This Practice Note gives guidance on the scope and interpretation of section 38 of the Building Act 1984 (BA 1984). The government had stated its intention to bring BA 1984, s 38, into force ‘alongside’ other legislative changes that became effective under the Building Safety Act 2022 (BSA 2022) on 28 June 2022—though regulations bringing s 38 into force have yet to be published. BA 1984, s 38 provides that breach of a duty imposed by building regulations, so far as it causes damage, is actionable. In other words, it imposes civil liability on parties who fail to comply with the requirements of building regulations. This Practice Note looks at what building regulations are, who may sue and be sued under BA 1984, s 38, and what damages might be recovered in a claim based on s 38. The guidance is this Practice Note is focused on the provisions of the building regulations that relate to standards of building work, breaches of which may result in defects. However, there are other obligations

The contract between an employer and a contractor for the carrying out and completion of building works. The building contract may be referred to as the main contract, particularly when sub-contractors are to be engaged.

The Building Control Independent Panel (BCIP) has published its ‘problem statement’, following the release of the government’s Terms of Reference on 13 June 2025. The statement highlights the challenges facing the building control sector overall and sets out plans to work with stakeholders and the building control profession to address issues raised by the Grenfell Tower Inquiry in its final report.  The BCIP will investigate whether to remove commercial interests from building control and transition to a national authority model. After holding three meetings since June 2025, the BCIP announced it will issue a call for evidence from the building control sector before the end of July 2025, with responses due within one month of publication. The panel aims to publish its final review by the end of 2025. The government will consider the BCIP’s recommendations and respond in early 2026.

The Building Regulations 2010 impose minimum standards for carrying out specified works in or about buildings, energy conservation and access to and use of buildings. Building Regulations apply to: new buildings or extensions; installing, extending or altering services or fittings; alterations affecting stability; fire safety; access; and use requirements.

The Building Act 1984 (BA 1984) empowers the Secretary of State/Welsh Ministers to make Building Regulations for various purposes, including to secure the health and safety of persons in or about buildings. It establishes criminal liability for breaches of these regulations and grants enforcement powers to local authorities to enforce them. This Practice Note provides guidance on the enforcement of Building Regulations. See Practice Note: Obtaining building regulations approval for guidance on when and how Building Regulations approval is obtained. General power of local authorities to enforce Building Regulations and exemptions from enforcement BA 1984, s 91(2) provides that it is the function of local authorities to enforce the Building Regulations in their area. This is subject to circumstances where BA 1984, ss 91ZA or 91ZB provide that the Building Safety Regulator (BSR) is the building control authority (in respect of any higher-risk building (HRB) or work that has a prescribed connection with any HRB), in which case it is the duty of the BSR to enforce. For more information on the building control regime for HRBs, see Practice Notes:

The ‘Building Research Establishment Environmental Assessment Method’ (BREEAM) is a method for evaluating and certifying the environmental performance of a building’s design, construction and operation. A BREEAM score and rating are assigned to BREEAM certified buildings providing a means of measuring the environmental impact of a building’s design and construction and so benchmarking this against other certified buildings.

The Building Safety (Wales) Bill has received Royal Assent. The Act establishes a new building safety regime for multi-occupied residential buildings in Wales, introducing three categories based on building height and number of storeys. The Act requires the registration of regulated buildings that are at least 11 metres high or have at least 5 storeys with the relevant building safety authorities. Buildings meeting these thresholds are subject to both fire safety and structural safety duties, while those below are subject only to fire safety requirements. The Act also confers new functions on building safety authorities (local authorities) and fire safety authorities (fire and rescue authorities), requiring them to assess and manage fire and structural safety risks in in-scope buildings. It further establishes new rights and responsibilities for residents in relation to in-scope buildings and implements a new enforcement regime, enabling action to be taken where duties are not complied with.

Property Disputes analysis: In this case, the First-tier Tribunal (FTT) has provided guidance on the application of the ‘just and equitable’ test in the context of Remediation Contribution Orders under section 124 of the Building Safety Act 2022 (BSA 2022). Written by Andrew Butler KC, barrister at Tanfield Chambers, London.

Property Disputes analysis: The Court of Appeal was asked to decide whether paragraph 9 of Schedule 8 of the Building Safety Act 2022 (BSA 2022) could be applied retrospectively to prevent landlords from recovering certain service charge costs from leaseholders of qualifying leases. The court held by a majority that the relevant provisions of BSA 2022 do have retrospective effect, meaning that a landlord is now prevented from recovering certain costs incurred by it prior to the coming into force of BSA 2022 on 28 June 2022 from leaseholders of qualifying leases. This means that any landlord who had not recovered certain service charges from a qualifying leaseholder prior to the coming into force of the BSA 2022, is now unable to do so. Written by Daniel Wright, associate at Browne Jacobson LLP.

This Checklist sets out the requirements that must be met when setting up the facility housing the golden thread information, a list of the documents that should be included in the electronic facility containing the golden thread information which must be created and updated during the construction of a ‘higher-risk’ building and then handed over to the person acting as the ‘principal accountable person’ (PAP) during the occupation of that building. This is needed in relation to works which consist of the construction of a new higher-risk building (HRB) or works to an existing HRB (for information on the criteria for establishing if the building is an HRB, see Practice Note: Building Safety Act 2022—what is a higher-risk building?) and, where the works are related to an HRB, to ensure the requirements in Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (HRB Procedures Regulations), SI 2023/909, reg 31(1) are met. For more information on the construction and occupation requirements for HRBs generally, see Practice Notes: Building Safety Act 2022—design and construction requirements of the higher-risk building

The Building Safety Act 2022 (BSA 2022) introduced the biggest overhaul of building regulation in forty years, transforming the systems of oversight applicable to the design, construction and management of, among others, residential properties and ‘higher-risk’ buildings (HRBs) in particular (for information on what constitutes a HRB, see Practice Note: Building Safety Act 2022—what is a higher-risk building?). Stricter standards in relation to competence and safety reporting, together with new causes of action and court orders to facilitate remediation of historical defects, also have significant insurance implications. The resulting increase in claims against construction and real estate professionals will lead to more policy notifications, and potential coverage disputes, while the market adjusts to novel exposures in light of developing case law. This Practice Note therefore considers some of the key insurance issues that are likely to flow from BSA 2022 in relation to enhanced duties, extended liabilities, new remedies and policy coverage. Enhanced Duties Individuals taking on responsibilities under BSA 2022 should ensure that new requirements are fully understood, with associated risks

Construction analysis: Section 124 of the Building Safety Act 2022 (BSA 2022) allows the First-tier Tribunal to make remediation contribution orders (‘RCOs’) where it considers it ‘just and equitable’ to do so. In this article, Marcus Birch, consultant at BCLP, considers the recent First-tier Tribunal decision in Grey GR Ltd Partnership v Edgewater (Stevenage) and others which provides long-awaited guidance on how the tribunal will apply the ‘just and equitable’ test in fire safety cases involving large numbers of respondents.