Building Safety & Cladding
Grenfell Tower Tragedy and the Building Safety Act 2022
Following the tragedy at Grenfell Tower, many developers and homeowners are unsure who is responsible for remedying defective cladding on high rise buildings. Cladding is the material usually used on the exterior of a building to improve appearance; insulation; and energy efficiency.
As a result, the Building Safety Act 2022 was enacted by the government to address substantial failings in the construction industry and how it was regulated. The 2022 Act gained Royal Assent in April 2022 and has been gradually brought into force since then, introducing significant change across many levels, these include but are not limited to:
- Requiring higher-risk buildings to be registered with the new building safety regulator before occupation.
- Consolidating existing legislation under the Building Act 1984; Defective Premises Act 1972; and Building Regulations, including introducing new limitation periods for claims under the 1972 Act and 1984 Acts.
- Introducing a number of orders, including “remediation orders"; "remediation contribution orders"; "building liability orders"; which, impose various obligations on developers; building owners; landlords; and “associated” persons to contribute in the remedy of building defects.
Building Owners Considerations
Building owners should investigate and seek advice on any claim against architects and professionals responsible for designing and undertaking the cladding work in their property.
Our barristers have experience of advising building owners and professionals, such as architects; lawyers; and surveyors on their rights and/or liabilities in the construction of defective buildings.
Considerations for Tenants
When purchasing a leasehold property, the vendor and/or management company should disclose particulars of any works and risk assessments of proposed works, as well as works undertaken in the last three years.
Our barristers have experience of advising tenants when considering their lease, so they are aware of their rights and responsibilities if building safety and cladding issues arise.
Legal Advice and Representation on Building Safety & Cladding
Our barristers at Mercantile Barristers have in depth knowledge on the law relating to Building Safety and Cladding relating to building regulations and the operation of relevant guidance in order to provide clients with clear and practical advice on how to resolve disputes cost-effectively. Our services include, but are not limited to the following:
- advising building owners; landlords; architects; lawyers; surveyors; and leaseholders on their duties and responsibilities under the Defective Premises Act 1972; the Fire Safety Act 2021; the Building Safety Act 2022; and relevant Regulations.
- providing homeowners with guidance when buying or selling a property which may be subject to the requirement for an EWS1 form.
- disputes for defective works, including advising and negotiating agreements for clients by which their original developer will fund remedial works; and acting for freeholders and homeowners with claims under new home insurance policies.
- drafting construction contracts to instruct contractors and professionals for remediation works
Contact our Property Litigation Team today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.
How Our Process Works
You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with you to make the arrangements to advance your case.
Our specialist clerk will match you with the barrister with the expertise to deal with all aspects of your case. They will also obtain and organise the papers the barrister will have to consider in your case.
Our clerk will agree the fee for your consultation with the barrister beforehand. The clerk will then arrange a convenient time for you to have the consultation by video call, telephone or in person.
In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.
Fill in the form below and one of our specialist clerks will get in touch.
