Building Safety Bill has been given royal assent

The much-discussed Building Safety Bill has received royal assent and becomes the Building Safety Act 2022, although there is not, as yet, any proposed date for the Act to come into force, although it is expected for the Act to be fully operational by October 2023. Announcement is expected in the Queen's speech on 10 May 2022. 

Designed to regulate building safety, the act makes “provision about the safety of people in or about buildings and the standard of buildings" and imposes significant consequences for those in relation to the whole gamut of those involved, including developers, owners, landlords and tenants of residential buildings.

In particular, recents amendments on cladding in particular new duties of care and causes of action will be introduced, applying retroactively.

Additionally, the Act now includes a clause that creates a new liability relating to construction products installed on residential buildings which result in the dwelling being unfit for habitation.

The liability, when the Act comes into force, will be imposed on any person who fails to comply with a 'construction product requirement’. This may include requirements under existing and proposed regulations stipulating conditions for the marketing and technical specifications of construction products. 

Once the act comes into force the government can expect to face significant litigation and the Act may require significant secondary legislation. In the meantime, HSE has enforced the view that everyone with a role in relation to the built environment needs to 'Get Ready Now' in order to play a part in making buildings safer.

Posted on 5 May, 2022 by Ortolan

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