The Building Safety Act 2022 (BSA 2022) contains extensive provisions and paves the way for significant changes to the law on building safety. For general information on the reforms introduced by BSA 2022 and its key provisions, see Practice Note: Building Safety Act 2022—key provisions and issues. BSA 2022, Pts 3 and 4, provide the framework for a new regulatory system applicable to ‘higher-risk buildings’ (HRBs) which include buildings that are at least 18 metres in height or have at least seven storeys and contain at least two residential units. Through amendments to the Building Act 1984 (BA 1984), BSA 2022, Pt 3 enables the creation of a stringent building control regime that will apply to the design and construction of works to HRBs. BSA 2022, Pt 4 imposes extensive risk-management and reporting obligations on those responsible for occupied HRBs. These measures are referred to, collectively, as the HRB regime. For more detail on what buildings fall within and outside of the HRB regime, see Practice Note: Building

This Practice Note sets out the key points to think about when drafting contracts for projects to which the Building Safety Act 2022 (BSA 2022), and particularly the ‘higher-risk’ building regime, applies. It covers issues such as the extended limitation periods for bringing claims under the Defective Premises Act 1972 (DPA 1972), the additional regulatory controls placed on the pre-construction and construction phases and completion, and duties placed on ‘dutyholders’ under both BSA 2022 and accompanying secondary legislation and more broadly under the Building Regulations 2010, as amended. Drafting issues to consider where the employer is a member of the Responsible Actors Scheme are also included. For a more detailed overview of BSA 2022, see Practice Note: Building Safety Act 2022—key provisions and issues, and for more information on what types of buildings are subject to the ‘Higher-Risk building’ regime, see Practice Note: Building Safety Act 2022—what is a higher-risk building? Limitation Periods BSA 2022 extended the period for bringing claims under DPA 1972, s 1(1) and under section 38 of the Building Act 1984 (BA 1984)

This Practice Note provides links to key government guidance regarding the Building Safety Act 2022 (BSA 2022) in respect of landlord and tenant matters. General BSA 2022 guidance • The Building Safety Act • The Building Safety Act: secondary legislation • Explanatory notes—Building Safety Act 2022 BSA 2022—landlord and tenant matters • Building safety leaseholder protections: guidance for leaseholders • Cladding and other fire safety works–information for residents • How do these legal changes affect my lease? • What are my building owner’s legal obligations? • Qualifying date, qualifying lease and extent • Definition of ‘relevant building’ • Definition of ‘relevant defect’ • Remediation costs: what leaseholders do and do not have to pay • Leaseholder contribution caps • How

This Checklist sets out the requirements that must be met in relation to the documents provided with applications for building control approval and applications for completion certificates which are issued to the Building Safety Regulator (BSR). These applications are 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. This Checklist concentrates particularly on the form and content that the documents referred to in the application should take, rather than listing the documents that must be included in the application itself or being stored and updated as part of the ‘golden thread information’. For more information on the construction and occupation requirements for HRBs generally, see Practice Notes:

The Building Safety Act 2022 (BSA 2022) introduced fundamental reforms to the law and regulation of building safety, which seek to ‘secure the safety of people in or about buildings and improve the standard of buildings’. BSA 2022, Pts 3 and 4 provided the framework for a new regulatory system applicable to ‘higher-risk buildings’ (HRBs). BSA 2022, Pt 3 enabled the creation of a stringent building control regime that applies to the design and construction phase of HRBs. BSA 2022, Pt 4 imposed risk management and reporting obligations on those responsible for occupied HRBs. These measures are referred to, collectively, as the ‘HRB regime’. This Practice Note looks at BSA 2022, Pt 4 which contains provisions relating to the management of building safety risks in occupied HRBs in England. BSA 2022, Pt 4 does not apply to HRBs in Wales. For commentary on the Welsh position on HRBs, see Practice Note: Building and Fire Safety—the position in England, Scotland and Wales. Responsibility for building safety risks in occupied higher-risk buildings BSA

The Building Safety Bill received Royal Assent on 28 April 2022 resulting in the Building Safety Act 2022 (BSA 2022). While the changes brought about by BSA 2022 are of significant importance to construction lawyers, its provisions will also be highly relevant to banking and finance lawyers acting on real estate finance transactions and other finance transactions involving real estate or parties involved in real estate development. As such, banking and finance lawyers will need to be familiar with certain provisions of BSA 2022 in order to understand: • the effect of the new obligations and liabilities under the BSA 2022 on their borrowers/developer clients and their group companies, and • the potential for lenders to be caught by the provisions in the BSA 2022 regarding liability for defective buildings and the cost of remedying defective building works The BSA 2022 will affect many new real estate finance development facilities in particular and their refinancings. It also has the potential to affect real estate

