THE BUILDING SAFETY ACT: UPDATE OCTOBER 2024
In the our latest post on the BSA 2022, Paul Letman covers some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.
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Leasehold and Freehold Reform Act 2024: The BSA 2022 Changes
The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Edward Blakeney, Daniel Black, Kavish Shah, Ashpen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022.
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Duties imposed by The Building Safety Act 2022
The Building Safety Act 2022 does not directly impose many duties on landlords of non higher-risk buildings to do fire safety or anti-collapse works. Rather, the sources of such duties are: Landlord covenants in leases; S84 for higher risk buildings, where the landlord is an accountable person; and The Regulatory Reform (Fire Safety) Order 2005 (as amended) for fire-risks. Paul Letman and Cecily Crampin consider the sources of duties in more detail.
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Triathlon Homes LLP v Stratford Village Development Partnership & Others [2024] UKFTT 26 (PC)
This was a decision given on 19 January 2024, is the first major case on remediation contribution orders under section 124 of the Building Safety Act 2022.
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Building Safety Act - New Jurisdiction and Powers
Paul Letman and Julia Petrenko have produced an updated article on the Building Safety Act 2022. The Building Safety Act (‘BSA’), as is well known now, was granted Royal Assent and passed into law at 13.38pm on 28 April 2022. The Act which was first introduced as a Bill to Parliament on 5 July 2021, is a central element of the Government’s response to the Grenfell disaster of 14 June 2017.
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Building Safety Act 2022: what you need to know
The Building Safety Act 2022 came into force on 28 April 2022. Paul Letman and Cecily Crampin set out in detail what the different parts of the Act cover.
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Kensquare Ltd v Boakye [2021] EWCA Civ 1725
The Court of Appeal has allowed an appeal against a decision of Judge Cooke in the Upper Tribunal on two of three grounds relating to the service and administration charges recoverable by Ms Boakye’s landlord, Kensquare Ltd. Paul Letman and Toby Boncey have written a short article on the case.
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The Building Safety Bill 2021
Paul Letman on the current Building Safety Bill that was published on 5th July 2021.
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Point West GR LTD v Rita Bassi & Ors [2020] EWCA Civ 795
This is an important decision by the Court of Appeal on the scope of the review that the FtT is able to carry out (under Rule 55) on an application for permission to appeal one of its decisions. Paul Letman has provided a short summary.
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First Tier Tribunal, Property Chamber & Upper Tribunal (Lands Chamber)
The Property Chambers have been quick to react to the current crisis. As noted previously on this page the First-tier Tribunal immediately undertook a review all of cases listed for hearing or mediation in the four-week period from 23rd March 2020 to establish whether cases should proceed or be postponed for a paper determination or re-listing. Postponements were duly given in the vast majority of cases, with letters being sent out almost immediately in each case. All hearings in Residential Property cases were then postponed until after 29 May 2020, with all directions suspended until after the same date.
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