Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025

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Amendment of section 6 of Act of 1990

34. Section 6 of the Act of 1990 is amended—

(a) in subsection (2)—

(i) in paragraph (a)—

(I) in subparagraph (ii), by the substitution of “fire safety design certificate” for “fire safety certificate”,

(II) in subparagraph (iv), by the substitution of “fire safety design certificate” for “fire safety certificate” in both places where it occurs,

(III) in subparagraph (v), by the substitution of “fire safety design certificate” for “fire safety certificate” in both places where it occurs,

(IV) in subparagraph (vi)—

(A) by the substitution of “fire safety design certificate” for “fire safety certificate” in both places where it occurs, and

(B) by the substitution of “revised fire safety design certificate” for “revised fire safety certificate”,

(V) in subparagraph (ix), by the substitution of “access to, and use of, a building for persons with disabilities (an ‘access and use design certificate’)” for “access to a building for persons with disabilities (a ‘disability access certificate’)”,

(VI) in subparagraph (x)—

(A) by the substitution of “fire safety design certificate” for “fire safety certificate” in both places where it occurs,

(B) by the substitution of “revised fire safety design certificate” for “revised fire safety certificate”,

(C) by the substitution of “an access and use design certificate” for “a disability access certificate” in both places where it occurs,

(D) by the substitution of “revised access and use design certificate” for “revised disability access certificate”, and

(E) by the substitution of “building control authority,” for “building control authority, and”,

(VII) in subparagraph (xi)—

(A) in clause (I), by the substitution of “fire safety design certificate, an access and use design certificate, a revised fire safety design certificate, a revised access and use design certificate, a regularisation certificate or a regularisation fire safety design certificate” for “fire safety certificate or disability access certificate (or, as the case may require, a revised certificate of either kind) or a regularisation certificate”, and

(B) in clause (II), by the substitution of “attachment of conditions to any of them, and” for “attachment of conditions to any of them;”,

and

(VIII) by the insertion of the following subparagraphs after subparagraph (xi):

“(xii) where work has been commenced or completed in respect of the construction of a building or an extension of or material alteration to a building and such notice as may be specified in regulations made under paragraph (k) has not been given in accordance with those regulations, the submission to a building control authority of a notice in writing (in this section referred to as a ‘regularisation notice’) by a person who has commenced or completed such work,

(xiii) the submission to a building control authority, by a person who submits a regularisation notice, of a statutory declaration (in this Act referred to as a ‘regularisation notice statutory declaration’) made by that person stating that any works that have been commenced before the submission of the regularisation notice concerned comply with the building regulations,

(xiv) the submission to a building control authority of certificates on completion of works (in this Act referred to as ‘certificates of compliance on completion’) being certificates relating to compliance with the building regulations (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) after the completion of the construction of any buildings, classes of buildings, works or classes of works, to which such building regulations apply,

(xv) where work has been commenced or completed in respect of the construction of a building or an extension of or a material alteration to a building, and no application has been made for a fire safety design certificate that is required under building control regulations for such construction, extension of, or material alteration to, a building, the submission to a building control authority of an application for a certificate (in this Act referred to as a ‘regularisation fire safety design certificate’) which shall be accompanied by drawings of the relevant works and a statutory declaration from the applicant stating that such works would comply (subject to any relevant dispensation or relaxation already granted under section 4 or 5, any conditions attached to the certificate or to any appeal under section 7 which has been allowed) with such provisions of the building regulations relating to fire safety as may be prescribed,

(xvi) that a new building, or an existing building in respect of which an extension or a material alteration has been made, shall not be opened, operated or occupied or permitted to be opened, operated or occupied—

(I) unless a regularisation fire safety design certificate required by regulations under this Act has been granted by the building control authority in relation to the building, or

(II) if such an appeal is made to it, pending the determination of an appeal under section 7 relating to a refusal to grant a regularisation fire safety design certificate or the attachment of conditions to such a certificate,

