BSA 2022

BSA 2022 — the Building Safety Act 2022 — is the post-Grenfell statute that created the Building Safety Regulator, the higher-risk building regime with its gateway approvals, and the retrospective remediation and liability framework cladding a generation of buildings.

Where it sits: Building Safety Act 2022; secondary legislation and the developing case law on remediation orders, contribution orders and building liability orders continue to shape its reach.

The Act does three big things at once. It builds a regulator with gateways over the design and construction of higher-risk buildings. It arms leaseholders, building owners and the industry itself with remediation orders, contribution orders and building liability orders — the litigation engine of the last three years. And it extended limitation for defects claims under the Defective Premises Act, reopening doors many thought closed.

For a commercial team the Act is now part of the ground conditions of UK development: gateway durations sit in programmes, dutyholder competence sits in procurement, and latent-defect exposure sits in every acquisition appraisal. We cover its developing law in our insights, and the pending Building Remediation Bill would extend its reach again.

→ Latent defects and limitation