Clause 19

In this Part —“building” includes a building or any part of a building in respect of which building works are being carried out;“building product” means any product, material, assembly of components, software or other thing that is, or could be, used in a building and is prescribed by building regulations to be a building product for the purposes of Division 2;“reportable matter” means —

any safety incident that —

occurs on or after the date of commencement of section 19 of the Building Control (Amendment) Act 2020;

involves an exterior feature or a fixed installation; and

is prescribed by building regulations to be a reportable safety incident for the purposes of this Part; or

any safety risk that —

involves the use of a building product (even if the building product was used in a building before the date of commencement of section 19 of the Building Control (Amendment) Act 2020); and

is prescribed by building regulations to be a reportable safety risk for the purposes of this Part;“safety incident”, in relation to an exterior feature of a building or a fixed installation, means —

any situation where an individual dies, or is injured as a result of, an incident associated with the condition of the exterior feature or the operation of the fixed installation;

any situation where any property (other than the exterior feature or fixed installation itself) is damaged as a result of an incident associated with the condition of the exterior feature or the operation of the fixed installation; or

any situation or condition involving the exterior feature or fixed installation which endangers or which, if not corrected or if left unattended, would —

endanger the occupants of the building or any other person; and

induce a situation described in paragraph (a) or (b);“safety risk”, in relation to a building product, means a feature of the design or construction of —

the building product; or

a component, accessory or other part of a building product,such that the use of the building product in a building poses to any occupant of the building, or any member of the public in or in the vicinity of the building, risk of death or serious injury arising from the use of the building product in the building.(2) For the purpose of the definition of “safety risk” in subsection (1) and this Part —

a risk can be considered to arise from the use of a building product in a building even if the risk will only arise in certain circumstances or if some other event occurs, such as fire;

a building product is used in a building if it is or is to be incorporated into, connected to, or otherwise installed in a building by means of building works; and

use of a building product in a building includes a misuse of a building product in a building.”.