New Clause 30 - Steps relating to remediation of defects

Leasehold and Freehold Reform Bill – in the House of Commons at 6:00 pm on 27 February 2024.

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“(1) The BSA 2022 is amended as follows.

(2) In the heading of section 120 (meaning of “relevant defect”), at the end insert “and “relevant steps””.

(3) In section 120, after subsection (4) insert—

“(4A) “Relevant steps”, in relation to a relevant defect, means steps which have as their purpose—

(a) preventing or reducing the likelihood of a fire or collapse of the building (or any part of it) occurring as a result of the relevant defect,

(b) reducing the severity of any such incident, or

(c) preventing or reducing harm to people in or about the building that could result from such an incident.”

(4) In Schedule 8 (remediation costs under qualifying leases etc), in paragraph 1(1)—

(a) omit the definitions of “building safety risk” and “relevant risk”;

(b) for the definition of “relevant measure” substitute—

““relevant measure” , in relation to a relevant defect, means—

(a) a measure taken to remedy the relevant defect, or

(b) a relevant step taken in relation to the relevant defect;

“relevant step” : see section 120;”.”—(Lee Rowley.)

This new clause is to be inserted as the first clause of a new Part. It amends provisions of the Building Safety Act 2022 which are about remediation of building defects. A definition of “relevant steps” is added, meaning steps which are essentially preventative or mitigating (such as installing a fire alarm) rather than remedying the defect.

Brought up, and added to the Bill.