The Building Safety Act 2022 – The Law Society update for members

Posted on28 July 2023

The Building Safety Act 2022 was introduced in the wake of safety concerns for occupants of high-rise buildings after the 2017 Grenfell Tower tragedy. The legislation is intended to improve the design, construction and management of higher-risk buildings. It came into force from 1 April 2023. The legislation sits alongside other measures introduced in response to the Grenfell Tower inquiry, including: the Fire Safety Act 2021; valuation guidance for higher-risk buildings and changes and potential changes to the UK Finance Mortgage Lenders’ Handbook and the Building Societies Association Mortgage Instructions.

We understand why this new legislation and these changes have been causing some confusion and difficulties in the home buying and selling market, and that the complex implications of the legislation and the potential requirements it places on solicitors are significant. We have been listening to the concerns members have raised with us and our Conveyancing and Land Law Committee, which is made up of solicitors specialising in residential and commercial conveyancing practice. We share many of the concerns raised, including:

obligations in Part 1 and Part 2 of the UK Finance Handbook and the expectation for conveyancers to take on additional risks
expectations for solicitors to explain complex requirements from the legislation to lender and lay clients, which may fall outside their current expertise
possible implications for professional indemnity insurance (PII) availability and cost
referring clients to suitably qualified persons (if they can be found) will add expense and delays to the process
buyers' solicitors cannot verify sellers’ claims that leases qualify for leasehold protection – for example, they cannot check whether a leaseholder qualifies because they cannot check how many properties the seller or the previous seller held as at 14 February 2022

The Law Society are in regular contact with the Department of Levelling Up, Housing and Communities (DLUHC), PII brokers and insurers, regulators and UK Finance to make sure your concerns are understood. We want to ensure that Law Society members are not exposed to unnecessary risk and to see that the legislation is amended to clarify the provisions which concern members.

To best inform the Law Society's ongoing discussions, they are asking conveyancers to share their experiences with the Building Safety Act. The form to provide this information can be found under ‘get in touch’ on our webpage – please do share this with your relevant committees and with your wider membership for their input, where appropriate.

Burges Salmon has been an enthusiastic supporter of BLS for many years. BLS provides a valuable role in uniting and promoting the whole of the legal sector across Bristol to benefit both its members and the city. It facilitates collaboration across the sector to ensure that we can all make a difference. Whether that is driving important initiatives in, for example, Equality, Diversity and Inclusion and the use of new technologies, liaising with stakeholders and charities in our wider community or providing training to generations of lawyers, the service and support provided by BLS is invaluable. More recently BLS has taken a lead on promoting Bristol’s legal brand, encouraging legal and business services talent to come to the city, which in turn attracts clients and inward investment to our thriving and vibrant commercial community. BLS breaks down barriers and brings those in the profession together for the greater good. We are proud of our long-standing association with BLS.
Roger Bull - Managing Partner, Burges Salmon
Three things to say about my experience of working with Bristol Law Society. Their central team, council members and general hangers-on are just about the nicest, most generous group of people working in the legal sector today. The numerous events, awards, socials and conferences I’ve had the pleasure to attend over the years have been, without exception, top quality and supremely organised. And, thirdly, they consistently exceed and challenge the boundaries of what lawyers might assume a regional Law Society will restrict activities to – from a hugely successful charitable school meals drive to corporate social responsibility and diversity campaigns to being joint architects and coordinators of the region’s unique Bristol+BathLegalTech group, which it has been my privilege to co-chair for the last five years.
Chris Bull - Principal, Edge International
As one of the leading Insurance brokers for law firms in the UK and with a large presence in Bristol it seemed only natural for us to support the Bristol Law Society. Bristol Law Society is one of the oldest and most vibrant of the Law Societies in England and Wales. We are pleased to be working with them on important matters relating to law firms’ liability insurances and Risk Management. From Sole Practitioner to Top 20 law firms we are sure our two organisations can provide excellent support and assistance for the challenges faced by the legal profession.
Matthew Baker - Financial Lines Group, Howden Insurance Brokers Ltd
Joining BLS in 2013 and becoming President in 2018/19 has created many longstanding friendships and business relationships, whilst also unlocking doors to other opportunities in the City. BLS enabled a perfect balance of professional development and also opportunities to give back to the legal and wider community. I am pleased that my Firm has supported BLS in many capacities since 2013 and continues to do so.
Nicholas Lee- Managing Director of Paragon Costs Solutions and Past President of BLS