Building and fire safety law
Building and fire safety law has long been a key issue for the real estate and construction sectors but it has come even more to the fore following the Grenfell Tower tragedy in June 2017 and subsequent reforms, including the Building Safety Act 2022. In an ever-changing landscape, we combine a variety of specialist expertise to provide clients with a single point solution for all their building and fire safety legal challenges.
Building safety legal advice
Penningtons Manches Cooper has a substantial track record of providing advice on building and fire safety issues and acting on disputes across construction, development and landlord and tenant matters. This includes specialist guidance on remediation measures, statutory duties, strategies for recovering the cost of remediation and general building safety law compliance.
Our building and fire safety lawyers were appointed to advise on the high-profile fires at the Royal Marsden Hospital in Chelsea in 2008 and Lakanal House in Southwark in 2009, as well as Grenfell Tower. Since June 2017, the rate of change in building and fire safety law has been rapid. After advice was provided to the government in the aftermath of the Grenfell fire, widespread recommendations were proposed with the aims of improving building and fire safety and protecting leaseholders from the costs associated with making those improvements.
Following the grant of royal assent to the Building Safety Act in April 2022, there have been many amendments to the law governing building and fire safety and additional detail provided in secondary legislation. Yet further changes are included in the Leasehold and Freehold Reform Act which became law in May 2024.
In recent years, our specialist lawyers have assisted numerous clients on reviewing their property portfolios, ascertaining the extent of exposure, adopting clear strategies, and carefully recording their decision-making processes to help ensure that they are complying with the full range of building and fire safety requirements.
The team at Penningtons are knowledgeable, meticulous and enthusiastic whilst remaining approachable. They are happy to talk through all aspects of the issues at hand.
We act for freehold owners, landlords, developers, contractors, consultants and insurers, offering broad technical knowledge alongside practical experience. Our building and fire safety lawyers also have expertise in the implementation of remedial measures to ensure compliance and act on multiple cladding remedial programmes, many well in excess of £10 million.
We regularly advise clients on procuring funding for remedial works, including through the Building Safety Fund and the Cladding Safety Scheme. We guide clients through the new building safety claims’ landscape, including advising on Remediation Orders, Remediation Contribution Orders, Defective Premises Act claims and Building Liability Orders. We also have expertise in insurance coverage issues in relation to building safety defects (and related losses) in addition to defending enforcement action taken by local authorities.
How we help our clients
Advice on building safety defects, including fire safety defects and structural issues
Construction documents for fire safety and structural remedial works
Use of the Building Safety Act 2022 to resolve building safety defects and enforce remediation
Recoverability via service charges, including dispensation from the section 20 consultation process
Identifying the principal accountable person (PAP) for higher-risk buildings and their obligations
Procurement of works under the Building Safety Fund and Cladding Safety Scheme defending enforcement action taken by local authorities
Insurance coverage for building and fire safety, including for external wall construction
Portfolio management, remediation measures, regulation and fire safety law compliance
Exit rights under acquisition contracts and lease agreements due to building safety issues
Correct approach to measurement of building height to determine higher risk buildings
Guidance on the government’s ‘developer self-remediation contract’ for affected properties
Insights
What our clients are saying
The team at Penningtons are knowledgeable, meticulous and enthusiastic whilst remaining approachable. They are happy to talk through all aspects of the issues at hand.
Penningtons Manches Cooper was knowledgeable and able to advise us in terms of the best approach to take.
Penningtons help to demystify complex deals and understand the client’s needs.
Recent work highlights
Procurement and development strategy
Adjudication in road tunnel project
Housing investment and scheme recovery
Nuclear facility contractual scope dispute
Central London green office upgrade
Building Safety Scheme dispute resolution
Contact us
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