Category: building law

Andrew Butler KC reflects on the effect to date of the Building Safety Act 2022 – Tanfield Chambers

Posted November 8th, 2023 in building law, chambers articles, construction industry, health & safety, housing, landlord & tenant, news by sally

‘“Too early to tell” – the response famously attributed to Chinese Premier Zhou Enlai when he was asked about the effect of the French Revolution. The same response could be given in answer to a question about the effect of the Building Safety Act 2022. Given that the latter is 233 years the junior of the former, and only bursting into life incrementally even now, the answer would be somewhat easier to justify in this context. While, thankfully, the legislation has not quite generated the bloodshed seen on the streets of Paris in 1789, it is fair to say that its early stages have not been a model of liberté, egalité and fraternité themselves.’

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Tanfield Chambers, 19th October 2023

Source: www.tanfieldchambers.co.uk

London borough successfully prosecutes building owner over delays in removing dangerous cladding – Local Government Lawyer

Posted October 20th, 2023 in building law, delay, fire, health & safety, housing, landlord & tenant, local government, London, news by tracey

‘Newham is understood to have become the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding.’

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

The Building Safety Act 2022 – Remediation Contribution Orders and Cost Recovery – Falcon Chambers

Posted October 19th, 2023 in building law, chambers articles, contribution, costs, health & safety, news, repairs, tribunals by sally

‘One of the things that may be surprising about remediation orders and remediation contribution orders, both potentially expensive pieces of litigation that leaseholders may be forced to pursue, is that the FtT’s jurisdiction on costs is the “no costs” jurisdiction under rule 13 of its Rules. Costs (beyond payment of application fees) can only be awarded by the FtT if a party has behaved unreasonably, a high threshold, or for wasted costs (likewise). Although the Building Safety Act 2022 did not expressly say that the FtT was to have this no costs jurisdiction (rather than its costs jurisdictions for example in relation to its Land Registration or telecoms), amendments to the Rules from 1 November 2022 make express which jurisdictions can have real cost implications. The new Building Safety Act jurisdictions are not included.’

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Falcon Chambers, 18th September 2023

Source: www.falcon-chambers.com

Register your block of flats by 1 October 2023 – or go to jail! – Tanfield Chambers

Posted October 10th, 2023 in building law, chambers articles, health & safety, news, notification, penalties, time limits by sally

‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’

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Tanfield Chambers, 15th September 2023

Source: www.tanfieldchambers.co.uk

First Remediation Order under Building Safety Act – Mills & Reeve

Posted September 27th, 2023 in building law, chambers articles, fire, health & safety, housing, landlord & tenant, leases, news by sally

‘A group of leaseholders of two blocks of flats successfully applied for a Remediation Order against the freeholder in respect of defective external cladding and other fire safety issues. The decision by the First-tier Tribunal Property Chamber (Residential Property) in Sarah White & Karin Ida Christina Martensson & Other leaseholders v Kedai Limited (freeholder) LON/00AY/HYI/2022/0005 & 0016 is the first Remediation Order made under section 123 of the Building Safety Act 2022 (BSA).’

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Mills & Reeve, 26th September 2023

Source: www.mills-reeve.com

Local authorities and the Building Safety Regulator – Local Government Lawyer

Posted September 22nd, 2023 in building law, construction industry, health & safety, local government, news, ombudsmen by tracey

‘Simon Lewis and Michelle Essen look at the impact of the Building Safety Act 2022 on councils.’

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Local Government Lawyer, 22nd September 2023

Source: www.localgovernmentlawyer.co.uk

Why The RAAC Scandal Is A Human Rights Issue – Each Other

Posted September 6th, 2023 in building law, construction industry, education, government departments, human rights, news by sally

‘Since 1994, people relying on the use of public buildings in the UK have, without knowing it, been let down by the use of Reinforced Autoclaved Aerated Concrete (RAAC): a cheaper, lightweight alternative to traditional concrete, but one that has an average lifespan of only 30 years. Now, as some schools face closure ensue at what would have been the beginning of term, the Department for Education has come under fire for its timing and for its previous lack of action. But it’s not just a safety issue: it’s a human rights issue.’

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Each Other, 6th September 2023

Source: eachother.org.uk

“Due regard” and statutory guidance-(I) – Law & Religion UK

Posted August 15th, 2023 in building law, Church of England, ecclesiastical law, faculties, news by sally

‘The requirement to have “due regard” to statutory guidance is an important obligation placed upon the various actors in both consistory court proceedings and tribunals considering the Clergy Discipline Measure. This post considers guidance produced under the Dioceses, Pastoral and Mission Measure 2007. Part II will address the authority of guidance; the application of guidance and sanctions; and Clergy Discipline and Safeguarding.’

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Law & Religion UK, 15th August 2023

Source: lawandreligionuk.com

Buildings Safety Act 2022: Different statutory regimes do not operate in isolation (Various leaseholders of Priory Heights v Central Beds Council) – Tanfield Chambers

Posted August 7th, 2023 in building law, chambers articles, fire, health & safety, housing, landlord & tenant, local government, news, repairs by sally

‘Priory Heights, a former tax office, is over 29 metres high, was converted from commercial to residential use between 2003 and 2008, and contains 64 flats. It contains two staircases one of which is external and covered in combustible HPL cladding. It is indisputable that the cladding must be removed and replaced. The necessary remediation measures also include compartmentation and fire stopping work in the building’s common parts.’

