The Building Safety Act 2022 (“the Act”) has made ground-breaking reforms to building safety requirements which has given more power, rights, and protection to residents of ‘higher risk’ buildings and homeowners. It has clarified how residential buildings should be constructed and maintained, and delivers a toolkit of measures which hold those responsible for building safety defects. Addressing both a lack of regulatory oversight and enforcement mechanisms.
Key Points:
- The formation of the Building Safety Regulator who will oversee the safety and performance of all buildings, with a special focus on high rise buildings, promoting competence and organizational capability with a ‘golden thread’ of information (this is information about your building that the Building Safety Act 2022 requires you to store that is accurate, up to date, accessible, and kept digitally) to ensure building safety risks are continually managed.
- Introduction of the Gateway approval process so that at each of the development/construction/completion stages, attention is given building safety risks.
- Higher risk buildings are those which are at least 18 meters in height (or seven stories) which contain at least two residential units.
- The limitation period under which homeowners or residents can claim against developers, contractors or professional consultants has been extended to thirty years.
What does this mean for residents of higher risk buildings and homeowners?
- The identification of an accountable person means that residents of higher risk buildings will be able to raise building safety concerns with the owners of the building directly.
- Homeowners will now have fifteen years (previously six years) to claim compensation for sub-standard construction work or where work on a building has not met the Building Regulations standards.
What does this mean for developers/contractors/building owners?
- Designated accountable persons will need to demonstrate that they have effective and proportionate measures in place to manage building safety risks.
- There will be clear lines of responsibility during the design, construction, and completion stage of all buildings.
- Criminal charges may be incurred should obligations not be met.
- The increase in the limitation period has opened the door for claims against developers, building owners and contractors for unsafe buildings.
The Act has introduced a wave of reforms to building safety and confers stringent obligations on building owners, constructors, and developers. It also has given residents of higher risk buildings and homeowners greater grounds for recourse should building safety risks be identified.
If you are an industry professional and want to identify whether you are compliant with the new regime, or alternatively a resident of a higher risk building who is concerned about the building’s safety, please contact us on 020 7725 8000 or [email protected] and we will be happy to advise on any new developments and/or any dispute that has arisen.