Construction analysis: The recently enacted Building Safety Act 2022 (BSA 2022) makes large changes to the law in England and Wales in relation to construction projects, health and safety regulation and leaseholder rights. While many aspects of BSA 2022 do not extend to Scotland, some do, and their impact is likely to be significant. Shona Frame and Amy Roberts of CMS (Cameron McKenna Nabarro Olswang LLP) provide an overview of BSA 2022’s impact on the Scottish legal landscape.

These training materials contain template PowerPoint slides and associated notes for use by a trainer when providing an introduction to the Building Safety Act 2022 (BSA 2022). Topics covered include: Background to and overview of BSA 2022, the Building Safety Regulator, Dutyholders, Higher Risk Building Regime and claims and liabilities arising from building safety defects and construction products. The materials are available in both PowerPoint and Word formats and are fully customisable. Click the link below to download the presentation: Contents • Background to and overview of BSA 2022 ◦ Hackitt report ◦ Building Safety Act

The Building Safety Act 2022 (BSA 2022) paved 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 provided the framework for a new regulatory system applicable to ‘higher-risk buildings’ (HRBs). Through amendments to the Building Act 1984 (BA 1984), BSA 2022, Pt 3 enabled the creation of a stringent building control regime applicable to the design and construction of works to HRBs. The requirements of this regime were set out in a package of secondary legislation laid in August 2023, and which came into force on 1 October 2023. 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. This Practice Note considers which types of buildings and associated works are ‘in scope’ of the HRB regime, by reference to the definitions, criteria

Property disputes analysis: In Grey GR Ltd Partnership v Edgewater (Stevenage) and others, the Upper Tribunal has dismissed the respondents’ appeal against the First Tier Tribunal decision granting a remediation contribution order (RCO) under section 124 of the Building Safety Act 2022 (BSA 2022) against 75 respondents. Marcus Birch of BCLP considers the matter.

The Scottish Government has introduced the Building Safety Levy (Scotland) Bill in Parliament. If passed, the Bill will impose a new tax on the construction of certain new residential properties. The legislation, set to come into force on 1 April 2027, aims to raise £30m annually to help fund the remediation of residential buildings with unsafe cladding that have no linked developer. The Bill provides exemptions for social and affordable housing developments, with specific tax rates to be determined through subsequent regulations. Subject to Parliamentary approval, secondary legislation and preparatory work by Revenue Scotland will be required before the Building Safety Levy (BSL) can be implemented. In addition, the Bill includes a provision for regular reviews of the BSL to assess revenue targets in light of prevailing housing market conditions, wider economic factors, and the evolving scale and cost of cladding remediation work. The Scottish Government has also published an analysis of responses to its September 2024 public consultation on the BSL.

Construction analysis: The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026, represent a notable shift in the government’s post-Grenfell building safety reforms. By establishing the Building Safety Regulator as a standalone body, separate from the Health and Safety Executive and sponsored by the Ministry of Housing, Communities & Local Government, the government intends to strengthen oversight and accountability, and move closer to a single construction regulator. Written by Katherine Metcalfe, partner at Pinsent Masons.

The Building Safety Regulator (BSR) has published its strategic plan for the period from April 2026 to March 2027. The plan focuses on five priority areas: (1) improving operational practices; (2) providing remediation support; (3) overseeing building phases; (4) enhancing safety monitoring and (5) raising professional standards. By March 2027, the BSR aims to process Gateway 2 applications for new buildings within 18 weeks and to handle remediation applications for non-complex cases within 12 weeks. Both targets are set to achieve a 65% approval rating.

Construction analysis: This claimants, referred to collectively as Woodland, applied to adjourn the trial of this matter from June 2026 to June 2027 due to the Building Safety Regulator (BSR) rejecting the claimants’ proposed remedial scheme. The application was opposed by the first, fourth and fifth Defendants, with the other defendants remaining neutral. The property at the centre of this case is a ‘Higher-Risk Building’ (HRB) within the meaning of section 120D of the Building Act 1984. The BSR’s rejection of the proposed remedial scheme meant the claimants’ case on quantum was uncertain, hence the request for adjournment. After consideration, the court refused Woodland’s application to adjourn the entirety of the proceedings. Instead the trial will be split, with issues relating to liability to be heard at the original hearing in June 2026, with issues relating to quantum to be dealt with later. Written by Oli Worth, partner and Lucy Day, associate at Archor LLP.

The programme for the delivery of schools using a PFI and non-PFI model. The Department for Children Schools and Family (DCSF) and Partnerships UK (PUK) set up Partnerships for Schools (PfS) (which no longer exists) to deliver the BSF programme. This has now been replaced by the Priority School Building Programme.

Government programme launched in 2004, for the rebuilding or refurbishment of every secondary school in England. The government announced the end of the BSF programme in 2010.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the Building Schools for the Future government scheme and the current Priority School Building Programme. It also looks at the construction contracts used and common negotiation points. Building Schools for the Future Building Schools for the Future (BSF) was a labour government run scheme announced in 2003 by the Department for Education and Skills (which later became the Department for Education or DFE). It was launched in 2004. The aim of the scheme was, among other things, to initiate a step change in children’s education by improving facilities, property and learning environments within local secondary schools. BSF was to be funded by a £55bn fund to improve schools over a 15–20-year period. The scheme was administered nationally by Partnerships for Schools, which was established by the DFE as both a company and a non-departmental public body (ie a government sponsored body operating at arm’s length). It was funded jointly by DFE and Partnerships

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