Building safety

The Grenfell tragedy catalysed a major review of building safety. This resulted in ground-breaking and far-reaching changes which will fundamentally alter the property, construction and insurance industries.

The changes instituted by the Building Safety Act 2022 and other building safety legislation are unprecedented and fast moving. Familiar legal concepts are shattered, the corporate veil is pierced, long-standing limitation rules are re-written and freedom of contract is curbed. Non-compliance with the regime is backed by criminal sanctions.

We can guide you through the new building safety regime, whether you are developing, managing, buying, selling, remediating or enfranchising buildings or dwellings caught by the changes, acquiring a target now or previously involved in construction or bringing or defending a claim. From determining whether you own a higher-risk building to building registration, from navigating the new building control “gateway” regime for higher-risk buildings to assessing recovery options for remediation costs, from participation in the responsible actors scheme to dealing with claims for remediation orders, remediation contribution orders or building liability orders, we have an expert team that can help you.  

Our lawyers

Our team brings together experts from across our practice, including our construction, real estate investment and development, enfranchisement, planning, insurance, corporate acquisitions and commercial groups. We’re uniquely placed to provide comprehensive, strategic, market leading advice and to help clients operate in the new building safety landscape. 

Our experience

Our transactional construction team is:

  • Helping clients negotiate building contracts and professional appointments designed to address changes to the building regulations and the new gateway regime
  • Advising on cladding remediation schemes and the issue of second staircases for certain tall residential buildings
  • Identifying and advising on the risk of group company liabilities on corporate transactions which have substantially increased

Our real estate team is:

  • Identifying the principal accountable person and other accountable person(s) and advising on the new duties associated with higher-risk building ownership
  • Assessing and advising on risks on acquisitions and disposals of affected buildings
  • Advising landlords on service charge recovery for remediation costs, including landlord and leaseholder certificates, and any changes to property management agreements for affected buildings
  • Advising tenants on the sale and purchase of affected dwellings, qualifying leaseholder protections under the Act and the impact of enfranchisement on those protections

Our construction, real estate and insurance disputes teams are:

  • Bringing and defending cladding and other building safety claims
  • Advising on, seeking or defending remediation orders, remediation contribution orders and building liability orders
  • Advising on the new construction product manufacturer claims

Legal resources you may find useful

The construction team at Mills & Reeve discuss the new building safety regulations in this short vlog. Speakers include Dominic Jones (partner), Ed Freeman (principal associate), Iain Murdoch (principal associate) and Alison Garrett (senior legal adviser).
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