英国主要法律议题：酒店/高风险建筑需要注意什么？

Who Is Responsible for Compliance With the BSA? The Building Safety Act 2022(BSA) The person or entity that is responsible for the repair and maintenance of the relevant parts of the structure and exterior ofthe building will be referred to as the “accountable person”. This will usually be: Does the BSA Apply to Hotels? •A person who holds a legal estate in possession in any part of the common parts – where the property has been let, theperson responsible for the repair works under the relevant lease(s) will be the person responsible for compliance with theBSA.•A person who does not hold a legal estate in any part of the building but who is responsible for the repair/maintenance ofany part of the common parts (for example, a managing company). The BSA introduced a rigorous regime focusing closelyon “higher-risk buildings” (HRBs), defined as: •Being at least 18 metres in height or having at leastseven storeys•Containing at least two residential units Key Responsibilities of the Accountable Person Under the BSA Hotels are currently excluded from the definition of anHRB. However, this exclusion only applies where thebuilding is being used solely and entirely as a hotel. Thismeans that, if you own a hotel, the BSA could apply toyour building if: •Regularly assess the potential risks that could arise from the building as a result of structural failure or the spread of fire topart of the building•Take reasonable steps to prevent a building safety risk from materialising, or to reduce the severity of any incident thatcould occur•Prepare, update and maintain a safety case report for the building and provide a copy of the report to the building safetyregulator if required to do so•Establish a system for reporting any significant incidents or risks to the building (known as a “mandatory occurrence”)•Provide information to residents, as required, and implement a strategy for promoting participation of any residents/property owners in building safety decisions•Keep and maintain the information required under the BSA and associated regulations •The accommodation provided is serviced apartments.•The building provides short term lets.•The hotel forms part of a mixed-use development/is located within a building that includes residentialunits. Breach of Duties Under the BSA Failure to comply with the BSA can result in: •The regulator issuing a compliance notice (a notice that requires the accountable person to do something)•An unlimited fine•Criminal prosecution Construction Considerations During the construction and development phase, the BSA imposes key obligations and responsibilities on thosewho are appointed as “duty holders” who will be held responsible and accountable for the safety of the buildingduring the construction phase. This can include: •The developer(s)•The person/entity commissioning the work•The contractor(s)•The designer(s) The general responsibilities for each duty holder include ensuring: •The building work complies with the BSA•Information related to the works is shared and held securely•Where necessary, the relevant applications have been made to the building safety regulator and the relevantapprovals obtained•All parties appointed to the project are competent and have the necessary skills, knowledge, experience andbehaviours to carry the work they are instructed to do Combustible Materials Ban Hotels in England are now banned from using combustible materials in external walls of buildings that are morethan 18 metres in height. Electronic Communications Code 2017 (Code) Who Are Occupiers? Who Are Operators? Impact of Operator’s Rights onHotels and HRBs •Landowners (freeholders)•Tenants under a lease (leaseholders)•Occupiers under a licence or other agreement(e.g. a farm business tenancy)Note that some nonoccupiers may still be bound byan operator’s code rights. Certain companies that have been authorised byOfcom to exercise rights under the Code. A list ofauthorised operators can be accessed on the Ofcomwebsite. The presence of telecommunications equipment on abuilding can present many issues for occupiers, suchas: •Operational constraints, such as restricting anycommercial development that the business maywish to carry out and adding complexity to necessaryrepairs and maintenance, particularly as to rooftopworks. Operator Rights Occupier Rights •Health and safety issues. While operators haveresponsibility for the health and safety of their sitesand equipment, occupiers will retain responsibilityunder the BSA for buildings as a whole and areresponsible for holding “the golden thread ofinformation”, which may necessitate procuringinformation from any operators present on a building. Operators have numerous rights under the Code, butthese are the rights we see exercised and disputed mostoften in relation to HRBs: Occupiers can serve statutory notices to: •Remove an operator situated on their land or building(s)only in limited circumstances, the most common ofwhich are: