Moved by
The Earl of Lytton
82C: After Clause 65, insert the following new Clause—
“Building trustee
(1) A prescribed building must have a building trustee.
(2) In this section a prescribed building is—
(a) a higher-risk building as defined by section 65 of the Building Safety Act 2022, or
(b) a building where—
(i) 50 per cent or more of the internal floor of the building (taken as a whole) is not occupied for residential purposes, and
(ii) the total service charge payable for the building exceeded £250,000 in the last financial year, or
(c) a building where a recognised tenants’ association has requested the appointment of building trustee, or
(d) a building where a court or tribunal has ordered the appointment of a building trustee.
(3) The Secretary of State may by regulations amend the definition of prescribed building.
(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) In this section—
“building” means a self-contained building, or self-contained part of a building, in England that contains at least two dwellings;
“prescribed” means prescribed in regulations made by the Secretary of State;
“recognised tenants’ association” has the same meaning as in section 29 of the Landlord and Tenant Act 1985.”
Member's explanatory statement
This amendment requires higher-risk buildings (over 18m), and buildings where 50% or more of the floor space is not residential and with a total service charge of more than £250,000 to have a building trustee. A building trustee may also be appointed at the request of recognised tenants’ association, or by a court or tribunal.