May 2022 Building Safety update

The Government has the power to bring sections of the BSA into force at any time, in addition to those which the Act had specifically provided for from the outset. See our placemat summarising the key provisions of the BSA here.

The Government have now published its first round of Commencement regulations, which will bring some additional sections of the Act into force between 28 May 2022 to 1 October 2022.

As we summarise below, most of the sections appear to be relatively procedural in nature, but, most significantly, the regulations will also bring into force s130 – 132 relating to Building Liability Orders on 28 June 2022.

• Sections coming into force 28 May 2022: regulation-making powers only under s132 (which relates to the ability to obtain an order about information relating to associated entities for Building Liability order purposes)

• Sections coming into force 28 June 2022:

  Building Liability Orders

  • s130 and 131: relating to Building Liability Orders, which, as we have previously summarised, will give the Court the power, if it considers it just and equitable to do so, to order that a relevant liability of one entity in relation to a building, is also that of certain entities “associated with” that original body. (A relevant liability is one incurred under the Defective Premises Act 1972, s38 Building Act 1984 or “as a result of a building liability risk”).

  • s132: - as noted above this will allow the Court to make orders requiring certain information to be provided to claimants about associated entities, in effect so they can assess whether to obtain a BLO.

  The Regulator

  • s2(2), Schedule 1 and s3: relating to the building safety regulator and amendments to the Health & Safety at Work etc Act 1974, and the regulator’s objectives and principles.
  • s17 and 18: relating to the regulator’s obligation to prepare strategic plans for submission to the Secretary of State

  Various amendments to the Building Act 1984 etc

  • s31 (in part): in England only, amendments to the Building Act 1984 to introduce s120D to H relating to the definition of “higher risk building” under that Act, and the power to make further regulations in relation to that definition
  • s41: the power to revoke certain instruments relating to EU obligations
  • s55 and Sched 5 (in part): various other – largely consequential - amendments to the Building Act 1984 (as further detailed in Schedule 1 to the regulation)
  • s57 – in relation to England only, an amendment to bring in powers to make regulations regarding fees and charges in relation to building control (note that this is distinct from the section relating to the Building Safety Levy (s58) which is not yet in force).

• Sections coming into force 28 July 2022: s48 – amends the Building Act to remove certain requirements relating to the insurance scheme for approved inspectors

• Sections coming into force 1 October 2022: s160 – various amendments to the Housing Act 1996 in relation to complaints to the housing ombudsman.