Building Safety Lawyers

Our construction lawyers can advise on all stages of a wide variety of commercial, retail and residential construction projects and their associated legal and commercial risks.

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Building Safety Act

Our specialist construction team have a wealth of experience in advising on a wide array of legal issues on construction projects. We can advise you in relation to all aspects of the Building Safety Act (BSA) and any new rafts of regulations which implement and support the BSA and on how it may impact your project or your business.

We can help you to navigate the BSA’s complexities, ensure compliance with the regulations, as well as assist in drafting contracts which cater for any developments within the legal and regulatory sphere.

Whether you are starting out in the construction industry or are an experienced property developer, our understanding of the market and law means we are able to apply a legal, commercial and contractually sound perspective to our support and advice.

Higher Risk Buildings (HRBs)
New Duty Holder Regimes
Updating Your Contracts
Construction Disputes

Higher Risk Buildings (HRBs)

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.

Among other things, they also provide detail on the process for and requirements of what is to be included in applications submitted to and approved by the Building Safety Regulator (“BSR”) before the construction of new HRBs and for works to any existing HRBs. It is vital to understand how HRBs are defined in the regulations, the responsibilities introduced by the BSA for HRBs and who it holds accountable for ensuring their safety.

New Duty Holder Regimes

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.

Updating Your Contracts

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. 

Construction Disputes

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Construction FAQs

What does the Building Safety Act cover?

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.

Should I update my contracts as a result of the Building Safety Act?

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. 

What does the BSA define as a higher-risk building?

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.

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