Bishop & Sewell
Flower

Our cross-departmental Building Safety team are specialists in the management of claims relating to building and fire safety, providing complex advisory work relating to wider issues of building safety. As experts in the Building Safety Act 2022 and its secondary legislation, we can provide the very best advice to building owners, leaseholders, and property managers regarding their rights and responsibilities under the new regime.

To discuss any aspect of this information, contact us by emailing buildingsafety@bishopandsewell.co.uk

Advice in relation to any particular matter or set of facts will need to be considered on a case-by-case basis.

Building Safety Areas of Expertise

Service Charges & Recovery

Building safety legislation protects certain tenants by limiting the amount of service charge they need to pay to remediate certain building and fire safety defects. Landlords and Building Owners could be required to pay all or part of the service charge shortfall resulting from the application of these leaseholder protections. In particular, where buildings are managed by RTMs and RMCs, landlords and building owners could receive Remediation Contribution Requests in respect of these shortfalls.

Remediation Orders & Remediation Contribution Orders

Landlords, Building Owners and Developers should be aware of the ability of an interested party (which would include any tenants or other landlords at the building) to bring a claim in the FTT against them or their group companies for a Remediation Contribution Order. This is an order requiring those Landlords, building owners or developers to pay, or contribute to, building safety remediation costs that have been incurred or are to be incurred in respect of a building.

Safety Regime for Higher-Risk Buildings

Click here to find out more about the Building Safety Act 2022 and obligations for stakeholders of high-rise buildings.

Our Building Safety Experts can assist in providing strategic and legal advice in relation to:

  • Compliance with the new building control regime, and the new regime for managing building safety risks in occupied higher-risk buildings;
  • The engagement of experts (façade consultants, architects, fire consultants) and arrangements in relation to the EWS1 certificate and PAS 9980 assessments to include the review of the same and advice on the procurement of remedial works.
  • Ongoing fire safety obligations, before, during and after completion of remedial works (such as waking watches).
  • The position under statute, such as the Fire Safety Act 2021 , Building Safety Act 2022 and Defective Premises Act 1972.

Landlord Certificates & Leaseholder Deeds of Certificate

Landlords are also required to comply with the certification regimes imposed by the Leaseholder Protection Regulations within tight timescales. Failure to do so could result in a loss of the ability to recover building safety remediation costs that could otherwise have been lawfully demanded through the service charge from tenants. We can implement a strategy for drafting and serving such certificates on behalf of either landlords or leaseholders.

Building Safety Solicitors

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