Our building safety team includes legal specialists in planning, construction, corporate and real estate, as well as construction and property dispute resolution specialists. We provide legal advice:

• on building safety issues that span the construction project timeline, from planning and design to construction and completion and beyond, to building occupation and management;
• on the resolution of disputes that arise at any point during a building's life cycle;
• to corporates and investors acquiring interests in assets that might be affected by building safety issues;
• on  implementing the significant changes made to the building control regime under the Building Safety Act 2022 (the BSA) − whether they affect occupied buildings or projects in the planning/design/construction stages; and
• on the cladding defects remediation programmes introduced by the English and Welsh governments and the remediation programme planned by the Scottish government.

Following the Grenfell Fire tragedy in June 2017, the UK government appointed Dame Judith Hackitt to carry out a far-reaching review into fire safety and building regulations across the UK. That review revealed substantial failings across the construction industry and it was to address those failings that the government introduced the BSA.

The BSA and its related secondary legislation put residents firmly at the core of the new building safety system. It overhauls the building control regime for all building works and introduces more stringent requirements for "higher-risk buildings" (HRBs) by means of extensive changes to the Building Regulations 2010, the Building Act 1984 and the Defective Premises Act 1972. These changes have had and continue to have far-reaching consequences for those who plan, design, construct, occupy, manage and refurbish buildings in the UK.

In summary, the BSA:

• introduces changes to building control processes for most building works;
• introduces new requirements at the planning phase;
• places new, more onerous requirements on those who procure, plan, manage and undertake building work ("dutyholders") and those who manage structural and fire safety in occupied HRBs ("accountable persons");
• increases both the complexity and inherent risks involved in planning, designing, constructing and completing buildings in the UK – particularly for the construction of HRBs or the carrying out of works to existing HRBs to which new, more stringent building control processes now apply. These processes for HRBs include:
  • new fire safety requirements at the planning stage (Gateway 1);
  • a requirement for building control approval by the Building Safety Regulator (BSR) before construction works can start (Gateway 2);
  • the creation and maintenance of a "golden thread" of information for the HRB; the requirement for mandatory occurrence reporting and stringent change control throughout the construction works; and the requirement for a completion certificate to be obtained from the BSR (Gateway 3); and
  • a requirement for the HRB to be registered with the BSR before the HRB can be occupied;
• introduces new defects claims, including claims against developers as well as manufacturers and suppliers of construction products, which are actionable over a much longer period due to extended limitation periods;
• introduces new liability in respect of remedial works for companies associated with the original developer in BSA provisions that effectively pierce the corporate veil;
• changes the regulation of the building control profession; and
• changes the regime for managing safety risks in occupied HRBs, imposing duties on building owners and imposing stringent requirements throughout the "in occupation" phase of an HRB's life cycle.

The above-mentioned changes introduced by the BSA apply largely in England. The English, Scottish and Welsh government administrations are taking different approaches to the implementation of a new building safety regime and the remediation of buildings with defective cladding. Further, new laws are being introduced in piecemeal fashion with each of England, Wales and Scotland being at a different stage of implementation. It is therefore important to check what laws are in force for the particular location in which building works are planned/being undertaken or in which a building is situated. For example, the definition of "HRB" is different in Wales to that which applies in England and each administration is taking a different approach to remediation works.

The Housing (Cladding Remediation) (Scotland) Act, which received Royal Assent in June, sets out a framework for regulated assessments and remediation of certain buildings with unsafe cladding in Scotland. Draft regulations setting out the finer details are awaited. You can read more about that Act here: Scottish Parliament approves the framework for its approach to cladding remediation works on 11 metre-plus cladded buildings.

The Welsh government aims to fundamentally reform the existing building safety regime in Wales and address fire safety issues in buildings 11 metres and above in existing building stock. Action taken by the Welsh government includes the introduction of a definition of an "HRB" and a mandatory registration scheme for Registered Building Control Approvers and Registered Building Inspectors as part of its changes to the Welsh building control profession. Draft regulations setting out the new building control regime for HRBs in Wales are awaited.

For advice on which laws apply to your project or circumstances, and how they apply, please get in touch with one of the Key Contacts.

The BSA affects all aspects of a building's life cycle: from concept and through the build to completion, sale and/or occupation. Our building safety expertise spans the UK and crosses multiple practice areas including planning, procurement, contract drafting and risk avoidance, project management, dispute avoidance, dispute resolution, real estate and corporate. Examples include advising and/or acting on behalf of developers, landlords, funders, investors, management companies, contractors, sub-contractors and construction professionals in respect of:

• claims arising under the BSA, the Defective Premises Act 1972, the Building Act 1984 and the Civil Liability (Contribution) Act 1978;
• the new, extended limitation periods for bring cladding defects claims and the negotiation of standstill agreements;
• due diligence undertaken in corporate acquisitions to identify whether companies associated with the original developer are potentially liable under the BSA;
  Remediation Orders, Remediation Contribution Orders and Building Liability Orders;
• compliance with remediation obligations, including managing disruption to tenants;
• the recovery of remediation costs;
• the application of the HRB regime and compliance with the new building control regime;
• the drafting and negotiation of construction contracts and appointments for remediation works to ensure compliance with the BSA; and
• the drafting and negotiation of construction contracts and appointments to ensure compliance with the new building control regime for HRBs including Gateways 2 and 3, the golden thread, dutyholder responsibilities, change control and mandatory safety occurrence reporting.

This is by no means an exclusive list: please do get in touch with one of the Key Contacts to discuss your particular issue.