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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 >
Episode #12 – Digesting the Grenfell Report: Is further change needed to Building Safety laws?
Our ‘Digesting the Grenfell Report’ review continues with a Beale Bitesize podcast hosted by three of our partners Andrew Croft, Jo Lewis and Michael Salau. Tune in as we consider whether the Building Safety Act 2022 and associated legislation remains fit for purpose in view of the recent Phase 2 Report’s conclusions. Please feel free… Read More >
Procurement Lessons Unlearned: Grenfell Tower and the Risks of the Procurement Act 2023
Introduction One of the lesser explored lessons from the Grenfell Tower tragedy of 14 June 2017 is how failures in the procurement process contributed to the inadequate construction standards, poor regulatory oversight, and ultimately unacceptable shortcomings in safety standards. The disaster resulted in 72 deaths and brought to light numerous safety violations, particularly regarding the… Read More >
When does time start to run on a contractor insolvency claim under a NHBC new homes policy?
The Technology and Construction Court recently delivered helpful judicial guidance on when an insured’s cause of action under an the NHBC ‘Buildmark Choice’ policy, providing cover for contractor insolvency before practical completion arises. The judgment in Peabody Trust v National House-Building Council [2024] EWHC 2063 (TCC)[1] concerns an application for summary judgment, or strike out,… Read More >