Building Safety Act 2022 Continues To Evolve

The Levelling Up, Housing and Communities ("LUHC") Committee and Lee Rowley MP (Parliamentary Under Secretary of State (Local Government and Building Safety)), have confirmed that they will convene in early 2023 at an evidence session to discuss perceived gaps within the BSA.

The agenda for this important meeting will be of interest to all impacted by the BSA. Of note the topics up for discussion include:

• the building safety repairs pledge to which developers have voluntarily signed up to remediate critical fire safety works in buildings over 11 metres for which they are responsible, which to date has not yet been enforced;
• the liability of professional freeholders;
• the remediation fund that has recently been announced for mid-range buildings 11-18 metres in height and whether residents in buildings less than 11 metres in height should be protected; and
• the funding for non-cladding building safety works.

The funding or non-cladding building safety defects was the subject of previous discussion within the 'Building safety: remediation and funding – government response to the Select Committee reports' published on 16 May 2022, in which the cap on non-cladding costs for leaseholders was called to be scrapped. The Government's response was that due to the other caps in place, and protections for leaseholders from the costs of the liability of the developer/landlord, the situation where a leaseholder would have to contribute to non-cladding building safety works was proportionate and would ensure that the necessary remediation works took place.

Revisiting issues such as funding reflects the true impact of the BSA as an evolving environment, which continues to spawn novel issues for policyholders, insurers, landlords and developers.

Further iteration coming into force on the 1 December 2022

28 November 2022

As anticipated the Building Safety Act 2022 ('BSA') continues to evolve, with a further iteration coming into force on the 1 December 2022. Of note and of interest are:

• Hostels, hotels and boarding houses now fall within the scope of the ban on the use of combustible materials;
• Certain metal composite materials (metal composite materials with an unmodified polyethylene core) are now banned from being incorporated into external walls on all buildings as well as specified attachments of buildings (such as balconies or solar panels);
• Solar shading devices/products will not be subject to the ban, however their components such as the slats or curtains will be;
• The latest British Standard Fire classification has been inserted into the Building Regulations;
• The ban on the use of metal composite materials will apply where there has been a material change of use to a building of 11 metres in height (previously 15 metres), but will only apply to existing buildings of 18 metres above ground level;
• New definitions of 'building' and 'building work' have been inserted into the Building etc. (Amendment) (England) Regulations 2021, and Building etc. (Amendment) (England) (No.2) Regulations 2021.