Building Safety Act 2022
The Building Safety Act 2022 (the Act) has been brought in, largely as a response to the tragedy at Grenfell Tower, and introduced a raft of new legislation, ostensibly to protect leaseholders from bearing the cost of remedying building safety defects, for which they were not responsible.
However, the legislation is incredibly complex and almost seems to have been designed to trip up the unwary landlord or developer, who can then be exposed to enormous levels of costs in order to comply with its provisions.
At Nockolds, we have a team of experts to help guide you through this challenging area, at a time when many law firms are simply refusing to advise on transactions where the Act applies.
How can we help you?
- Identify whether the building for which you are responsible is a “relevant” one*;
- Check if your rooftop development will fall foul of the Act’s provisions;
- Seek a Remediation Order to address historical safety issues; or
- Navigate the complex certificates required by the Act
- Advise on remediation contribution orders and costs already paid by leaseholders for relevant works
Recent successes include:
- Working with our developer clients to implement policies to ensure that BSA dates are not missed and that the relevant Certificates are provided or requested where needed
- Working with our managing agent clients to identify buildings which are affected by the Act and assisting with replies to forms LPE1
- Acting for Landlord clients to negotiate the withdrawal of Improvement Notices served by Local Authorities, concerning remediation works covered by the Act
- Advising a Developer client on the terms of a Remediation Order and liaising with various third parties including the Fire Brigade and the Building Safety Regulator to assist with compliance with the order
Guides
Further Support
If you are a managing agent, we have a bespoke service for you which includes advice on the Act – Block Assist.
If you are a developer, we have a bespoke advice service for you which includes advice on the Act including advising on and drafting Remediation Agreements – Construction Assist.
Our Team of experts have presented on the Building Safety Act to various audiences, if you are a Managing Agent and would like to arrange for us to present to you and your clients please contact us to discuss this.
Feedback
Nockolds are the first team I recommend, to Landlords and Leaseholders, as they have shown to me they have a good and wide breadth of knowledge of the Building Safety Act and provide sound advice and assistance - Developer Client
Frequently Asked Questions – Higher Risk Buildings
The Act was introduced to enhance the safety of residential buildings, especially those which are considered to be “high-rise”. It establishes a complex legal and practical framework to ensure that safety is prioritised throughout a building's lifecycle, from design and construction to occupation and ongoing management.
The Act was introduced in response to the fire at Grenfell Tower and other building safety issues that highlighted significant flaws in the existing safety measures and legal framework. Its primary aim is to prevent such tragedies by ensuring higher safety standards.
Key provisions include:
• Accountability for Building Safety: Establishing the role of the Building Safety Regulator to enforce safety standards.
• Increased Oversight for Higher-Risk Buildings: Applying stringent safety measures to residential buildings over 18 meters tall or with more than six stories.
• Mandatory Safety Management Plans: Requiring building owners to implement and maintain safety measures throughout a building's lifecycle.
• Strengthened Regulations for Materials: Imposing stricter standards on construction materials, particularly for fire safety.
The Building Safety Regulator is a new role created by the Act, responsible for overseeing the safety of buildings, enforcing regulations, and ensuring compliance with safety standards. The function currently sits within the Health and Safety Executive.
A 'higher-risk building' is defined as a residential building that is over 18 meters in height or has more than six stories. These buildings are subject to more stringent safety regulations due to their complexity and the potential risks involved.
The Act places a strong emphasis on the safety of construction materials. It bans or heavily restricts the use of certain materials, such as combustible cladding, and requires that all materials used in higher-risk buildings meet stringent safety standards.
A Safety Case Report is a comprehensive document that building owners must prepare, detailing the safety measures in place for a building. It includes risk assessments, safety management plans, and evidence of compliance with safety regulations.
The Act aims to protect residents and homeowners by ensuring that buildings are safe to live in. It includes provisions for resident engagement, requiring building owners to keep residents informed about safety measures and involve them in safety decisions. However, it also allows certain costs associated with building safety measures to be passed on to residents particularly in high-risk buildings.
We have specialist advisers who can guide you through every aspect of the Act’s provisions and how they might affect you or your building.
You're in good hands
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