Building Safety Act 2022 Edition

Changes for Developers following the Building Safety Act 2022

As part of its introduction to the Building Safety Act 2022 the government stated that the new law would "create lasting generational change and set out a clear pathway for the future on how residential buildings should be constructed and maintained".

Clearly the intention for the Act is far ranging and there are several obligations that have come into force straightaway, such as extending the liability period for suppling defective cladding products to 30 rather than 15 years. However, there are some parts not yet in force and a few powers that the government has up its sleeve that may or may not be fully enacted, but that the prepared property Developer should be aware of.

Department Highlight

Commercial Retrofit - The New 'Hot' Topic for Construction Projects

The UK Green Building Council ("UKGBC") have published a guide to support industry to retrofit the UK's poorly performing commercial buildings.

From 2023, every commercial building in the UK will require an energy performance certificate ("EPC") which rates its energy efficiency from grade A to G. The Government is seeking to strengthen these standards and has proposed that all commercial properties being let, have a minimum EPC rating of at least 'B' by 2030 and is considering a possible interim requirement of level 'C' by 2027. Buildings which fail to meet these new standards would require owners and landlords of commercial buildings to upgrade their stock. 

The UKGBC's new guide is aimed at supporting industry professional and stakeholders, from landlords and building owners, as well as those that will need to be involved in the scoping, planning, delivery and management of commercial retrofits including architects, engineers, planners and facilities managers. Essentially, any group will benefit from this guidance who has the intention of supporting the successful delivery of net zero-focused retrofit projects.

What the Building Safety Act 2022 means for Disputes

It is clear from the Building Safety Act that the Government has attempted to distribute accountability amongst all those involved in the design and build of higher-risk buildings. Under the Act, parties including, but not limited to, architects, builders, manufacturers, and suppliers will now all have increased liability. Indeed, the Act introduces new causes of action which enable claims to be brought against construction product manufacturers and sellers. The limitation period for bringing such claims has now been extended up to 15 years from which date the right accrued.

Construction Litigation: what you need to know

Effects of the Building Safety Act 2022

The first instalments of the Building Safety Act predominantly focused on enhancing safety measures in the design and construction of new high-rise buildings. However, the bill developed to include a legislative framework for the entire lifecycle of the built environment, from the pre-construction planning stage through to post-construction, occupation, and property management stages.

The Act also introduces new regulatory bodies to oversee the construction industry.  The Building Safety Regulator (BSR) will oversee safety and performance, the National Construction Products Regulator (NRCP) will govern more effective market surveillance and enforcement in the sector, and the New Homes Ombudsman Scheme will allow relevant owners of new-build homes to escalate complaints. 

One of the most radical changes in force since the 28th June 2022 is the extension of limitation periods for claims involving dwellings unfit for habitation. Previously, claims under section 1 of the Defective Premises Act 1972 had a limitation period of six years following the completion of works, or the completion of any subsequent rectification works (either being when the cause of action accrued), but that period has now been increased to 15 years for claims accruing after 28 June 2022.  Where the defective works were completed before that date, the limitation period is retrospectively extended to 30 years. With this reform comes the concerning result that claims previously considered out of time may now still be brought.

Significant Changes for the Industry

Following the disaster at Grenfell, Dame Judith Hackitt was appointed to undertake an independent review of building regulations and fire safety.

Her recommendations for a “golden thread” of information aimed to ensure buildings are designed and maintained safely and places a duty on those responsible to ensure an information management system is kept up to date and accurate. The review has influenced and shaped The Building Safety Act 2022 which now places a duty on those who work in the course of business in relation to any part of a relevant building and outlines both the scope of that duty and who the duty is owed to.

Hybrid World: How does the shift towards hybrid working impact the Construction industry

The ongoing Covid-19 pandemic has created a significant movement in the shift to hybrid working across many sectors of the economy. After having no option but to adapt to home working in 2020, the concept of physically attending the workplace 5 days a week has become outdated, with many employees preferring the balance between work life and home life that remote working allows.

As we move towards a post-pandemic world, many sectors have adapted a permanent hybrid work model. Flexible working has become somewhat of an expectation for many employees, although for some industries such as construction, where physical presence is a matter of priority, hybrid working comes with its fair share of challenges.

Undeniably the construction industry allows for limited flexibility of work suited to the hybrid model. Without construction workers being present on site, structures would simply not be built. However, despite the on-site demands within the construction industry, many companies within the sector have expressed interest in allowing their employees to work remotely where possible, through fear that should they fail to do so, they may risk losing employees.