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Building Safety Act 2022 – Remediation Orders and Remediation Contribution Orders
Prior to the Building Safety Act 2022, it was commonplace for landlords of multi-occupied residential buildings to be responsible for the building’s upkeep and maintenance, and to pass these costs on to the long leaseholders via the service charge. The landlord generally had the power to determine whether a building should be remediated, when this… Read More >
Building Safety Act 2022 – Duty Holders
Following the enactment of the Building Safety Act 2022 (the Act) last year we wanted to inform you about a recent development concerning a key principle of the Act; duty holders. Part 3 of the Act aims to increase and improve accountability and competence within the built environment sector by introducing a duty holder regime.… Read More >
Episode #4 – Insurance – Building Safety Act 2022 update
Beale & Co partners, Michael Salau and Giles Tagg, discuss some of the key provisions in the much anticipated Building Safety Act 2022 which came into force on 28 June 2022. Topics covered in this podcast include amendments to the Defective Premises Act 1972 (DPA), the Building Act 1984, Building Liability Orders and new rights… Read More >
The Building Safety Act: Changes to the Limitation Period Under The Defective Premises Act 1972
It has recently been announced that the Building Safety Bill is being brought into force as The Building Safety Act 2022 (the “Act”) and will extend the limitation period in respect of when a claim can be brought under Section 1 of the Defective Premises Act 1972 (the “DPA”). Section 1 of the DPA essentially… Read More >
Building Safety Act 2022: Focus on manufacturers
The Building Safety Act (“the Act”) received Royal Assent on 28 April 2022, and much of it is already in force or will be from 28 June 2022, including the Sections considered below. The Act marks a significant step in the efforts to resolve the building safety crisis triggered by the Grenfell fire. It implements… Read More >
The Building Safety Act 2022: The New Regime
Today the Building Safety Bill has achieved Royal Assent following some further amendments agreed by the House of Lords on Tuesday 26 April. This marks the biggest change to the construction industry in recent years putting in place measures arising out of Dame Judith Hackitt’s recommendations following the tragedy at Grenfell Tower. Michael Salau and… Read More >
Building Safety Bill: A new landscape for claims under the Defective Premises Act 1972?
Yesterday, the Government published the Building Safety Bill (the “Bill”), which was first announced in draft form in July 2020 and intends to strengthen the regulatory system for building safety following the Grenfell Tower fire in June 2017. This article discusses the changes the Bill proposes to introduce to the Defective Premises Act 1972 (the… Read More >
GRENFELL TOWER INQUIRY: PHASE 2 REPORT – WHY YOU SHOULDN’T ADOPT A CASUAL APPROACH TO CONTRACTING
The Grenfell Tower Inquiry’s Phase 2 Report was published in early September 2024 (the “Report”). Beale & Co’s article summarised the core findings and recommendations relevant to the construction and engineering sectors. This update considers the Report’s potential impact on future contracts. The importance of establishing clear contractual relationships Beale & Co’s earlier article delved… Read More >
GRENFELL PHASE 2 REPORT: IMPACT ON PRODUCT MANUFACTURERS
This impact note focuses on the key findings detailed in Phase 2 of the Grenfell Tower Inquiry, specifically concerning product manufacturers and the insulation products installed on the Grenfell Tower. The Phase 2 Report was published on 4 September 2024, and in considerable length outlines the circumstances and causes of the fire. Our earlier article… Read More >
When is a “storey” to be identified and counted for higher-risk building purposes? Recent uncertainty created over Government’s guidance
Nicholas Blomfield & Others v Monier Road Limited is an interesting First-Tier Tribunal decision on the status and treatment of government guidance regarding the “higher-risk building” (HRB) criteria under the Building Safety Act 2022 (BSA 2022) and Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. Tribunal’s Decision A decision concerning an application for a Remediation… Read More >