Special Measures: factsheet
Updated 5 April 2022
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This publication is available at https://www.gov.uk/government/publications/building-safety-bill-factsheets/special-measures-factsheet
What are we going to do?
The Building Safety Regulator will oversee a more stringent regulatory regime of ensuring fire and structural safety in occupied high-rise residential buildings.
Whilst strengthened compliance and enforcement measures will mean that the vast majority of Accountable Persons will meet their new duties, there may still be a small number who refuse to comply.
We are enabling the Building Safety Regulator to take action and put a building into special measures where residents’ safety is put at risk following serious or numerous failures by an Accountable Person to comply with their duties under Part 4 of the Bill.
The overall aim of the special measures process is to ensure the safety of residents by providing a last resort solution where all other avenues of compliance and enforcement measures by the Building Safety Regulator have failed.
How are we going to do it?
We are introducing a process whereby the Building Safety Regulator can apply to the First-tier Tribunal for an order appointing a Special Measures Manager to carry out functions in place of all Accountable Persons in the building.
The legislation sets out the process that the Building Safety Regulator must follow to obtain a special measures order to put the building into special measures. This includes ensuring that all requisite persons who may be impacted are consulted and can provide representations in relation to the appointment of, and terms of, the order appointing the Special Measures Manager.
The legislation sets out what the First-tier Tribunal must consider before making a Special Measures order, which will detail arrangements for:
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how the building will be managed by
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how contracts have been transferred to
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how funds will be diverted to the Special Measures Manager to manage the fire and structural safety of the building for the benefit of the residents living there
The First-tier Tribunal will have wide powers to vary or discharge an order on application by the Building Safety Regulator, Accountable Person or the Special Measures Manager.
Background
In her report, Dame Judith Hackitt recommended a strong regulatory framework for high-rise residential buildings in occupation that included “education, statutory notices, fines and ultimately criminal sanctions”.
Whilst this will incentivise the vast majority of those responsible for ensuring building safety to comply with their new duties, there may be some individuals who continue to breach their obligations following compliance and enforcement action taken by the Building Safety Regulator.
In these circumstances, the government believes it will be necessary to go further and introduce a special measures regime, which will ensure that residents can continue to live in their homes and feel safe whilst doing so.
Can residents apply to the First-tier Tribunal for a Special Measures Manager?
No, only the Building Safety Regulator can apply for the appointment of a Special Measures Manager.
The Bill establishes a formal complaints system, whereby residents can complain directly to the Regulator if they have concerns regarding the fire and structural safety of their building and these have not been dealt with by the Accountable Person, or they think the Accountable Person has breached their duties under Part 4 of the Act.
The Regulator will investigate and can take compliance and enforcement measures as necessary. In the most serious of cases, this could lead to the appointment of a Special Measures Manager.
What happens to the Accountable Person/ Building Safety Manager whilst the building is in Special Measures?
When a Special Measures Manger is appointed and a special measures order is made by the First-tier Tribunal, the Accountable Person is no longer responsible for meeting the obligations under Part 4 of the Bill but will be bound by any terms in the order.