Clause 131 - “Relevant owner”, “new build home” and “developer”

Part of Building Safety Bill – in the House of Commons at 4:00 pm on 19 January 2022.

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Amendments made: 49,  page 138, line 8, at end insert—

“(3A) In relation to a home in Scotland, subsection (3) has effect as if in paragraph (b) the words ‘for a term not exceeding 21 years’ were omitted.”

This amendment glosses the meaning of the “occupation condition” for homes in Scotland.

Amendment 50, page 138, line 21, leave out subsection (5) and insert—

“(5) ‘Relevant interest’ means—

(a) in relation to land in England or Wales, a legal estate which is—

(i) an estate in fee simple absolute in possession, or

(ii) a term of years absolute granted for a term of more than 21 years from the date of the grant;

(b) in relation to land in Scotland, the interest of an owner of land.”

This amendment provides the meaning of the “relevant interest” for Wales and Scotland (and is needed as a consequence of the new homes ombudsman scheme being expanded beyond England).

Amendment 51,  page 138, line 27, leave out “in England”.

See explanatory statement for Amendment 44.

Amendment 52,  page 138, line 29, leave out “in England”.

See explanatory statement for Amendment 44.

Amendment 53,  page 138, line 31, leave out “in England”.

See explanatory statement for Amendment 44.

Amendment 54,  page 138, line 36, leave out “Secretary of State” and insert “relevant national authority”.

This amendment, taken with Amendment 55, confers power on the Welsh Ministers and the Scottish Ministers (in addition to the Secretary of State) to adjust the meaning of “developer”.

Amendment 55, page 138, line 40, at end insert—

“(7A) In subsection (6)(b), ‘the relevant national authority’ means—

(a) in relation to homes in England, the Secretary of State,

(b) in relation to homes in Wales, the Welsh Ministers, and

(c) in relation to homes in Scotland, the Scottish Ministers.

(7B) Before making regulations under subsection (6)(b), the relevant national authority must consult each other person who is the relevant national authority in relation to regulations under that subsection.”

See explanatory statement for Amendment 54.