Building Safety

As the Building Safety Act 2022 continues to change the face of construction and real estate, our team is here to ensure you have everything you need.

With you every step of the way

Following the introduction of the Building Safety Act 2022 (BSA), there has never been greater focus and scrutiny on developers, contractors and building owners in respect of compliance with building safety regulations. Not only is building safety of vital importance for the safety of occupiers, but compliance also carries significant legal and public relations risks for all stakeholders, including developers, lenders, freeholders, leaseholders, property management companies, housing associations, and government.

Our cross-disciplinary building safety lawyers apply an in-depth understanding of the new regulatory environment along with substantial experience in prosecuting and defending claims meaning that clients receive commercially focused advice from the outset. Our team comprises experts in construction and engineering contracts and disputes, transactional real estate, real estate finance, real estate litigation, regulatory crime, health and safety, corporate and commercial.

Always in your corner

We are at the forefront of advising clients in relation to the legal and regulatory aspects of building safety issues, as well as helping them to successfully navigate the practical challenges. We regularly advise on the implications of building safety legislation on procurement of works, real estate and corporate transactions. We also advise clients on the broad spectrum of potential claims that may arise under the BSA including claims under the Defective Premises Act 1972 (DPA 1972).

We acted for the successful applicant, Triathlon Homes LLP, on one of the first substantively contested applications for a Remediation Contribution Order relating to the Olympic Village. We are therefore in a unique position to advise on new and developing law in this area, as well as the practicalities of handling applications under the BSA.

How we can help

Advice on defect investigation and claims relating to building safety defects, including acting for claimants and defendants in respect of Remediation Orders, Remediation Contribution Orders and Building Liability Orders and claims under the DPA 1972
Procurement of remedial works
Practical advice on the implications of the Building Safety Act 2022 and its secondary legislation, including:
- Dutyholder and competence requirements for design and construction
- The design and construction of 'higher risk buildings'
- Occupation regime for 'higher risk buildings'
- The impact and risks associated with Remediation Orders, Remediation Contribution Orders and Building Liability Orders
- Claims under the extended limitation period for the DPA 1972
- Product liability
Procurement and contract drafting/negotiation for new works, including those for 'higher risk buildings'.
Advice on the duties imposed on the Accountable Person and Principal Accountable Person during the occupation of 'higher risk buildings', and the implementation of management contracts to assist in implementing those duties.