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.

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 and related property disputes. 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 will cladding costs be paid for? • Splitting liability among building owners • Cladding remediation • Definition of non-cladding remediation • Non-cladding remediation costs: summary • Making sure remediation work is done • Mandatory information required from leaseholders and current landlords — ie regarding the leaseholder deed of certificate and the landlord’s certificate • Leaseholder protections

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