Our team is well versed in all building safety issues, advising a range of property owners, managers and residents on their exposure to ongoing legislative change that is aimed at overhauling the regulatory framework for building safety, providing the appropriate solutions to mitigate risk.
The Building Safety Act 2022 (“The Act”) was a landmark piece of legislation which was granted Royal Assent on 28 April 2022. Since then, a raft of secondary legislation has continued to bring The Act into force. This is a substantial piece of new legislation for residential real estate which is far reaching and has stringent enforcement penalties.
For those who work in the residential property industry the legislation may seem large, unwieldy and difficult to find a place to start, however it is critical that legal advice is sought as soon as possible to ensure compliance and minimise the risk of enforcement.
Given the newness of The Act and very early stages of any enforcement by the regulator, there is little market precedent to help those in the property industry prioritise the various obligations according to risk tolerance.
Our team is experienced in advising clients in relation to The Act and has developed innovative solutions to the issues thrown up since it came into force. Depending on where you sit within the chain be it landlord, tenant, Principal Accountable Person or anybody else affected by The Act it is crucial that you understand what is required of you.
We are well versed in building safety issues and the broader impact that The Act is having on the real estate sector. We have a range of experience including:
With the increasing complexity of legislation and changes surrounding The Act, our team of experts has set out a series of resources, including two glossaries to the key terms used when navigating the regulations, obligations and impacts of building safety in high-rise residential buildings. We also share regular legal developments surrounding building safety and offer insights on the emerging issues that could impact property owners which can be accessed below.
Part one defines the key words that advisers in England and Wales may use when working on the construction and management side of building safety of high-rise residential buildings.
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The second A-Z guide outlines the key words that practitioners may use when dealing with the landlord and leaseholder side of building safety of high-rise residential buildings.
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The Building Safety Act 2022 (the Act) includes significant measures to ensure the safety of leaseholders occupying higher rise buildings and to protect leaseholders from liability to pay for works to remedy building safety defects that would otherwise be recoverable via the lease service charge (leaseholder protections). Leaseholder protections may be relevant to both existing leaseholders and those looking to purchase a new or existing leasehold interest in a higher rise building. This briefing gives an overview of the application and availability of leaseholder protections.
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