The cladding crisis which erupted following the tragedy at Grenfell Tower continues to plague millions of homeowners across the country. From ascertaining who is responsible for remedying defective cladding, dealing with EWS1 forms and landlord certificates on the sale and/or purchase of a flat, understanding the obligations when applying for one of the Government’s remediation funding schemes, to entering into contracts for remediation works and making claims for defective cladding, flat owners, landlords, RTM companies and managing agents are facing a plethora of complex issues in their quest to make their homes and buildings safe. Additionally, matters continue to evolve as a result of the legislative changes introduced by the Fire Safety Act 2021, the Building Safety Act 2022 and the plethora of secondary legislation proliferating therefrom.
Edwin Coe has extensive experience in dealing with all aspects of cladding issues including:
- advising leaseholders, landlords, RTM companies and agents in relation to:
- responsibility for defective cladding and defects generally; and
- service charge provisions with regard to payment of remediation works and associated costs;
- dealing with disputes for defective works (which often extend beyond cladding issues) including acting for freeholders and homeowners with claims under new home insurance policies;
- advising ‘applicants’ on the government schemes for funding remediation works including the Building Safety Fund;
- drafting construction contracts and appointments to engage contractors and professionals for remediation works;
- advising and negotiating agreements for clients by which their original developer will fund remediation works in place of the Building Safety Fund;
- advising builders/contractors on their liability in relation to any defective cladding and fire safety defects;
- providing homeowners with guidance when buying or selling a property which may be subject to the requirement for an EWS1 form; and
- advising landlords and leaseholders on their currently and prospective duties and responsibilities under the Fire Safety Act 2021, the Building Safety Act 2022 and otherwise, including under the Defective Premises Act 1972.
For further information, please contact any member of the Cladding team.
Overview of Building Safety Issues
Intended to address failings laid bare by Dame Judith Hackitt’s scathing review of building regulations and fire safety, the Building Safety Act 2022 impose extensive changes for the entire life cycle of higher-risk buildings.
Over the course of this blog series, we will explore the sweeping reforms introduced in the Act. From what buildings are subject to the Act’s provisions, understanding the role of the Building Safety Regulator, and investigating the responsibilities of Accountable Persons, to discussing the various ‘gateways’ and examining the cost implications on developers, building owners and residents, we wade through the expanse of information on the new regime being imposed by the complicated and far-reaching Act.
While various parts of the Act are yet to be fully detailed, given the immense impact the legislation has on the industry, the built environment must prepare now for the revolution ahead.