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The Building Safety Act 2022 (BSA), which is applicable in England and Wales, received Royal Assent in April 2022 and is set to transform how tall structures are designed, constructed and managed, with the Government describing the changes proposed as the biggest for almost four decades.
The BSA applies to almost everyone involved in developing, designing, building and managing property, with great emphasis placed on buildings defined as ‘higher-risk’. The BSA will bring about a seismic shift and complete overhaul for other construction related matters.
It is an all-encompassing act and seeks to leverage on existing regulatory structures. By way of example, it relies on the existing health and safety structure under the Construction (Design and Management) Regulations 2015 to implement new responsibilities within a regime that is focused on raising standards and designed to ensure compliance with building regulations requirements.
We will unpick the lengthy Act and focus on the key points you need to be aware of ensuring you are prepared and aware.
We work closely with developers, property owners and other parties to support our clients in complying with the various facets of the BSA, our specialist lawyers are on-hand and help to make sense of the BSA’s features at every stage.
The implications of the BSA for the management of health and safety by builders and developers are significant, alongside the changes to the limitation periods. Our cross-team collaborations allow us to advise clients on the wide-ranging changes brought about by this Act, along with risk mitigation strategies.
Our lawyers are experts in their field and have a wide range of experience in advising on development projects which have included issues relating to co-location, development funding, development structures, estate management, master planning options, overage and uplift, plot sales, accommodation programmes, renewable energy infrastructure and regeneration.
Whether you are funding, supplying, designing and constructing, servicing or otherwise operating in the built environment, or in infrastructure and the connectivity of things, the change and innovation you’re seeing in terms of modern methods of construction, the digital economy, integrated procurement and delivery partnerships, globalisation of supply chains, new funding structures and alternative forms of dispute resolution are just some of the areas that you will need to understand and navigate to manage your risk and reward.
It’s the vital first step for building projects large and small. But the planning and consenting systems are not easy to navigate. Decades of tinkering in law, policy and regulation have created a machine which may seem confusing or even contradictory to outside observers.
The law governing property is constantly changing. This can create the prospect of real estate disputes, now or in the future – which can prove costly in terms of lost opportunities, revenue and even reputation.
We advise on contracting strategy in respect of offsite construction, procurement routes (including via frameworks), and draft and review contracts. We work with most industry standard form contracts (such as JCT contracts) and also deal with bespoke contractual amendments.
We also advise clients on risk mitigation strategies and tactics, and in dealing with construction or commercial disputes such as adjudications and litigation.
Our approach to site set up is focused on limiting and avoiding incoming enquiries from buyers’ solicitors to achieve your exchange deadlines by pre-empting road blocks that your buyers may encounter.
We understand the unique challenges faced in the MMC plot sales process and highlight practical solutions to secure exchanges.
Whether you are funding, supplying, designing and constructing, servicing or otherwise operating in the built environment, or in infrastructure and the connectivity of things, the change and innovation you’re seeing in terms of modern methods of construction, the digital economy, integrated procurement and delivery partnerships, globalisation of supply chains, new funding structures and alternative forms of dispute resolution are just some of the areas that you will need to understand and navigate to manage your risk and reward.
It’s the vital first step for building projects large and small. But the planning and consenting systems are not easy to navigate. Decades of tinkering in law, policy and regulation have created a machine which may seem confusing or even contradictory to outside observers.
The law governing property is constantly changing. This can create the prospect of real estate disputes, now or in the future – which can prove costly in terms of lost opportunities, revenue and even reputation.
We advise on contracting strategy in respect of offsite construction, procurement routes (including via frameworks), and draft and review contracts. We work with most industry standard form contracts (such as JCT contracts) and also deal with bespoke contractual amendments.
We also advise clients on risk mitigation strategies and tactics, and in dealing with construction or commercial disputes such as adjudications and litigation.
Our approach to site set up is focused on limiting and avoiding incoming enquiries from buyers’ solicitors to achieve your exchange deadlines by pre-empting road blocks that your buyers may encounter.
We understand the unique challenges faced in the MMC plot sales process and highlight practical solutions to secure exchanges.