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Tanfield Chambers, 20th July 2023

Source: www.tanfieldchambers.co.uk

Leaseholder Causes of Action: Key Points for Busy Practitioners – Tanfield Chambers

Posted August 3rd, 2023 in building law, chambers articles, defective premises, leases, news by sally

‘Hugh Rowan examines three new cases of action under the BSA.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act – Tanfield Chambers

Posted August 2nd, 2023 in building law, chambers articles, construction industry, conveyancing, health & safety, housing, landlord & tenant, news by sally

‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Litigating Remediation Contribution Orders – Tanfield Chambers

Posted August 1st, 2023 in building law, chambers articles, health & safety, news, repairs, tribunals by sally

‘Rob Bowker looks at who will apply and who will pay for remediation and remediation contribution orders under the Building Safety Act 2022.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Ruling confirms Building Safety Act’s impact on retrospective defect claims – OUT-LAW.com

Posted July 17th, 2023 in appeals, building law, construction industry, limitations, news, statutory duty, time limits by tracey

‘A new ruling has highlighted how claims concerning building defects that would otherwise be time-barred can still be raised under the 2022 Building Safety Act, an expert has said.’

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OUT-LAW.com, 14th July 2023

Source: www.pinsentmasons.com

Building safety registration deadline of 1 October 2023 set – OUT-LAW.com

Posted March 21st, 2023 in building law, health & safety, news, notification by tracey

‘Building owners or leaseholders with responsibility for repair and maintenance of the building’s structure and external walls will be liable for a criminal offence if they fail to register occupied “higher-risk buildings” in England between 6 April and 1 October 2023.’

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OUT-LAW.com, 20th March 2023

Source: www.pinsentmasons.com

Building safety gateway regime – frequently asked questions – Practical Law: Construction Blog

Posted March 10th, 2023 in building law, construction industry, consultations, news by tracey

‘One of the major changes to the regulation of the design and construction of “higher-risk buildings” is the introduction of the gateway regime.’

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Practical Law: Construction Blog, 8th March 2023

Source: constructionblog.practicallaw.com

Building Safety Act 2022: changing the rules on the landlord and tenant relationship, Part 2 – qualifying lease certificates – Practical Law: Construction Blog

Posted January 31st, 2023 in building law, health & safety, landlord & tenant, leases, news, service charges by tracey

‘In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s certificate, designed as a tool for the landlord to communicate with leaseholders as to whether it is “responsible” for defects, or whether it meets the “contribution condition” in the BSA 2022. In this blog, I will focus on the second element of this new framework, the “qualifying lease certificate” or “leaseholder certificate”. The relevant provisions of the BSA 2022 came into force on 28 June 2022, and the related regulations have been in force since 21 July 2022.’

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Practical Law: Construction Blog, 25th January 2023

Source: constructionblog.practicallaw.com

Gove admits ‘faulty’ guidance partly to blame for Grenfell fire – The Guardian

Posted January 30th, 2023 in accidents, building law, construction industry, fire, government departments, health & safety, housing, inquiries, leases, news by tracey

‘Michael Gove has admitted that “faulty and ambiguous” government guidance was partly responsible for the Grenfell Tower tragedy. The UK housing secretary said lax regulation allowed cladding firms to “put people in danger in order to make a profit”.’

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The Guardian, 29th January 2023

Source: www.theguardian.com

“The end of the beginning: 2021 in construction law” – Atkin Chambers

Posted January 5th, 2023 in building law, chambers articles, construction industry, coronavirus, news by sally

‘Rupert Choat highlights standout developments in construction law over the last 12 months as we sought to emerge from the pandemic.’

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Atkin Chambers, 16th December 2022

Source: www.atkinchambers.com

Building Safety Act 2022: changing the rules on the landlord and tenant relationship – Practical Law: Construction Blog

Posted November 17th, 2022 in building law, construction industry, health & safety, housing, landlord & tenant, news, repairs by tracey

‘The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of works to remedy building safety issues, so that the risk of such costs could no longer be the subject of agreement between landlord and tenant, but would (in defined circumstances) be apportioned in advance, by law, to the landlord.’

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Practical Law: Construction Blog, 16th November 2022

Source: constructionblog.practicallaw.com

Cladding and fire safety: more reaction to Martlet v Mulalley – Practical Law: Construction Blog

Posted August 26th, 2022 in building law, construction industry, fire, health & safety, housing, news by tracey

‘At the end of last month, Tom Coulson and Amy Armitage discussed the decision of Martlet Homes Ltd v Mulalley & Co Ltd, the first decision from the TCC on fire safety defects following the Grenfell Tower tragedy. This decision is highly significant for the construction industry, given the number of similar cases which are either progressing through the courts or at the pre-action stage. Although the judge emphasised the fact-specific nature of the dispute, this decision provided some insight on the court’s likely approach to some of the significant issues that affect cladding disputes.’

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Practical Law: Construction Blog , 24th August 2022

Source: constructionblog.practicallaw.com