Article Contributed by James Fieldsend, Tanfield Chambers Overview Section 124 BSA (Building Safety Act) 2022 gives to the First-tier Tribunal (Property Chamber) (FTT) the power to make an RCO. That is an order: made on the application of an interested...
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Building Safety Act 2022
All Change! Landlord Certificate and Leaseholder Deed of Certificate
Article contributed by Andrew Butler KC, Tanfield Chambers In this article: “the 711 Regs” means the Building Safety (Leaseholder Protections) (England) Regulations 2022 (SI 2022/711) “the 859 Regs” means the Building Safety (Leaseholder Protections)...
Leaseholder Causes of Action: Key Points for Busy Practitioners
Article contributed by Hugh Rowan, Tanfield Chambers The Building Safety Act 2022 (‘BSA’) has fortified leaseholder’s positions in a number of ways (albeit some are still pending). The three principle new causes of action (plus one old cause, anticipated to...
Limitations on Recovery of Remediation Costs Through the Service Charge: Schedule 8
Article contributed by Daniel Dovar, Tanfield Chambers Introduction The BSA (Building Safety Act) both compels landlords to remediate through implied lease terms (new s.30C, Landlord and Tenant Act 1985) and remediation orders (s.123, BSA). It also...
Qualifying Leases: Before You Buy
Article contributed by Richard Miller, Tanfield Chambers Most of the protections for leaseholders of flats in relevant buildings in Part 5 and Schedule 8 of the Building Safety Act 2022 (“the BSA”) are predicated upon the lease being a “qualifying lease”; that...
A Surveyor’s Perspective on the Building Safety Act
Article contributed by James Brooks, Novello Chartered Surveyors Over the last 6 months, I have been on a ‘CPD roadshow’ meeting nearly 300 solicitors and delivering free training sessions covering a variety of topics from building regulations to the implications of...
Leasehold Flats – The 11m Height Rule
Article contributed by Zahrah Aullybocus, Nexa Law Leasehold Flats – Buildings Under the 11m Height: What Are the Considerations and Risks? The Building Safety Act 2022 (‘BSA’) has created a minefield for conveyancers to navigate through in relation to...
Litigating Remediation Contribution Orders
Article contributed by Robert Bowker, Tanfield Chambers Disinterested Persons? Who Will Apply and Who Will Pay for Remediation and Remediation Contribution Orders Under the Building Safety Act 2022? Sections 123 and 124 of the Building Safety Act 2022 introduced...
Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act
Article contributed by Sara Jabbari, Tanfield Chambers Introduction It is fast approaching the first anniversary of Part 5 and Schedule 8 to the Building Safety Act 2022 (referred to throughout this article as the “BSA” or simply as the “Act”) coming into...
Certification Requirements and Conveyancing: Dealing with the Blunt End of the Building Safety Act – Part 1
Article contributed by Sara Jabbari, Tanfield Chambers. Certification Requirements and Conveyancing: dealing with the Blunt End of the Building Safety Act - Part 1. Introduction It is fast approaching the first anniversary of Part 5 and...