The Building Safety Act 2022 ("BSA") was introduced to create a new regime for building safety in wake of the Grenfell Tower tragedy. When the BSA received Royal Assent on 28 April 2022, it brought fundamental change to the construction and property industry.

The impact of the BSA

Amongst other things, the BSA introduces amendments to a number of other Acts of Parliament, including the Defective Premises Act 1972 and the Building Act 1984. The BSA significantly changes the liabilities of developers, owners and landlords for historic safety defects, including extending liability to those who previously had no liability. In that respect, the BSA drove a ‘coach and horses’ through long established legal principles.

The BSA also extends accountability for fire and structural safety issues for those involved in the developing, owning, occupying, planning, construction and management of buildings, particularly high-rise buildings. For high-rise buildings, the BSA brings into force a new regulatory regime which has to be completed before the high-rise buildings can be legally occupied.

Whilst we talk of the BSA as a single piece of legislation, the introduction of additional legislation was allowed for in the BSA and extensive secondary legislation and regulation has followed, leading to an ever-changing environment and uncertain landscape.

How we can help

We can help you with:

  • Advice on understanding your position under the BSA
  • Compliance with the new building control regime and the new regime for managing building safety risks in occupied higher-risk buildings
  • Advice on Government grant funding schemes to help with paying for life-critical fire safety defects
  • Procurement of remedial works
  • Contracts and appointments for remedial works
  • Pursuing the culpable parties for damages through negotiation/settlement and/or proceedings at Court or the First-tier Tribunal
  • Defending parties against claims.

Given the changing nature of the BSA, we work closely with our colleagues in other teams and as a result are expertly placed to provide in-depth, commercially focussed solutions and advice to help your organisation navigate its way through the challenges which have arisen as a result of this key change in law.   

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