New powers give further importance to building safety

On 1^st October 2023, the Building Safety Act 2022 significantly increased the enforcement period for a breach of building regulations from 1 to 10 years.

The Building Safety Act 2022 was introduced following the failings in building safety which led to the Grenfell Tower Fire, the act aims to give residents more rights, power, and protection than ever. The act applies to ‘higher risk buildings’ which are defined as a building in England that is at least 18 meters in height or has at least 7 storeys and has at least 2 residential units.

The change doesn’t apply retrospectively so any works carried out before 1^st October are still subject to the 1-year enforcement period.

Section 39 of the Building Safety Act 2022 states ‘a person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.’  This means any person involved in the construction and management of high-risk residential buildings is now at risk of criminal prosecution, the offence may also be committed by way of consent or negligence, meaning liability is extended to company officers. Further to this, the maximum penalty for non-compliance has also increased to an unlimited fine and/or 2 years in prison.

Going forward, the Building Safety Regulator can by notice require the owner to pull down or remove the offending work or effect alterations necessary to make the building comply with the regulations within 28 days (or longer if deemed appropriate). The deadline for serving notice has been extended from 1 year to 10 years from completion of the work that is in breach.

The act also makes it clear that in the first instance, developers should be required to pay for remedial works on buildings they had a role in developing or refurbishing, even where they no longer own the building. Where the developer can’t be found the cost of repairs will then fall to the landlord. The act also regulates the cost landlords can recoup from tenants in relation to remediation works needed.

This is likely to lead to an increase in the cost of indemnity premiums and purchasers should be mindful when purchasing a property that doesn’t have a completion certificate.