Grenfell families complain to architect regulator – BBC News

Posted December 17th, 2024 in accidents, building law, construction industry, fire, housing, insolvency, negligence, news by tracey

‘The families of three people who died in the Grenfell Tower fire are supporting a letter of complaint to a regulator about the architects involved in the block’s refurbishment.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

Landlord’s steps related to the disapplication of the presumption of qualifying lease – Falcon Chambers

‘Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate.’

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Falcon Chambers, 26th November 2024

Source: www.falcon-chambers.com

Roof Terraces and Higher Risk Buildings – Falcon Chambers

Posted December 13th, 2024 in building law, chambers articles, housing, news by sally

‘This post considers the First-tier Tribunal’s decision in Blomfield v Monier Road Limited (Smoke House & Curing House) LON/00BG/HYI/2023/0024.’

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Falcon Chambers, 12th November 2024

Source: www.falcon-chambers.com

Sanctions for late Electrical Condition Reports given to contract-holders in Wales: Coastal Housing Group Limited & Others v Mitchell & Others [2024] EWHC 2831 (Ch) – Gatehouse Chambers

Posted December 13th, 2024 in building law, chambers articles, health & safety, housing, landlord & tenant, news, rent by sally

‘The Judgment of the Divisional Court of Griffiths J and HHJ Jarman KC (sitting as a Judge of the High Court) is the most significant treatment of the Renting Homes (Wales) Act 2016 (“RH(W)A”) and the wider regulatory regime for Electrical Condition Reports (“ECR”) and fitness for human habitation to date.’

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Gatehouse Chambers, 13th November 2024

Source: gatehouselaw.co.uk

New deadlines set for fixing dangerous cladding – BBC News

‘Plans to speed up the removal of unsafe cladding, including target dates for making buildings safe and tougher penalties for refusing to act, have been announced by ministers.’

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BBC News, 2nd December 2024

Source: www.bbc.co.uk

Roof Gardens and Higher-Risk Buildings – A tale of one too many storeys. – Local Government Lawyer

Posted November 18th, 2024 in building law, fire, health & safety, landlord & tenant, news, repairs by tracey

‘David Owens and Helen Arthur explore a recent First Tier Tribunal decision regarding the meaning of “higher-risk building’ under the Building Safety Act 2022.’

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Local Government Lawyer, 14th November 2024

Source: www.localgovernmentlawyer.co.uk

The Building Safety Act: Update October 2024 – Falcon Chambers

Posted November 14th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, news, repairs by sally

‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’

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Falcon Chambers, 28th October 2024

Source: www.falcon-chambers.com

Certified for broader protection? “Landlord Deed of Certificate” Requirements and “qualifying leases” under Sch. 8 of the Building Safety Act 2022 – Falcon Chambers

Posted November 13th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, news by sally

‘In Nuernberg v Adderstone (216 Res) Limited, MAN/00CJ/BSC/2024/0001 the FTT expanded the circumstances where a landlord is required to give a “Landlord Deed of Certificate” to a tenant pursuant to the Building Safety (Leaseholder Protections) (England) Regulations 2022 (“the Leaseholder Protections Regulations”). As stated in the succinct judgment of Judge J Holbrook, a “single – but important – question of statutory interpretation” appears to have been resolved (for now).’

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Falcon Chambers, 14th October 2024

Source: www.falcon-chambers.com

Improvement or remediation, or both? – Local Government Lawyer

‘Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Watchdog says cladding removal deadline may be missed – BBC News

‘The government could miss its own cladding removal completion date if progress is not made to speed up the process, the UK’s spending watchdog has said. In a new report, external, the National Audit Office (NAO) said up to 60% of buildings with dangerous cladding had still not been identified by the government, and at its current rate of progress it was due to miss its own estimated completion date of 2035 for the works.’

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BBC News, 4th November 2024

Source: www.bbc.co.uk

Property boss jailed over sale of ‘unsafe’ flats – BBC News

Posted October 2nd, 2024 in building law, disclosure, fire, fraud, health & safety, housing, imprisonment, news, sentencing by tracey

‘A property developer who put “lives at risk” by falsifying building work documents and selling “unsafe” flats has been jailed.’

