Building safety

Our Building Safety team specialises in advising on this complex area of law. With expertise in the Building Safety Act 2022 and related Building Regulations, we offer advice to developers, real estate funds, investors, freeholders and leaseholders.

We can advise on the legal aspects arising from the following areas:

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

External Wall Systems: In conjunction with experts in fire engineering and façade engineering, we advise on claims arising out of defects in external wall systems.

Lease Terms and Legislation: We review lease terms and relevant legislation, assessing the current position and advising on the respective parties’ rights and obligations.

Service Charges Challenges: We assist in challenging service charges related to remedial works.

Government Funds Applications: We advise clients who are applying for relevant government funds and seeking recovery from the parties responsible for the fire-related defects.

Track record

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.

Building safety

Building safety

Track record

Private residential development

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