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Building Safety Act 2022

The Building Safety Act (the BSA) was published on 28 April 2022 to address the issues raised in the Hackitt Reports on cladding and fire safety issues following the Grenfell tower tragedy.

The BSA proposes wide ranging regulatory reform.  This focuses primarily on “higher risk buildings”, which are defined as buildings in England that are at least 18 metres high or have at least 7 storeys, and contain at least 2 residential units.  The BSA also proposes an extensive rectification regime for building safety risks at buildings that are at least 11 metres high or have at least 5 storeys and contain at least two dwellings. Some of the changes extend more widely to encompass all residential developments, general breaches of the building regulations, and competency requirements for those working in the construction industry.

The provisions mainly apply to England, so that Wales, Scotland and Northern Ireland can determine their own requirements.

A summary of the main provisions of the BSA is set out in our publication: The Building Safety Act: what you need to know.

Some of the provisions of the Act came into force on 28 June 2022, which are explained in our publication The Building Safety Act: what can I expect now.

Articles

The Building Safety Act: what can I expect now - 6 July 2021

Some of the provisions of the Act came into force on 28 June 2022, which are explained in our publication The Building Safety Act: what can I expect now.

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EWS1 Forms - are they still required and if so, for how much longer? - 4 July 2022

TIn the aftermath of the Grenfell Tower tragedy, RICS introduced the External Wall System 1 (EWS1) form to report to lenders on the presence, or absence, of combusitble materials on the external façade of multi-storey residential buildings. With widespread regulatory reform and legislative updates regarding fire safety, there has been debate on whether EWS1 forms are still required. As Jonathan Bowley and James Molland consider in this article, EWS1 forms perform a separate commercial purpose and their continued use is expected for some time to come.

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The Building Safety Act 2022: What you need to know - 8 June 2022

The Building Safety Act 2022 is one of the most extensive legal reforms the industry has seen in many years. It has widespread implications, in particular for developers, owners and occupiers.

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PI Insurance in the wake of the Building Safety Bill - 25 April 2022

As the Building Safety Bill progresses through parliament and is likely to become law within the next few months, much attention has been focused on how housebuilders, contractors, and their supply chains will be able to respond to new claims arising from ongoing issues relating to the use of combustible materials in residential premises.  In this article, Eversheds have teamed up with professional indemnity insurance broker Gallagher to consider the issues.

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Building Safety Bill – Court will have power to extend liabilities beyond SPVs - 11 April 2022

At the time of writing the Building Safety Bill1 has had its  third (and final) reading in the House of Lords – the last chance for input by that chamber.  Following considerable changes in the Lords, not only does the Bill potentially extend time periods for claims beyond what anyone might have previously envisaged, it now also fixes potential liability on entities who might have thought they had been discharged from liability, or indeed never thought they would be liable in the first place.

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The Building Safety Bill – new provisions introduced by the House of Lords - 11 March 2022

A new revision of the Building Safety Bill was published on 2 March 2022.  It reflects changes made by the House of Lords during the Bill’s progress through parliament before it becomes law. The new revision introduces a rectification regime, prohibitions on developers, and building liability orders.

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Legal sanctions proposed for housebuilders’ failure to fund cladding remediation - 17 February 2022

The public inquiry into the Grenfell tragedy and the Hackitt reports showed that there were systemic failures in the construction industry as a whole, with problems originating at every point in the supply chain.  When it comes to issues of liability, it is often difficult to unpick who should bear responsibility, particularly when the wrongdoing is historic and there is presumably a lack of available evidence.

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Building Safety Bill - What is a "Higher Risk Building"? - 8 February 2022

Although the Building Safety Bill has not yet become law, it is worth considering now whether or not its provisions may apply to your contracts. A full awareness of what constitutes a “higher risk building” is essential for all contracting parties, so that they know the full extent of their duties and mandatory requirements under the new legislation.

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Building Safety Bill passes House of Commons with 30 year limitation period amendment for retrospective claims under s.1 of the Defective Premises Act 1972 - 26 January 2022

In the House of Commons on 19 January there were calls that the 30 year limitation period should be included as a matter of law. On 20 January a revised draft of the Bill passed the House of Commons. This now includes the amendment that claims under s1 DPA shall have a retrospective 30 year limitation period.

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Gove’s new proposals on the cladding crisis - 12 January 2022

On 10 January 2022 Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, made an announcement to the House of Commons and wrote to the “Residential Property Developer Industry”. He announced that he is giving the industry until March 2022 to conduct negotiations and reach a settlement to resolve how cladding for properties between 11-18m will be resolved.

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Webinars

PROPcasts 2022 Episode 5: The Building Safety Act 2022 - 7 June 2022

An introduction for property owners, landlords and tenants to the key themes and terminology of the Building Safety Act 2022.

Watch PROPcasts 2022 Episode 5: The Building Safety Act 2022 here.

The Building Safety Act 2022: What you need to know - 21 June 2022

In this webinar, we provide an overview of the Building Safety Act 2022, with a view focus on what those who own, manage or occupy high rise buildings and residential premises need to know.

Watch the The Building Safety Act 2022: What you need to know webinar.

Podcasts: Con-versations

Our new podcast series from the construction and engineering team.

Episode 1: Building Safety Act 2022 – Limitation Periods

In our first episode we will be discussing the revised limitation periods under the Building Safety Act 2022.

With effect from 28 June 2022, the Building Safety Act amends the limitation periods for certain types of claim, and introduces new rights of action with limitation periods that are much longer than those typically seen under construction contracts.  

Construction Professional Support Lawyer Gemma Irving talks with Nick Pinder, Kate Hencken and Jennifer Hurley in our construction disputes team to find out what this means and how clients can respond to these changes.

Listen on Spotify Listen on Apple

Key takeaways guide: We have created this supplementary guide, which looks at the key features of the new limitation periods for defect claims that are brought under certain statutory rights as well as some helpful advice on what to do next.  Download our guide

Episode 2: Building Safety Act 2022 - Widening the classification of liable parties

In our second episode we discuss the widened classification of liable parties under the Building Safety Act 2022.

With effect from 28 June 2022 third parties, who perhaps had no direct involvement in the development or who thought their liabilities had long since ended, can now be held liable for the rectification of building safety defects. This is due to a host of new measures introduced by the Building Safety Act 2022, including Remediation Orders, Remediation Contribution Orders and Building Liability Orders.

Construction Professional Support Lawyer Gemma Irving talks with Kate Hencken in our construction disputes team, as well as Victoria Groves in our corporate team and Steve Manson in our real estate team to find out what this means and how clients can respond to these changes.

Listen on Spotify Listen on Apple


Key takeaways guide: We have created this supplementary guide, which looks at how these provisions change the legal landscape in relation to building safety defect claims, as well as some helpful advice on what to do next.

Download our guide