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BBC News, 2nd October 2024

Source: www.bbc.co.uk

Public inquiries should be shorter and recommendations tracked, Lords says – The Guardian

Posted September 16th, 2024 in accidents, building law, construction industry, delay, fire, inquiries, news, select committees by tracey

‘Public inquiries should be shortened and the progress of their recommendations tracked, according to a House of Lords committee, which says a major overhaul is required to restore public confidence among victims and survivors.’

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The Guardian, 16th September 2024

Source: www.theguardian.com

The Golden Thread of information unravelled: navigating the Golden Thread Guidance for Higher-Risk Buildings – Local Government Lawyer

Posted September 11th, 2024 in building law, construction industry, local government, news by tracey

‘Steve Gummer and Shyann Sheehy talk through the recent Construction Leadership Council guidance on a ‘Golden Thread’ of information as part of a new regulatory regime for Higher-Risk Buildings.’

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Local Government Lawyer, 10th September 2024

Source: www.localgovernmentlawyer.co.uk

Grenfell families criticise report for ignoring impact on diverse communities – The Guardian

‘Grenfell families have criticised the final inquiry report on the disaster for failing to fully address the disproportionate impact the tragedy had on diverse and marginalised communities.’

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The Guardian, 5th September 2024

Source: www.theguardian.com

‘Grenfell is a warning to the world’: The survivors still searching for justice – The Independent

‘As the Grenfell inquiry prepares to publish its final report into the 2017 tower block fire that killed 72, Nadine White speaks to those still grappling with its tragic legacy.’

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The Independent, 1st September 2024

Source: www.independent.co.uk

Strict duties under the DPA: does the decision in Vainker v Marbank bring us any closer to getting a firm answer on this? – Gatehouse Chambers

‘It was probably inevitable that the retrospective extension of time to 30 years for bringing claims under the Defective Premises Act 1972 (the “DPA”), introduced by the Building Safety Act 2022, would lead to increased scrutiny of the DPA. Until then, with some honourable exceptions, the DPA had received relatively little attention, no doubt because, in most cases, it presented a more difficult route to ascend up the same mountain as would a claim in contract or tort. All that has now changed.’

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Gatehouse Chambers, 22nd July 2024

Source: gatehouselaw.co.uk

The need for speed in BSA funding decisions – Falcon Chambers

Posted August 8th, 2024 in building law, chambers articles, contracts, insurance, news, repairs by sally

‘Applications were made to the Building Safety Fund (“BSF”) in respect of two high rise developments in Birmingham with cladding defects. In the event that BSF funding was provided, the developers would have been expected to reimburse the BSF funding less any proceeds from insurance claims (pursuant to a pledge referred to in the BSF guidance signed by the developers; many developers, including the appellants, have now signed a deed of bilateral contract to give the pledge commitments contractual force).’

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Falcon Chambers, 22nd July 2024

Source: www.falcon-chambers.com

Lant Street decision: is it a cladding system? – Tanfield Chambers

‘This article will focus on a critical aspect of the Upper Tribunal’s recent decision in Lehner v Lant Street Management Company Limited [2024] UKUT 0135 (LC). It follows on from Piers Harrison’s earlier post on the case.’

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Tanfield Chambers, 20th June 2024

Source: www.tanfieldchambers.co.uk

Easy as 1, 2, 3? Section 123 of the Building Safety Act and supporting Regulations create a power and a discretion to make remediation orders – Falcon Chambers

Posted June 13th, 2024 in building law, chambers articles, health & safety, news, repairs by sally

‘We know and are familiar with the mischiefs the BSA seeks to address. We now know too how the FTT is likely to approach applications for remediation orders under s.123.’

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Falcon Chambers, 28th May 2024

Source: www.falcon-chambers.com

Remediation orders – is the FTT being consistent? – Tanfield Chambers

‘This article examines whether the FTT’s recent decision in the Vista Tower case (CAM/26UH/HYI/2022/004, available on the FTT’s web-site) demonstrates a discernible pattern of decision-making following its first remediation order. The article will not comment on the terms of the order made in Vista Tower: that will be the subject of a later article. Instead, it will focus on the FTT’s approach to case management and whether its decision to make a remediation order was consistent with the reasoning in previous decisions. Obviously, consistency in approach, both in terms of case management and the final decision, will enable practitioners in this developing area of work to advise clients with greater certainty. In the absence of an appeal decision on remediation orders, consonance in first instance decisions will be welcome.’

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Tanfield Chambers, 16th May 2024

Source: www.tanfieldchambers.co.uk