
(a) the regulator (as defined by section 2),
(b) a local authority (as defined by section 29) for the area in which the relevant building is situated,
(c) a fire and rescue authority (as defined by section 29) for the area in which the relevant building is situated, or
(d) a person with a legal or equitable interest in the relevant building or any part of it;
“prescribed” means prescribed by regulations under this section;
“relevant building” means a building consisting of or containing one or more dwellings;
“relevant defect”: see section 122;
“specified” means specified in the order.
(13) This section comes into force on the day this Act is passed.”
Member’s explanatory statement
This new Clause confers a regulation-making power for the Secretary of State to provide for making of building safety cost orders by the Building Safety Cost Panel.