Building and Fire Safety

The disastrous fire at Grenfell Tower has proved the catalyst for wholesale changes in regard to building and fire safety in the UK.

As of 28 April 2022, this sea-change in approach has been given further impetus by the passing into law of the Building and Safety Act 2022, many of the key provisions of which are already in force.

The Act, which is the most significant piece of legislation affecting the construction industry for a generation, imposes far-reaching new duties intended to increase the accountability, transparency and oversight of participants at all stages of the design and construction of high-rise buildings, and effects radical changes to the liability landscape in respect of all new and existing properties. In short, its implications for all those involved in the construction industry are profound.

Hawkswell Kilvington can help

HK’s team of expert construction and engineering solicitors have monitored the new legislation at all stages leading to its enactment and are therefore ideally placed to offer advice, assistance and practical guidance to those wishing to understand their rights, duties and obligations under the Act, or who may already be faced with the prospect of building and fire safety claims.

Examples of recent cases in which HK have acted in relation to these issues include:

• Advising leaseholders on their recovery options for building and fire safety related defects.
• Advising on the potential for Building Liability Orders to become a key feature of the new liability
  landscape.
• Advising design and build contractors in relation to actual and potential liabilities for cladding related works.
• Advising design and build contractors in relation to actual and potential liabilities for cavity barrier and general fire stopping related works.

In July 2022, the Technology and Construction Court handed down its decision in Martlet Homes Limited v Mullaley & Co. Limited, the first important case regarding fire safety to be tried before it since the Grenfell disaster. Further decisions will follow, and HK’s specialist sector expertise means you can be confident that any advice provided reflects the very latest developments in what is and will remain a fast-moving and technically complex area of legal practice.

Get in touch

The far-reaching implications of the new legislation will be a source of concern to businesses and individuals at all levels of the industry. Those affected should not delay in contacting one of HK’s dedicated experts, who will be able to offer tailored advice and guidance designed to promote understanding and minimise exposure where it exists.