Developments around building safety and remediation work continue to impact the commercial property sector, driving forward fire and structural safety in residential buildings and tower blocks.
It’s almost four years since the Building Safety Act 2022 (BSA) received Royal Assent (applicable only in England); and the rollout will be complete before the end of this year. Developers and landlords need to understand their new legal obligations (and upcoming changes), factor in the financial and practical implications and note the timescales imposed.
They will also want to implement robust compliance processes and procedures to reduce any risk of legal challenges. Unsurprisingly, some issues are already being tested in the courts.
Contact the property litigation team at mfg Solicitors for early, strategic advice on how we can help you navigate these important safety matters.
Relevant buildings
Landlords and developers of ‘relevant buildings’ now have a legal obligation under the BSA to carry out repairs. A relevant building for these purposes is a building at least 11 metres or five storeys tall, contains two or more residential units and is not leaseholder-owned.
Anyone who has a legal or beneficial equitable interest in a relevant building can pursue remediation orders and remediation contribution orders against ‘relevant’ landlords and developers (ss123-124 BSA).
But note that not every landlord of relevant buildings is in fact subject to the repairing obligation. In February 2025, the First Tier Tribunal ruled that landlords whose repair and maintenance obligations have been transferred to a Right to Manage company do not constitute a ‘relevant landlord’. It meant that a remediation order could not be made against the landlord in that case.
Higher risk buildings
From 30 September 2026, stricter regulations will apply to ‘higher risk’ buildings (note that some relevant buildings will constitute higher-risk buildings). A higher risk building is a residential block higher than 18 metres or seven storeys tall and contains at least two residential units (or is a hospital or care home).
Higher-risk buildings will be required to have a second staircase installed, subject to transitional arrangements. Specifically, a residential development that has been granted building regulations approval before 30 September 2026 does not have to comply with the new requirements.
Where building regulations approval is received after 30 September following the previous guidance, there will be an 18-month period (to 30 March 2028) in which to sufficiently progress the work without a second staircase being required.
Building Safety Levy
Finally, the new Building Safety Levy on residential developers is due to kick in from 1 October 2026, shifting liability for remediation works from the tax-payer to the building and construction industry.
The levy – introduced under The Building Safety Levy (England) Regulations 2025 - will apply to new building control applications and initial notices from 1 October to fund remediation works on residential buildings across England.
The levy (set by individual local authorities) will be payable on completion in respect of residential developments creating at least 10 dwellings; and other large residential developments.
What does this mean?
It is important for developers and landlords to understand how the new legislation may impact planned developments, the extent of their obligations, the financial implications involved and how disputes could be de-escalated.
It is likely the number of disputes arising out the BSA will increase as the industry gets to grips with the legislation. If you are concerned about your responsibilities under the new framework, it is important to take specialist legal advice.
Contact us
For robust advice and representation, contact the commercial property litigation team by calling Harjie Bindra on 01527 831691 or email harjie.bindra@mfgsolicitors.com.