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In this article, by Burges Salmon's Tom Weld, we explore the additional duties imposed on parties constructing high rise (over 18m) residential buildings.
When acquiring, funding or developing residential blocks additional due diligence is required to comply with the Building Safety Act. The new building safety regime places a significant number of duties and obligations on to owners of residential buildings (above 18m) (which could include investors or management companies) and whilst these duty holders can seek to engage third parties to carry out the duties, ultimate liability will remain with the investor or management company.
Any investor or funder with such buildings in their portfolio should undertake an audit to ensure these duties are being discharge as failure to comply will not only put safety at risk, but it also risks significant sanctions under the new regime.
The new building safety regime implemented by the Building Safety Act 2022 (BSA) and its secondary legislation represents a step-change in the approach to building safety in England. While aspects of the building safety regime are applicable to all construction projects, the primary focus of the new regime is building safety in higher-risk buildings (HRBs) which are buildings of at least 18 metres or seven storeys that contain at least two residential units. The new regime applies not only to the design and construction of HRBs, but also the occupation of new and existing HRBs, and places various duties on those who are deemed to be either the “Accountable Person” and/or the “Principal Accountable Person” under the BSA
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