Building Safety - Boodle Hatfield

Your lawyers since 1722

Building Safety

Boodle Hatfield offers specialist legal advice across the whole spectrum of the Building Safety Act, working with clients through the requirements to ensure compliance and minimise the risk of enforcement.

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.

What is the Building Safety Act?

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.

Where to start with the Building Safety Act?

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.

How can we help?

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:

  • Government Fund applications and all associated documentation and procedures
  • Advising on the transitional arrangements for projects during the coming into force of The Act
  • Analysis of and advice explaining the requirements on landlords and relevant building owners as a result of the new regimes in place
  • Handling and advising on leaseholder and landlord’s certificates and the associated notice procedure
  • Advice relating to the new ‘gateways’ procedure
  • Section 20 advice for landlords and tenants
  • Analysis of lease terms in line with the new legislation
  • Advising on the changes to the Building Safety Regulator
  • Engagement of and appointment of technical experts
  • Advice relating to the intricacies of The Act and providing detailed guidance to steer clients through sections relevant to them
  • Experience of the contentious construction advice required to deal with claims relating to relevant defects
  • Advising on the registration of higher-risk buildings
  • Strategic and legal advice to ensure ongoing compliance and mitigate risk
  • Proceedings at Court or in the First-Tier Tribunal
  • Advising on purchases and disposals of property affected by The Act
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Resources, guides & insights

With the increasing complexity of legislation and changes surrounding The Act, our team of experts has set out 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.



The Building Safety Act Glossary - Construction & Management

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 Building Safety Act Glossary - Leaseholder Protection

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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Articles & Insights

What are the fundamentals of the Building Safety Act? Construction Partner, Sarah Rock provides guidance on what the principles of The Building Safety Act are and highlights the importance of seeking legal advice to ensure individuals are compliant with The Act, minimising the risk of enforcement. Read more Updates on the Building Safety Act Construction Partner, Sarah Rock outlines the timescale for implementation of second staircases in residential buildings above 18m in height and provides guidance on the mandatory registration of all residential buildings that are over 18 metres high or have more than 7 floors. Read more Developer Remediation Contract Construction Partner, Sarah Rock considers the lack of clarity on the developer remediation contracts, which has been causing confusion amongst developers looking at obligations involved in addressing the building safety crisis. Read more Building safety & the compulsory registration of high-rise buildings Whist the registration requirement around the Building Safety Act relates only to buildings over 18 metres or seven floors, The Act also contains significant provisions relating to ‘relevant buildings’ and ‘higher risk buildings’, brief details of which are set out here. Read more Remediation contracts to fix unsafe buildings Early in 2023, the UK government has published a final form of the remediation contract negotiated with the 49 developers that signed up to last year's Building Safety Pledge to commit to take steps to remediate unsafe buildings, which will apply to residential buildings of 11 meters and above, developed or refurbished by the relevant developer in the last 30 years. Read more View more