The ongoing Inquiry into construction materials, including combustible cladding and insulation, has resulted in a major statutory reform. This includes the consolidation of building safety, fire safety and construction regulation. We have a track record of successfully advising house builders, developers, investors, contractors and other professionals in navigating this developing regulatory landscape.
The Building Safety Act 2022 (the Act) will have significant implications for residential developers, investors, contractors, construction professionals and their insurers.
Specifically, the Act:
- consolidates contradictory and outdated existing legislation under the Building Act, Defective Premises Act (DPA) and Building Regulations
- clarifies your obligations under the Regulatory Reform (Fire Safety) Order (RRO)
- sets out how construction of high-rise buildings should be controlled and managed. This applies across the planning, construction, management and occupation phases
- regulates building products where failure would risk serious injury or death
- protects leaseholders and occupiers where the need for remedial works arises from defective works
- gives developers and landowners options for claiming remediation costs from constructors whose work is defective
- extends the limitation periods to claim from parties responsible for defective works.
What you need to know now
Whilst the legislation has been passed, the majority of its provisions will not come into force for the next 12 – 18 months. However, it is worth noting that on 28 June 2022 the limitation period for claims under the Defective Premises Act 1972 was extended from 6 years to between 15 - 30 years.
To see a breakdown of the key points from the Act select a topic from the carousel below:
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With some legislation already enacted and many more provisions still in the pipeline, there's a lot to take in with the Building Safety Act 2022. That's why our specialist Building Safety Group, together with experts in planning, construction, and real estate dispute resolution are ready to help you every step of the way.
We provide building safety crisis management and strategic advice to some of the country's largest and best-known house builders. We recently concluded one of the first major post-Grenfell fire-safety and cladding class actions, acting for the developer in the Technology & Construction Court. The successful outcome for our client was achieved in parallel with an insurance-funded remedial scheme so that leaseholders were held harmless from the cost of repair works.
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