Building Safety Act Enacted

As of 28 April 2022, the Building Safety Bill has now been given Royal Assent as the much anticipated Building Safety Act.

The Act introduces enormous changes into the way in which building safety is regulated, with significant consequences for developers, owners, landlords and tenants of residential buildings.

There remains a transitionary period of up to 18 months where there will be a phased introduction of many of the provisions under the Act (of which the first was its passage through parliament). This phase will include, within the next 2 months, the retroactive extension of the time limit for Defective Premises Act claims from 6 years to 30 years, and for future buildings to 15 years.

The second phase, which relates to the introduction of the new regulatory regime and Secondary Legislation, is intended to come into force within six to twelve months, i.e. October 2022 to April 2023.

The third and final phase, which relates to the transition and enforcement of the main regime, is intended to come into force within twelve to eighteen months, i.e. April 2023 to October 2023.

Accordingly, we expect the Act to be fully operational by October 2023 and it will be announced in the Queen's speech on 10 May 2022.

A detailed breakdown of the transitionary period for the Act from the UK Parliament site is available here and for ease of reference, the key dates of the phases are set out below:

Phase 1

Description of Phase

This phase relates to the passage of the Bill through the parliamentary stages in both Houses.

Date of enforcement following Royal Assent

This phase completed when the Bill received Royal Assent on 28 April 2022.

Phase 2

Description of Phase

This phase relates to the introduction of the new regulatory regime and Secondary Legislation, for example the changes to the Regulatory Reform (Fire Safety) Order 2005.

Date of enforcement following Royal Assent

The transitionary period for this phase is expected to last between six to twelve months. Accordingly, we expect this phase to be completed between October 2022 and April 2023.

Phase 3

Description of Phase

This phase relates to the transition and enforcement of the main regime, for example the new duties on Accountable Persons and the Gateways.

Date of enforcement following Royal Assent

The transitionary period for this phase is expected to last between twelve and eighteen months. Accordingly, we expect this phase to be completed between April and October 2023.

HSE in its latest Building Safety eBulletin, have reiterated 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.

The new regulatory regime is starting to take shape but will evolve and be strengthened over the next 18 months as the Building Safety Regulator builds up its service and prepares for its functions to come online. The gauntlet has been laid down and the Regulator's powers and ambit will increase in the coming years, so now is an excellent opportunity for those in the industry to get their house in order.

If you have any questions in relation to the Act, its reach or the transitionary period, please do not hesitate to get in touch.