The following seeks to round up the latest Building Safety news since our March 2024 update:
1. Amendments to s.123 BSA (Remediation Orders) and s.124 (Remediation Contribution Orders) in the Leasehold and Freehold Reform Act 2024
As part of the Government's "tidy up" before the Election, the Leasehold and Freehold Reform bill was passed and came into force on 24 May 2024.
Part 8 provides some interesting amendments to s.123 BSA (Remediation Orders) giving power to the First Tier Tribunal to direct a landlord to obtain an expert report relating to relevant defects. There is also a new concept of "relevant steps" that can be taken in relation to a relevant defect, these include steps that prevent or reduce the likelihood of a fire or harm to people, including a reduction in the severity of such an incident or harm. A Remediation Order can now include specified relevant steps that must be taken in relation to a relevant defect.
S.124 BSA (Remediation Contribution Orders) has been expanded to include a whole host of (expensive) costs that can now explicitly recovered – notably, expert reports, temporary accommodation and the costs of decanting residents whilst remedial works are being carried out.
2. Second common stair guidance applies from 30 September 2026
On 29 March 2024, the Government updated its guidance calling for second staircases in all new tall residential buildings over 18 metres.
The guidance in the Building Regulations 2010 Approved Document B: Fire safety now makes the following recommendations:
(a) Flats should be served by more than one common stair if the building has a top storey of 18m or more in height.
(b) Building design provisions to support the use of evacuation lifts in blocks of flats.
The changes to Approved Document B will take effect on 30 September 2026 for use in England. The 2019 edition incorporating the 2020 and 2022 amendments will continue to apply where a building notice or an initial notice has been given to, or a building control approval application with full plans made to, the relevant authority before 30 September 2026 and building work has started and is sufficiently progressed or will be sufficiently progressed within 18 months.
3. Change control and notifiable changes: manage building control approval
On 24 April 2024, the Government provided guidance on how to make a change control application for higher-risk building work or building work to an existing higher-risk building.
Notably, if you make a change control application for major changes, you must stop building works related to that change and cannot start them again until the Building Safety Regulator ("BSR") has assessed and approved the change. Given the BSR's current processing times (16 – 20 weeks), changes in work could cause significant delays to the project.
4. Guidance on building completion certificates
Also on 24 April 2024, the Government issued guidance on how to apply for a completion or partial completion certificate after contractors have completed building work for a new higher-risk building or building work to an existing higher-risk building. The guidance details each piece of supporting information that must be uploaded to the BSR.
5. Register of registered building inspectors
On 29 May 2024, the Government's guidance for registered building inspectors was updated and a register of building control approvers has been released. Search the register here.
DAC Beachcroft has a dedicated building safety team with extensive experience advising all stakeholders on how best to prepare for, manage and mitigate the implications of the Building Safety Act and associated legislation. As well as proactive advice on how the legislation affects commercial interests, we help our clients navigate the risks in procurement and contract management, legacy claims, extended exposures under the Act, construction products, commercial disputes and insurance issues. We also offer bespoke training on how the Building Safety Act impacts across the industry.
