Building Safety

Overview

Barristers at Landmark Chambers have been at the forefront of the legislative and regulatory changes brought into force by the introduction of the Building Safety Act 2022, following the tragic events of 14 June 2017 at the Grenfell Tower, London.

Based on the Hackett Report in 2018 and the preliminary findings of the Grenfell Inquiry; the Government introduced a new regulatory and statutory regime to address fire safety issues arising in qualifying buildings which completely changed the landscape of residential building safety and introduced new restrictions on the rights of residential landlords, developers and portfolio owners and granting new rights to tenants, beyond those contained in their existing leases.

Property practitioners at Landmark were involved at the outset of the new regime, being instructed at various stages in the Grenfell Tower Inquiry, working with the policy makers at the Department of Levelling Up, Housing and Communities (“DLUHC”) at the very highest level prior to the implementation of the legislation and advising on associated matters as the Building Safety Bill took shape, including Human Rights implications and effects on the housing market. Members also worked on behalf of interested parties, MPs and Peers to propose amendments to the Bill.

After the Building Safety Act 2022 received Royal assent, and the subsequent regulations were made, Barristers at Landmark appeared (both for, and against) in a number of initial actions for Judicial Review of the Regulations and were able to draw on their pre-existing involvement with and knowledge of the Act and the Regulations.

As Building Safety Act disputes have progressed through the tribunal, we continue to be regularly instructed by all sides and are at the very forefront of this new area of law. Some of the recent work carried out by our members includes:

• Acting for, and advising, Landlords, Freeholders and Developers on the implications of Part 4 and Part 5 of the Building Safety Act 2022
• Acting for, and advising, Tenants (both qualifying and non qualifying), managers and RTM Co’s on the implications of Part 4 and Part 5 of the Building Safety Act 2022
• Advising both Landlords and Tenants on the implications of Schedule 8 of the BSA, and how this affects contributions of service charge
• Bringing some of the first actions for Remediation Orders, and Remediation Contribution Orders, as well as advising the whole spectrum of actors involved, including Government, about these matters
• Advising on and making applications for determinations about Accountable Persons under Part 4 of the BSA
• Advising on the new certification scheme, both Landlord’s Certificates and Leaseholder Deeds of Certificate
• Advising on new concepts under the Act, such as “associated” persons, and “relevant defects”.

We also undertake work with, and have a full understanding of, pre-existing fire safety legislation and can advise generally on, or on enforcement action brought under, the Housing Act 2004, the Regulatory Reform (Fire Safety) Order 2005, and the Fire Safety Act 2021.

As well as working and advising in these new fields, members of chambers frequently give lectures, talks, and webinars on the legislation and updates in the area. A list of talks given by members of chambers can be found here.