(xvii) the submission to a building control authority, in relation to work the subject of a regularisation notice, of regularisation certificates on completion of works (in this Act referred to as ‘regularisation certificates of compliance on completion’) being certificates relating to compliance with the building regulations (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) after the completion of the construction of any buildings, classes of buildings, works or classes of works, to which such building regulations apply, and

(xviii) that a new building, or an existing building in respect of which an extension or a material alteration has been made shall not be opened, operated or occupied or permitted to be opened, operated or occupied unless a certificate of compliance on completion, or a regularisation certificate of compliance on completion, required by regulations under this Act has been submitted to the building control authority in relation to the buildings, works or classes of works, to which such building regulations apply, and registered in accordance with paragraph (f).”,

and

(ii) in paragraph (b)—

(I) in subparagraph (i)—

(A) in clause (II), by the substitution of “fire safety design certificates, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificates, access and use design certificates and revised access and use design certificates” for “fire safety certificates, revised fire safety certificates, regularisation certificates, disability access certificates and revised disability access certificates”, and

(B) by the insertion of the following clause after clause (V):

“(VI) regularisation notices and regularisation notice statutory declarations,”,

and

(II) in subparagraph (ii), by the substitution of “fire safety design certificates, 7 day notices, 7 day notice statutory declarations, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificate, access and use design certificates, building energy rating certificates, revised access and use design certificates” for “fire safety certificates, 7 day notices, 7 day notice statutory declarations, revised fire safety certificates, regularisation certificates, disability access certificates, building energy rating certificates, revised disability access certificates”,

(iii) in paragraph (d), by the substitution of “fire safety design certificates, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificates, access and use design certificates and revised access and use design certificates” for “fire safety certificates”,

(iv) in paragraph (e), by the substitution of “fire safety design certificate, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate” for “fire safety certificate”,

(v) by the substitution of the following paragraph for paragraph (f):

“(f) the registration of certificates of compliance and regularisation certificates of compliance and of such information as may be prescribed in relation to applications for fire safety design certificates, fire safety design certificates, applications for revised fire safety design certificates, revised fire safety design certificates, applications for regularisation certificates, regularisation certificates, applications for regularisation fire safety design certificates, regularisation fire safety design certificates, applications for access and use design certificates, access and use design certificates, applications for revised access and use design certificates, revised access and use design certificates, notice given under paragraph (k), 7 day notices, applications for certificates of approval and certificates of approval and the making available of such information to such persons as may be prescribed;”,

(vi) in paragraph (h)—

(I) by the substitution of the following subparagraph for subparagraph (i)—

“(i) the registration of certificates of compliance, certificates of compliance on completion, regularisation certificates of compliance on completion, notices given under paragraph (k) and regularisation notices,”,

and

(II) by the substitution of the following subparagraph for subparagraph (ii)—

“(ii) the submission of applications for fire safety design certificates, 7 day notices, 7 day notice statutory declarations, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificate, access and use design certificates, revised access and use design certificates, or certificates of approval,”,

and

(vii) in paragraph (j), by the substitution of “fire safety design certificates, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificate, access and use design certificates, revised access and use design certificates, certificates of compliance on completion, regularisation certificates of compliance on completion, regularisation notices” for “fire safety certificates”,

(b) in subsection (2A), by the substitution of “References in subsection (2)(a)(iv) to (xviii)” for “References in subsection (2)(a)(iv) to (xi)”,

(c) by the substitution of the following subsection for subsection (5)—

“(5) Where, within a period of 2 months beginning on the date of an application for a fire safety design certificate, 7 day notice, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate or a certificate of approval, or within such extended period as may at any time be agreed in writing between the applicant and the building control authority, the building control authority does not notify the applicant of the decision on the application, then a decision by the building control authority to grant the fire safety design certificate, 7 day notice, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate or the certificate of approval, as the case may be, shall be regarded as having been made on the last day of the period or such extended period, as the case may be.”,

and

(d) in subsection (6), by the substitution of “fire safety design certificate, 7 day notice, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate” for “fire safety certificate, 7 day notice, revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate”.