135Council to be notified of significant fire safety issues

135 Council to be notified of significant fire safety issues

135 Council to be notified of significant fire safety issues

(1) This section applies to a certifier if—

(a) an application is made to the certifier for a complying development certificate affecting an existing building, and

(b) the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and

(c) between receiving the application and issuing the complying development certificate, the certifier becomes aware, when carrying out an inspection or otherwise, of a significant fire safety issue with the building.

(2) Within 2 days after becoming aware of a significant fire safety issue, the certifier must give written notice to the council that describes the fire safety issue and the parts of the building affected by the issue.

(3) However, the certifier is not required to give notice if the fire safety issue is being addressed by—

(a) the development, or

(b) a fire safety order under the Act, Schedule 5, Part 2, or

(c) another development consent that affects the building.

(4) To avoid doubt, this section extends to a council that is a certifier.