Building Safety Act 2022

91 Residents’ engagement strategy E+W

(1) The principal accountable person for an occupied higher-risk building must—

(a) as soon as reasonably practicable after the relevant time prepare a strategy (a “residents’ engagement strategy”) for promoting the participation of relevant persons in the making of building safety decisions;

(b) review the strategy at prescribed times, and revise it if they consider it necessary or appropriate to do so;

(c) 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;

(d) act in accordance with the strategy.

(2) “Building safety decision” means a decision by an accountable person for the building that—

(a) is about the management of the building, and

(b) is made in connection with the performance of a duty of the accountable person under, or under regulations made under, this Part.

(3) The strategy must include information about—

(a) the information that will be provided to relevant persons about decisions relating to the management of the building,

(b) the aspects of those decisions that relevant persons will be consulted about,

(c) the arrangements for obtaining and taking account of the views of relevant persons, and

(d) how the appropriateness of methods for promoting participation will be measured and kept under review.

(4) As soon as reasonably practicable after the strategy is prepared or revised, each accountable person for the building must give a copy of the strategy to—

(a) each resident of the building who—

(i) is aged 16 or over, and

(ii) resides in a residential unit in the part of the building for which the accountable person is responsible;

(b) each owner of a residential unit in that part of the building;

(c) any prescribed person.

(5) The duty under subsection (4)(a) does not apply in relation to a resident if the accountable person—

(a) is not aware of the resident, and

(b) has taken all reasonable steps to make themselves aware of persons who reside in residential units in the part of the building for which the accountable person is responsible.

(6) The Secretary of State may by regulations—

(a) make further provision about the content of a residents’ engagement strategy;

(b) 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;

(c) make provision about the way in which a copy of the strategy is to be given;

(d) make provision about consultations under this section.

(7) In this section—

• “relevant persons” are—

  (a)

  residents of the higher-risk building who are aged 16 or over, and

  (b)

  owners of residential units in the building;

• “the relevant time” has the meaning given by section 85.

Commencement Information

I1 S. 91 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I2 S. 91 in force at 16.1.2024 in so far as not already in force by S.I. 2024/40, reg. 2(l)