What is the Building Safety Act 2022? – An Introduction

The Building Safety Act received Royal Assent on 28th April 2022 following a robust debate in Parliament. The Act is ambitious in its scope and will apply to everyone involved in the design, construction and management of buildings.

The purpose of the Act is to put in place new and enhanced regulatory regimes for building safety and construction products, and to ensure residents have a stronger voice in the system. The Act will result in direct accountability and responsibility for the lifecycle, including the design, construction and occupation of a building. At the same time, new enforcement and regulatory powers will be brought into effect which will create a much more stringent regime in the event of a breach of the new law.

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HOW WE CAN HELP

DAC Beachcroft has a range of specialist teams which can advise on all legal issues arising out of the Act including contractual disputes, enforcement by the Building Safety Regulator, drafting development agreements, collaboration agreements, build contracts and supply chain contracts, and advising on the defence of claims for damages as a result of potential breaches of professional duties.

REGULATORY – SAFETY, HEALTH AND ENVIRONMENT

Our Regulatory Building Safety Team has extensive experience of advising individuals and organisations following serious incidents including fatalities, particularly those involving potential breaches of fire safety legislation and the CDM regulations 2015. As well as providing advice in the immediate aftermath of a building safety incident we can provide advice on risk management to those who will have new duties for building safety including the Accountable Person. We can deliver bespoke training to help those duty holders prepare for the new building safety regime along with clients, contractors, principal contractors and principal designers. 

CONSTRUCTION – LIABILITY AND DISPUTES

As one of the largest national construction practices we have more than 50 senior lawyers working in the UK and around the world on construction and engineering projects. Each member of our dedicated Construction Team has been advising industry players throughout their career. They take pride in working in a sector that continually innovates and has sharpened its focus on safety. They also understand the impact of demanding schedules, vulnerable supply chains and fragile profit margins. Our experienced disputes team can cut straight to the heart of an issue, saving considerable time, money and salvaging relationships.

Our dedicated building safety team has extensive experience advising insurers, employers, contractors, designers (and other professionals) and specialist members of the supply chain on how best to manage and mitigate the implications of the Building Safety Act. As well as proactive advice on how the legislation impacts exposure, we help our clients navigate the risks in contract management, legacy claims, extended exposures under the Act, claims for defective premises, construction products, commercial disputes and insurance issues. We also offer bespoke training on how the Building Safety Act impacts key stakeholders across the industry.