Building safety

Building safety

Our Building Safety team comprises specialists from across the firm, including Construction, Construction Disputes, Real Estate Disputes, Commercial Real Estate, Residential Property and Planning, all with expertise in this fast-moving and complex area.

We advise developers, real estate funds, investors, freeholders, leaseholders and Right to Manage/Residents’ Management Companies (RTM/RMCs) on the intricacies and challenges arising out of the Building Safety Act 2022 and related legislation, such as the Defective Premises Act 1972.

We can advise you on:

Compliance: We advise freeholders and leaseholders of higher-risk buildings on their obligations in relation to the new Accountable Person regime and associated management of building safety risks.

New buildings:  We advise developers, freeholders on navigating the new Gateways with the Building Safety Regulator, and the ‘golden thread’ of fire safety information.

External Wall Systems and related Fire Safety Defects: In conjunction with experts in fire engineering and façade engineering, we advise on claims arising out of defects in external wall systems and other areas such as compartmentalisation and fire alarm adequacy.

Lease Terms and Legislation: We review lease terms and relevant legislation, assessing the current position and advising on the respective parties’ rights and obligations, particularly with regard to leaseholder protections under Schedule 8 of the Building Safety Act and the requirement for Landlord and Leaseholder Deeds of Certificate.

Service Charge Challenges: We advise leaseholders and landlords where there is a challenge to service charges related to remedial works, all the way up to and including First-tier Tribunal proceedings (and beyond) if needed.

Remediation Orders/Remediation Contribution Orders:  We advise parties affected by fire safety defects on appropriate routes for remediation, whether that is groups of leaseholders/RTM companies seeking guidance on how to quickly remedy cladding or fire safety defects in their building, or developers seeking to recoup costs from contractors or architects.

Government Funds Applications: We advise clients who are applying for government remediation funding (e.g.  Building Safety Fund) and seeking recovery from the parties responsible.

Track record

Leaseholders

We are advising several groups of leaseholders and RTM companies on remediating large apartment blocks which have been found to have defects after FRA/FRAEWs were carried out, including tracing those responsible for the defect and advising on possible routes to remediation and/or costs recovery including via litigation if necessary.

Centrepoint

We are acting in the case of Almacantar v De Valk and others (the Centrepoint litigation), one of the earliest cases to be decided under the Building Safety Act, which concerns the extent of leaseholder protections under Schedule 8 and is due to be heard by the Court of Appeal in Autumn 2026.

Private residential development

Advising the freeholder of several towers of a residential development in central London in relation to the works required to rectify defective cladding and firestopping in the external walls.

Our advice has included advising the freeholder on various obligations arising from the grant funding agreement and liaising with the Department for Levelling up, Housing and Communities (DLUHC) on the completion of the agreement, drafting and negotiating the building contract and assisting the freeholder to complete the DLUHC’s cost recovery questionnaire.

Housing Association

Advising a housing association on the drafting and negotiation of a remedial works agreement and settlement agreement with the developer, in addition to conducting a review of the building contract and professional team appointments to be entered into between the developer and its preferred building contractor and professional consultants.

Student accommodation

Advising an institutional fund in relation to the remediation of a complex 19 storey, 435 room student accommodation block which has recently achieved practical completion. We advised on the method of procurement and building contract for the cladding remedial works, a separate but interrelated building contract for the remediation of significant internal defects and the professional team appointments and collateral warranties. We are also advising the client on its claim against the original building contractor and have issued High Court proceedings to recover the cost of the remedial works and the client’s other losses.

Developer

Advising our developer client in respect of façade remediation works to a higher risk building in London. Our team advised on the terms of the grant funding agreement with the government and prepared, negotiated and concluded the professional team appointments and the building contact for the remedial works.

Building owner

Advising the freeholder of a mixed use building who was one of the first landlords in London to remediate its building following the discovery of aluminium composite material (ACM) cladding and other building safety defects following the Grenfell Tower disaster. We provided advice on the client’s retrospective application to the Building Safety Fund and the client’s obligations to pursue the parties responsible for the defects.

Meet our team