The Building Safety Act 2022 (BSA) is a complex piece of legislation that has had a significant impact on all aspects of the construction and real estate industries. The BSA was introduced as a protective legislative measure in response to the serious building fire safety failures highlighted by the Grenfell Tower tragedy.
The Act aims to establish clearer fire and building safety standards, obligations and liabilities for every party involved throughout a building’s life cycle, from early planning stages through to design, development and occupation.
Key developments include:
- The introduction of section 2A of the Defective Premises Act and extended limitation periods
- Building Liability Orders
- Higher-risk buildings and the gateway regime
The BSA significantly amended the Defective Premises Act (DPA) by introducing section 2A. This provision aims to ensure that all dwellings are fit for habitation and safe.
Section 2A provides that individuals or businesses undertaking work to an existing dwelling must do so in a workmanlike and professional manner, using proper materials and ensuring the dwelling is fit for habitation. Its purpose is to extend duties to those who did not fall within the original scope of section 1 of the DPA.
Extended limitation periods
Before the BSA, the limitation period for claims under the DPA was six years from the date of practical completion. The BSA extended these timeframes significantly.
Claims under section 1 of the DPA now benefit from a 30-year retrospective limitation period for work completed before June 28, 2022, and a 15-year limitation period for work completed after that date. Claims under section 2A are subject to a 15-year limitation period for work completed before June 28, 2022.
Extension of limitation periods is intended to improve access to justice and to reflect the reality that building safety defects often emerge many years after completion. However, a practical difficulty is that developers responsible for historic defects may no longer exist. Building Liability Orders were introduced to address this issue.
Higher-risk buildings and gateways
Higher-risk buildings are broadly defined as buildings that are at least 18 metres in height or have seven or more storeys and contain at least two residential units.
For these buildings, the BSA introduced a strict regulatory framework through a gateway regime that applies throughout the building’s life cycle. Development cannot lawfully progress without approval from the Building Safety Regulator.
Gateway 1 applies at the planning stage and requires early consideration of fire safety. Gateway 2 is a hard stop, preventing construction from commencing until the Building Safety Regulator is satisfied that the design meets building regulations. Gateway 3 applies at completion and requires confirmation that the building complies with building regulations before occupation.
The BSA has brought significant change to the construction law landscape by introducing clearer statutory obligations, defined responsibilities and wider powers for the courts to impose liability for building and fire safety defects.
The Act is intended to transform how the construction industry approaches residential development, with safety prioritised from initial planning through to occupation. Since its introduction, there has been a noticeable increase in construction defect claims brought under the revised regime.
The Building Safety Act continues to reshape risk and liability across the construction sector.
By Kiran Banwait, Trainee Solicitor in Construction at Howes Percival
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