This Practice Note looks at some of the key issues arising from the Building Safety Act 2022 (BSA 2022) which may be encountered in property transactions in England. It focuses on the basic principles of BSA 2022 which affect property transactions and contains links throughout to other Practice Notes which provide more detailed coverage of the topics covered. For property transactions in Wales, see Practice Note: Building and Fire Safety—the position in England, Scotland and Wales. This Practice Note is aimed primarily at practitioners dealing with the sale and purchase of a completed (or recently constructed) building or an individual unit within such a building. Similar considerations will apply on the grant of a new lease or a new mortgage or charge—references in this Practice Note to buyer and seller include landlord and tenant or lender and borrower. It considers: • Higher-risk buildings under BSA 2022, Parts 3 and 4 • Relevant buildings under BSA 2022, Part 5 and leaseholder protections • Other considerations arising out of BSA 2022 Note

This Practice Note looks at some of the key issues arising from the Building Safety Act 2022 (BSA 2022) which may be encountered in residential property transactions in England. It focuses on the basic principles of BSA 2022 which affect residential property transactions and contains links throughout to other Practice Notes which provide more detailed coverage of the topics covered. For guidance on building safety in Wales, see Practice Note: Building and Fire Safety—the position in England, Scotland and Wales. This Practice Note is aimed primarily at practitioners dealing with the sale and purchase of a leasehold flat in an existing building in England which is affected by the provisions of BSA 2022. For further guidance on BSA 2022 and property transactions, see Practice Note: Building Safety Act 2022—key issues for property practitioners. Note that a building does not have to be exclusively residential for BSA 2022 to apply; the application of BSA 2022 or otherwise will need to be considered in transactions involving mixed-use buildings as well as purely

The government introduced the Building Safety Bill (the Bill) to Parliament in July 2021, intending to deliver on the recommendations and principles identified in Dame Judith Hackitt’s ‘Independent Review of Building Regulations and Fire Safety’, and to address acute concerns regarding building safety that arose from the Grenfell Tower fire in July 2017. The government stated that Bill would bring forth ‘the biggest changes to building safety regulation in a generation’. The Bill received Royal Assent on 28 April 2022, resulting in the Building Safety Act 2022 (BSA 2022). BSA 2022 introduces fundamental reforms to the law and regulation of building safety, which seek to ‘secure the safety of people in or about buildings and improve the standard of buildings’. This Practice Note summarises the key aspects of BSA 2022 for construction lawyers, including the reforms to the regulatory regimes and standards for building and fire safety and construction products that it brings forward, and its provisions regarding liability for historic building safety defects. For guidance on BSA 2022 provisions in respect of landlord

The Building Safety Act 2022 (BSA 2022) case tracker is a list of key landlord and tenant-related BSA 2022 judgments from the First-tier Tribunal (Property Chamber) (FTT) and Upper Tribunal (Lands Chamber) (UT), and the courts, which we consider relevant to property disputes lawyers. Cases are listed in reverse chronological order. The tracker employs the following definitions: • Relevant defect: ie anything done or not done, or used or not used in connection with ‘relevant works’ which causes a building safety risk (ie the spread of fire or the collapse of part or all of the building) • RO: the FTT in England may make a remediation order (RO) on application by an ‘interested person’ (for the purposes of ROs this includes the Secretary of State (in England)), the Building Safety Regulator, the local authority, the fire and rescue authority, persons with a legal or equitable interest in the building, and the Homes and Communities Agency). ROs are orders that ‘relevant landlords’ (which for these purposes means a landlord

The government introduced the Building Safety Bill (the Bill) to Parliament in July 2021, intending to deliver on the recommendations and principles identified in Dame Judith Hackitt’s ‘Independent Review of Building Regulations and Fire Safety’, and to address acute concerns regarding building safety that arose from the Grenfell Tower fire in July 2017. The government stated that Bill would bring forth ‘the biggest changes to building safety regulation in a generation’. The Bill received Royal Assent on 28 April 2022, resulting in the Building Safety Act 2022 (BSA 2022). BSA 2022 introduces fundamental reforms to the law and regulation of building safety, which seek to ‘secure the safety of people in or about buildings and improve the standard of buildings’. While under BSA 2022, s 169(1), the Act extends to England and Wales, the aspects of BSA 2022 covered in this Practice Note do not apply in Wales (see BSA 2022 explanatory notes—Annex A—Territorial extent and application in the UK. Accordingly, this Practice Note summarises the key aspects BSA 2022 in respect of

This Practice Note lists all Building Safety Act 2022 (BSA 2022) related legislation and summarises its relevance from a Property Disputes angle, states whether or not it is applicable in England or Wales or both and contains links to relevant guidance. For general guidance in respect of: • landlord and tenant matters, see Practice Note: Building Safety Act 2022—landlord and tenant issues • the reforms to the regulatory regimes and standards for building and fire safety and construction products that it brings forward and its provisions regarding liability for historic building safety defects, see Practice Note: Building Safety Act 2022—key provisions and issues • Defective Premises Act 1972 limitation period amends and more generally, see Practice Notes: Building Safety Act 2022—key provisions and issues—Developers and product manufacturers—claims and liabilities and Defective Premises Act—work in relation to dwellings • the framework for a new regulatory system applicable to ‘higher-risk buildings’ (HRBs) under BSA 2022, Pt 3 (which enabled the creation of a stringent building control regime that will apply to the design and