The Building Safety Act 2022 is here! Along with the myriad of statutory instruments and guidance that will accompany it, the new legislation will usher in the biggest swathe of regulatory changes the UK built environment will have seen in almost 40 years (since the Building Act 1984 hit the statute books).
From inception through to Royal Assent, the new legislation has evolved considerably. Its original ambit was centred on enhancing safety in the design and construction of new high rise homes. The new regime now extends from the pre-construction procurement stage (the planning process) through to the post-construction occupation and property management phase (with a focus on the entire life cycle of a building) and covers a number of issues that include:
- Changes to the Building Act and the Building Regulations to improve building control
- Imposing a separate set additional statutory duties on CDM duty-holders
- Changing the way higher risk buildings are designed, planned and built by requiring the duty-holders to capture building information relating to fire and structural safety
- Enhanced rights for property owners, leaseholders and occupiers to bring claims in respect of defective work
- Residential leaseholder protections designed to shift the responsibility for paying remediation costs away from the residents in a building; and
- A widening of liability for building owners, developers of high risk buildings and product manufacturers and suppliers.
This workshop will cover:
- The new framework at a glance – getting one’s head around the Act, new regulations, new guidance
- The volume of legislation is warranted due to the serious matter it deals – Impact of the Grenfell inquiry
- The most important and most noteworthy features of the new legislative framework
- The expected dates when key sections of the Act will come into force
- A more stringent regime for higher risk buildings – the new ‘Gateway’ process and a look at the ‘golden thread’ of information
- A consideration of new duties on key dutyholders – including the interaction with other legislation, Fire Safety Act, CDM Regulations
- New causes of action and changes to limitation periods – the Defective Premises Act 1972, Section 38 Building Act 1984 and lability for construction products
- Impact on appointments and building contracts and insurance issues
- A look ahead – leaseholder protections and making the industry pay..
Who should attend?
Everyone with responsibility for building safety, health and safety, assurance and compliance as well as asset management specialists.
Neave Maguire, Associate, Construction & Engineering Team, Built Environment Practice
Neave is a full service Construction lawyer based in London. She advises on and negotiates both standard form and bespoke contracts and also provides guidance on a wide range of issues, including construction disputes and insurance coverage. She has experience of the full range of dispute resolution processes in the construction sector including adjudication, arbitration and civil litigation, as well as mediation. Acting for and against large multi-disciplinary consultancies, engineers, architects, project managers, developers and employers, and tier 1 and 2 contractors, she has developed a strong commercial awareness and a comprehensive understanding of industry issues. She is a frequent speaker and host of workshops for HQN.
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