Legal issues for UK Construction Businesses, Spring 2022

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Legal issues for UK Construction Businesses, Spring 2022

Legal issues for UK Construction Businesses, Spring 2022

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April 7, 2022

Welcome to our spring round-up of articles on recent issues and news affecting UK construction businesses.

To discuss how these issues might affect your business, please get in touch with one of the Key Contacts.

Building safety update
Resolving construction disputes
Real Estate and Planning
Issues for commercial and HR directors
The challenges presented by AI
Global issues including global sanctions support

Building safety update
An update on the Building Safety Bill's progress through Parliament	Our latest legislation update focuses exclusively on the Building Safety Bill, given its importance for the construction industry, property owners and leaseholders. Currently under review in the House of Lords, the Bill is expected to receive Royal Assent in the summer. Click on the links to read a specific section or here to read the full update. The Building Safety Bill – recap of aims Progress of the Bill through Parliament Government amendments to the Bill DLUHC Committee inquiry into building safety, funding and remediation New government factsheets published (23 March 2022) Government discussions with the industry on proposed solutions Procurement Guidance on improving building safety Latest ISSG report – change of culture needed Related legislation and guidance EWS1 Building safety forms and introduction of PAS 9980:2022 The Building Safety Fund (BSF) Welsh approach to building safety – overview Scottish approach to building safety – overview
Resolving construction disputes
Reforming the Arbitration Act 1996	Much has happened in the 25 years since the Arbitration Act 1996 came into force. Technical innovation, Brexit and COVID-19 as well as a significant shift in societal attitudes (for example, in relation to racial and gender equality) mean the themes proposed by the Law Commission's 14th Programme of reform are timely. In Arbitration Act’s 25th anniversary: an opportunity for wider reform, we highlight some of the wide-ranging initiatives within the arbitration community including ArbitralWomen, the Campaign for Greener Arbitrations and the CIArb Framework Guidance on the use of technology in international arbitration. (This article was published in 2 March 2021 in Construction Law.)
Focus on settlement: Pre-Action Protocol reforms	The Civil Justice Council has consulted on proposed reforms to Pre-Action Protocols (PAPs) in which respondents were asked to consider the role of PAPs in an increasingly digitalised justice system. In Pre-Action Protocol Reforms, we summarise the proposals and share some of our experience of the benefits of pre-action Alternative Dispute Resolution processes. (This article was first published on 2 February 2022 in Construction Law.)
Sharing our Construction team's experience of mediation	The Ministry of Justice called for evidence on Dispute Resolution in August 2021. We shared some of our Construction team's views and experience of mediation in Mainstreaming ADR: feedback and ideas on topics such as compulsory mediation, mediator qualifications and behaviour, and multi-tier dispute resolution clauses in construction contracts. (This article was first published in Construction Law in December 2021.)
Real Estate and Planning
The Economic Crime (Transparency and Enforcement) Act 2022 UK Register of Overseas Entities	The Economic Crime (Transparency and Enforcement) Act 2022, which received Royal Assent on 15 March 2022, contains provisions for targeting "dirty money" and a statutory framework for the creation and maintenance of a register of the beneficial ownership of overseas entities (OE) that own land in the UK (OE Register). Our interactive guide to the OE Register helps to answer most questions: UK Register of Overseas Entities – impact on English and Welsh real estate, Interactive tool kit. To read more about the Economic Crime (Transparency and Enforcement) Bill – of which all overseas investors in UK real estate should take note – click here.
The Scottish Register of Persons holding a Controlled Interest in Land	The Scottish Register of Persons holding a Controlled Interest in Land is due to come into force on 1 April 2021. It will establish a new register "designed to ensure that there can no longer be categories of landowner or tenant where, intentionally or otherwise, control of decision-making is obscured". This register will be known as the Register of Controlled Interests or RCI. For more information, see: The Scottish register of persons holding a controlled interest in land.
The Leasehold Reform (Ground Rent) Act 2022	The Leasehold Reform (Ground Rent) Act 2022 caps ground rents in new, long residential leases in England and Wales at a peppercorn (i.e. no monetary value). Read more here: 10 things you need to know about the Leasehold Reform (Ground Rent) Act 2022.
Planning updates	Our Planning team publishes regular updates on the Dentons Planning Blog. Recent articles include: Is the 3.0 Biodiversity Metric up to the measure? CIL Mysteries – Simple Truths Stay Class-E Change of Use – Not Working Out?
Issues for commercial and HR directors
Employment law, immigration, and health and safety	Updates on employment, benefits, pensions and immigration are published on our UK People Reward and Mobility Hub. Recent articles include: I Spy – a blog on email monitoring at work The UK ratifies international Violence and Harassment Convention The Pensions Regulator publishes guidance on a "stronger nudge" to Pension Wise appointments Government’s move to draft regulations to pave the way for master trust CDC schemes Recent government pushes for equality in the workplace 12-month non-compete restrictive covenant held to be enforceable Cash in the time of Covid Worker status: Court of Appeal decision Lifting COVID-19 restrictions – Employers’ action points The Cost of Living Measuring inclusion across the financial services sector World Cancer Day 2022: Supporting employees with cancer For more articles or to sign up to our Employment team's blog, click here.
The challenges presented by AI
Understanding the challenges and opportunities presented by AI	Artificial Intelligence (AI) is a critical issue for all organisations across every sector and geography, presenting both challenges and opportunities. We have created a hub to help our clients understand where responsibility sits for good governance, regulation and compliance − as well as to establish best practices to derive the full benefits of AI. Content includes: Register for our AI trilogy of webinars here Read the findings from our Dentons AI survey here Read our summary of practical steps for GCs to consider here: AI strategy: six steps to create your AI road map Read our summary of the issues and fundamental rights that need to be protected here: The legal perspective on AI: an evolving relationship
Global issues including global sanctions support
Ukraine/Russia: global sanctions support	We have created webinars to guide you through the Ukraine/Russia crisis including Leading through a crisis – what General Counsel and leaders need to know and Supply chain and trade issues (not sanctions) – case studies and practical insights. For details on who to speak to in our global team to understand the impact of the sanctions imposed against Russia by Australia, Canada, the EU, UK and US, click here: Ukraine/Russia: global sanctions support.
Energy sector: Petroleum Industry Act 2021, Nigeria	Dentons' Energy team publishes articles on a wide range of energy issues on theDentons Global Energy Blog. The latest article considers the Administration of marginal fields under the PIA: Assessing the legal and commercial impact on farm-out arrangements. Following the introduction of the Petroleum Industry Act 2021, we comment on the effects of its transitional framework on the Nigerian petroleum industry. Other articles on the UK Hydrogen policy can be found here.
Our latest content on climate change	What's happening where on climate change (downloadable map) ESG regulation isn't the same everywhere Climate change litigation update: Challenge to coal seam gas project approval dismissed (Australia) See also Achieving Net Zero, UK Construction Focus
Top picks from around the world: articles from Dentons' global community	Our top pick of articles published by Dentons' global community includes: Ransomware, random demands and determining whether to pay (Canada) Dentons Political Law Playbook (US) The Metaverse: Personal property security in digital assets (Canada)