A lease granted in consideration for the tenant erecting a building or carrying out works to existing buildings is sometimes called a ‘building lease’. When a building lease falls within the scope of section 19(1)(b) of the Landlord and Tenant Act 1927 (LTA 1927), in certain circumstances, statute intervenes to override the express contractual alienation provisions in the lease. This Practice Note looks at the scope and effect of LTA 1927, s 19(1)(b). For general guidance on assignment and underletting, see: Assignment and underletting—overview. Building leases within LTA 1927, s 19(1)(b) LTA 1927, s 19(1)(b) applies to leases granted: • for a term of more than 40 years • in consideration wholly or partially of the erection, or the substantial improvement, addition or alteration of buildings • where the landlord is not a government department, a local or public authority, or a statutory or public utility company, and • the lease is not of an agricultural holding, a farm business tenancy or a mining lease It does not apply to occupation contracts within the meaning of section

The Building Safety Bill received Royal Assent on 28 April 2022, becoming the Building Safety Act 2022 (BSA 2022). BSA 2022 brought forward extensive reforms of the regulatory regimes and standards for building and fire safety and construction products through a variety of secondary legislation. BSA 2022 also augmented the legal protections available to parties affected by building safety defects. It extended the limitation periods applicable to certain defect claims, and created new rights exercisable in relation to inadequate building works and construction products. These measures included provision for the High Court to make ‘building liability orders’ (BLOs). BLOs may be granted against companies associated with a party that is liable in respect of defective building work, with the effect that the associated company will become jointly, or jointly and severally, liable with that original company. This Practice Note provides guidance on the sections of BSA 2022 that deal with BLOs, and looks at when BLOs may be sought and granted. Throughout this Practice Note, the term ‘applicant’ is used to describe the party seeking the BLO, and

Construction analysis: The Technology and Construction Court (TCC) refused an application to grant orders for information in connection with building liability orders (BLOs), sought under section 132 of the Building Safety Act 2022 (BSA 2022). It found that three of the four respondents were not entities against whom information orders could be made. As for the remaining respondent, it did not appear to the court that that entity was subject to a 'relevant liability', within the meaning of BSA 2022, s 130. This appears to be the first case in which the court has considered an application for an information order, and provides abundant practical guidance on the scope of BSA 2022, s 132.

Construction analysis: The Technology and Construction Court (TCC) refused permission to appeal against building liability orders (BLOs) made under sections 130–131 of the Building Safety Act 2022 (BSA 2022) and declined both a stay of execution and extended time for payment. The judgment confirms that anticipatory BLOs and adjudication liabilities may fall within the statutory regime, while emphasising the broad discretionary nature of the ‘just and equitable’ test. The court also reaffirmed the strict evidential burden on defendants seeking to resist enforcement of adjudication-related liabilities, particularly where group support or associated individuals may provide funding. The decision strengthens the practical utility of BLOs as an enforcement mechanism in building safety disputes and signals judicial reluctance to delay recovery on inadequately supported financial evidence. Produced in partnership with Georgia Whiting of Capita plc.

Construction analysis: The Technology and Construction Court (TCC) refused to stay proceedings arising from an application for a building liability order (BLO). The respondents to the BLO application argued that the proceedings should be stayed until the conclusion of a court action concerning liability for the defects to which the BLO related. In rejecting this argument, the court gave valuable guidance on the procedural aspects of BLO applications.

A licence allowing a contractor to go on site in order to carry out works. Usually required where the employer does not actually own the site.

As described in Practice Note: Building Safety Act 2022—key provisions and issues, the Building Safety Act 2022 (BSA 2022) introduced a rigorous regime of building control processes and other legal requirements in respect of ‘higher-risk’ buildings (HRBs). For information on which buildings constitute HRBs, see Practice Note: Building Safety Act 2022—what is a higher-risk building? Much of the detail of this regime is set out within the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, SI 2023/909 (referred to in this Practice Note as ‘the HRB Regulations’). Alongside this, the Building Regulations etc. (Amendment) (England) Regulations 2023, SI 2023/911 (made pursuant to BSA 2022) introduce a new Part 2A to the Building Regulations 2010, entitled ‘Dutyholders and Competence’. This part of the Building Regulations creates roles for specified dutyholders during construction projects. It sets out the duties that they must comply with, and the competence requirements for individuals and organisations who may hold those roles. The focus of those duties is is to provide greater accountability for those involved in projects

This Practice Note offers practical guidance and tips for in-house lawyers on how to build and improve relationships with individuals within the business. Understanding the pressures which they are under Whether you prefer to refer to those you work with as your ‘clients’ or ‘business colleagues’, the starting point for building a relationship is to see the world through their eyes. There are all sorts of pressures your colleagues could be under, these may include: • time deadlines • sales/profits/costs targets • corporate governance requirements • competitive landscape • regulation • new processes or procedures • limited experience in role/sector/industry The business world is unforgiving. If we fail to recognise and understand the pressures facing our business colleagues, or fail to work with them in a way that helps relieve these pressures, all parties may end up feeling exasperated or demoralised which is not conducive to building a great relationship and being seen as an effective business partner. To properly understand what is important in their world, you need to understand your business’s

This Practice Note provides an overview of the ‘Compliance Plan Approach’ (CPA). The CPA is a compliance quality system that will apply to the design and construction of certain ‘High Risk Buildings’ (HRBs) in Scotland. Under this system, the actions of parties involved in the design and construction process and local authority building control verifiers will be planned, recorded, and reported on—largely through implementation of a ‘Compliance Plan’ (CP) created for the project. The guidance in this Practice Note focuses on the policy and legislative context of the CPA, details of the projects to which it will apply, its proposed requirements, and its practical implications. It assumes some background knowledge of existing building control processes in Scotland, as created under the Building (Scotland) Act 2003 (B(S)A 2003). It is critical to note that the CPA is not yet law. The Scottish Government proposes that the CPA will become law, through the passage of new legislation. It has stated that draft legislation, mandating the use of the CPA on in-scope projects, will be laid

Property Disputes analysis: The appeal in Triathlon Homes v Stratford Village Development Partnership & Others was heard together with Adriatic Land 5 Ltd v Leaseholders of Hippersley Point by the Court of Appeal in March 2025. Common to both appeals was the question of the retrospective operation of key provisions in the Building Safety Act 2022 (BSA 2022). In Triathlon, Lord Justices Newey, Nugee and Holgate unanimously dismissed the appeal by Stratford Village Development Partnership and Get Living Plc against five remediation contribution orders (RCOs) made by the FTT totalling c. £16m under BSA 2022, s 124. The court rejected the appellants’ wide ranging and detailed attack on the FTT’s application of the ‘just and equitable’ test contained in BSA 2022, s 124 and held that RCOs can be made in respect of sums incurred before the BSA came into force in June 2022. Written by Camilla Chorfi, barrister at Falcon Chambers, who acted for the intervening Secretary of State.

Construction analysis: The government proposes to create a ‘Responsible Actor Scheme’ that it will expect residential property developers to join, as part of its strategy for binding developers to rectify historic building safety defects. In this article, we look at the details of the Responsible Actors Scheme, the consequences of failing to join it, and the legislative powers underlying it.

A building society within the Building Societies Act 1986 (as amended).