The Building Safety Act 2022
The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Guy Fetherstonhaugh KC, Adam Rosenthal KC, Catherine Taskis KC, Paul Letman, Joe Ollech, Camilla Chorfi, Cecily Crampin, Toby Boncey, Tricia Hemans, Julia Petrenko, Edward Blakeney, Daniel Black, Kavish Shah, Ashpen Rajah, Richard Miller and Gwyneth Everson set out key issues of which property law practitioners should be aware under the BSA 2022.
Landlord’s steps related to the disapplication of the presumption of qualifying lease 26 November 2024
In our latest article about the Building Safety Act 2022, Toby Boncey discusses landlord’s steps related to the disapplication of the presumption of qualifying lease.
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Roof Terraces and Higher Risk Buildings 12 November 2024
In our latest article about the Building Safety Act 2022, Ashpen Rajah considers the First-tier Tribunal’s decision in Blomfield v Monier Road Limited (Smoke House & Curing House) LON/00BG/HYI/2023/0024.
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THE BUILDING SAFETY ACT: UPDATE OCTOBER 2024 28 October 2024
In the our latest post on the BSA 2022, Paul Letman covers some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.
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Certified for broader protection? “Landlord Deed of Certificate” Requirements and “qualifying leases” under Sch. 8 of the Building Safety Act 2022. 14 October 2024
Daniel Black considers "Landlord Deed of Certificate” requirements and “qualifying leases” under Sch. 8 of the Building Safety Act 2022.
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Looking Forward, Looking Back: Service Charges and the Retrospective Effect of the Building Safety Act 2022 30 September 2024
Richard Miller considers service charges and the retrospective effect of the Building Safety Act 2022.
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The Grenfell Inquiry Phase 2 Report: What does it mean for the Building Safety Act 2022? 17 September 2024
Edward Blakeney considers what the Grenfell Inquiry Phase 2 Report, published on 4 September 2024, means for the Building Safety Act 2022.
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Accountability for Higher-Risk Buildings under the Building Safety Act 2022 02 September 2024
Part 4 of the BSA 2022 introduced a new regime for managing “building safety risks” in “higher risk buildings”. Adam Rosenthal KC considers the nature of building safety risk, the definition of higher risk building and the "accountable person", who is responsible for performing these statutory duties.
Read More...The need for speed in BSA funding decisions 22 July 2024
Toby Boncey’s case note on Redrow v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 651 considers the Court of Appeal’s approach (in the context of a judicial review of a decision made prior to the deed of bilateral contract) to the question of the steps applicants need to have taken before BSA funding could be approved.
Read More...Remediation orders under s.123 of the BSA 2022: what might fetter an unfettered discretion? 10 July 2024
Catherine Taskis KC discusses remediation orders under s.123 of the Building Safety Act 2022 in light of the recent First-tier Tribunal decision in Secretary of State for Levelling Up, Homes and Communities v Grey GR Limited Partnership CHI/00HN/HYI/2023/0008: The Chocolate Box, Bournemouth.
Read More...Building Safety Act 2022: Traps for the Unwary Landlord 24 June 2024
Ashpen Rajah considers the recent decision of the Upper Tribunal (Lands Chamber) in Lehner v Lant Street Management Co Ltd [2024] UKUT 135 (LC) in relation to the service charge provisions under Schedule 8 of the Building Safety Act 2022.
Read More...Leasehold and Freehold Reform Act 2024: The BSA 2022 Changes 10 June 2024
The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Edward Blakeney, Daniel Black, Kavish Shah, Ashpen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022.
Read More...Easy as 1, 2, 3? Section 123 of the Building Safety Act and supporting Regulations create a power and a discretion to make remediation orders 28 May 2024
The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Daniel Black, Kavish Shah, Ashpen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022.
Read More...Risk and Harm: Remediation Orders Through the Lens of the Housing Health and Safety Rating System 13 May 2024
The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Edward Blakeney, Daniel Black, Kavish Shah, Ashpen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022.
Read More...The Building Safety Act 2022: Certificates as evidence 01 May 2024
The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Daniel Black, Kavish Shah, Asphen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022.
Read More...Duties imposed by The Building Safety Act 2022 26 February 2024
The Building Safety Act 2022 does not directly impose many duties on landlords of non higher-risk buildings to do fire safety or anti-collapse works. Rather, the sources of such duties are: Landlord covenants in leases; S84 for higher risk buildings, where the landlord is an accountable person; and The Regulatory Reform (Fire Safety) Order 2005 (as amended) for fire-risks. Paul Letman and Cecily Crampin consider the sources of duties in more detail.
Read More...Triathlon Homes LLP v Stratford Village Development Partnership & Others [2024] UKFTT 26 (PC) 25 January 2024
This was a decision given on 19 January 2024, is the first major case on remediation contribution orders under section 124 of the Building Safety Act 2022.
Read More...Building Safety Act 2022: Safety Case Report Confusion: What is the status of s.85 of the BSA? 13 November 2023
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Daniel Black, and Kavish Shah set out key issues property law practitioners should be aware about the BSA 2022.
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Building Safety Act remediation orders: some takeaways about directions and case management 30 October 2023
Kavish Shah shares key take aways about Building Safety Act remediation orders, in light of recent experience in the First-tier Tribunal.
Read More...Building Safety Act 2022: Summary of Statutory Instruments 20 October 2023
The BSA is an Act which has produced many sets of Regulations, and it can be hard to recall which Regulations deal with which aspects. Paul Letman has complied a useful table which can act as your guide.
Read More...The Building Safety Act, Foreign Defendants, and proceeding “as if” by the CPR where FtT Rules are silent 16 October 2023
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko and Daniel Black set out key issues property law practitioners should be aware about the BSA 2022.
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The Building Safety Act 2022 - Is there an obligation on landlords to pay for remediation costs? 09 October 2023
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.
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The Crisis after the Crisis: Relevance of the BSA to RAAC 02 October 2023
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.
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The Building Safety Act 2022 - Waking watches on reasonably incurred costs 25 September 2023
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.
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The Building Safety Act 2022 – Remediation Contribution Orders and Cost Recovery 18 September 2023
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.
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The Building Safety Act 2022 – Procedural Issues with Remediation Orders 13 September 2023
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.
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Member(s) in The Building Safety Act 2022 Series
- Guy Fetherstonhaugh KC
- Catherine Taskis KC
- Adam Rosenthal KC
- Paul Letman
- Joseph Ollech
- Camilla Chorfi
- Cecily Crampin
- Tricia Hemans
- Julia Petrenko
- Toby Boncey
- Daniel Black
- Edward Blakeney
- Kavish Shah
- Ashpen Rajah
- Richard Miller
- Gwyneth Everson