The Building Safety Act 2022 ("BSA") only received Royal Assent on 28 April 2022 and, at the present time, significant elements of the BSA are yet to come in to force. However, concerns are already being raised over perceived gaps within the BSA and shortcomings regarding building safety and the remediation of unsafe buildings.
On 7 September 2022, Clive Betts, Chair of the Levelling Up, Housing and Communities Committee wrote to Simon Clarke, the new Secretary of State at the Department of Levelling Up, Housing and Communities ("DLUHC"), concerning these perceived gaps in the BSA and inviting comment from the Government as to how it intends to address these gaps (see here). The key areas of concern identified within the letter relate to:
- the liability of professional freeholders;
- the grant funding agreement for the building safety fund;
- the voluntary developer pledge; and
- funding for the remediation of unsafe buildings between 11 and 18 metres in height.
While we await the DLUHC's response, it is possible that further legislation and/or regulations will be required to address these issues.
“Concerns over gaps in the Government’s flagship Building Safety Act have been raised with the LUHC Committee. I hope the Secretary of State will be able to shed some light on these areas and ensure the long overdue progress on these issues, and the lengthy delays to making people’s home safe, is not further prolonged.”