UK Building safety act - guide for UK residential contractors
ASK THE EXPERTS
Send your questions to info @ rei . co . za or post on our FaceBook or LinkedIn pages and we will direct them to the necessary expert
UK Building safety act - guide for UK residential contractors
REBECCA WILLIS Barton ’ s Solicitors
I
' ve heard about new building safety laws in England - what is it ?
The Building Safety Act of 2022 aims to improve the safety of high-rise buildings in England and Wales by establishing new regulations for the design , construction , and maintenance of buildings . It was introduced following the Grenfell Tower incident of 2017 to address and remedy the risks with large residential buildings . As well as building owners , individual leaseholders may also be responsible for costs relating to the removal of dangerous cladding and remediation of non-cladding defects .
If the building is at least 18 metres in height or has 7 or more storeys , it is defined as a ‘ higher-risk building ’ and is subject to the requirements of the Act . To comply with the regulations , a higher-risk building must have an
EWS1 certificate , an EWF Pledge or confirmation from the government that it qualifies for funding from the Building Safety Fund .
In some cases , a leaseholder may qualify for full protection from cladding claims and capped protection from other claims , though in all cases leaseholders cannot be asked to pay more than their service charge percentage as per the lease .
If the building owner was , or was associated with , the developer on 14 February 2022 , the leaseholder is protected from the remediation costs under the ‘ developer test ’.
A ‘ qualifying leaseholder ’ under the Building Safety Act 2022 has a lease of more than 21 years of a single dwelling granted before 14 February 2022 in a building of at least 11 metres or with 5 or more storeys . On 14 February 2022 ,
11 MAY / JUNE 2023 SA Real Estate Investor Magazine