Building Safety Lawyers

The new regulations in respect of HRBs set out the detail of the building control regime for HRBs and specify the procedural building regulation requirements for both new and existing HRBs.

As part of the October 2023 updates, a new regime, the “dutyholder regime” in relation to works that are undertaken in England under The Building Regulations 2010 was introduced. These requirements will apply to buildings and building work in England, including that undertaken on HRBs. The regulations specify some general dutyholder responsibilities which all dutyholders must comply with during the design and construction phase, as well as specific duties which are appropriate to their role. There is also an additional layer of duties on any project involving HRB work, which imposes more onerous obligations on the dutyholders.

It is hugely important that all those involved in the construction industry understand the new duties and review their contracts to ensure they properly deal with them. As time goes on, further laws and regulations may be brought into force, so it is vital that that the contracts appropriately cater any such developments. Our lawyers understand these challenges and get a strong grasp on what will be required throughout the life cycle of the project, to ensure that your contracts are watertight. 

Disputes frequently arise in construction projects and can be difficult and costly to navigate. Successfully resolving or avoiding disputes is crucial to concluding projects on time and within budget.

We act for Housebuilders, Landowners, main contractors, sub-contractors, funders and professional advisors on all types of disputes and disagreements arising out of the construction and building industry.

Whether you require an early assessment of your construction contract, to advise you on the merits of any potential claim or if you are on the receiving end of a construction claim, our experts will tailor their approach to suit your needs and aims.

As a high-level overview, following the Grenfell Tower tragedy, this legislation sees a long-awaited focus on high-risk buildings, establishes a new regulator, promotes and improves competency in all work carried out within the built environment and imposes new duties, responsibilities and information requirements on relevant stakeholders. Please contact us if you would like further specialised advice on how the Act may impact you or your business.

Yes. If you have a construction contract, there are a number of specific clauses you may need to update as a result of the change in the law including ensuring appropriate appointments are made in respect of the duty holder regime, and imposing obligations on the appropriate party in respect of the other requirements.  

Similarly, there are a number of clauses which are not allowed within construction contracts and therefore the law will effectively strike them out if they are included. Please do get in touch if you would like further information on these. 

A higher-risk building is defined as any building in England which is:

1. at least 18 metres tall or has at least 7 storeys
2. contains at least 2 residential units.

It is important to note that certain buildings and establishments are excluded from the HRB Regime – if you would like advice on whether your project falls within the regime, please do not hesitate to contact us.