Recent amendments to the Building Safety Act

The Leasehold and Freehold Reform Act 2024 (LAFRA) has now been brought into force, containing some amendments to the Building Safety Act (BSA) which affect the construction industry. The changes are related to remediation orders and remediation contribution orders, which ensure that relevant defects are remedied quickly by the building owner.

Relevant defects and relevant steps

The BSA defines a “relevant defect” as a building safety risk which ‘arises as a result of anything done (or not done), or anything used (or not used), in connection with relevant works’. Section 114, which came into force on 31 October 2024, added a definition of the “relevant steps” that must be taken by landlords and developers to remedy any defects, thus increasing their responsibility.  The amendments state that relevant steps should have the aim of:

1. preventing or reducing the likelihood of a fire or collapse of the building (or any part of it) occurring as a result of the relevant defect,
2. reducing the severity of any such incident, or
3. preventing or reducing harm to people in or about the building that could result from such an incident.

Remediation order

Introduced under the BSA, remediation orders ‘ensure that essential remediation work required to remedy relevant defects takes place without delay. Regulatory bodies and leaseholders can apply to the First-tier Tribunal for a remediation order to compel a relevant landlord to remedy relevant defects by a specified time.’

The amendments made in Section 115 of LAFRA reflect the new definition of relevant steps in Section 114, giving the First-tier Tribunal (FTT) increased power to order a landlord or management company to take relevant steps. Also, the FTT can enforce a building owner to obtain a report which ascertains any defects and the subsequent works required.  

Remediation contribution orders

A remediation contribution order ensures that tenants of a building do not pay for fixing defects on a building that are the owner’s responsibility. The amendments made in October mean that the FTT are now able to order landlords to cover the costs of taking relevant steps and providing a report. Plus, building owners must now pay for temporary accommodation if residents need to vacate the building (either for health and safety reasons or due to disruptive works).

The impact on construction

These amendments grant leaseholders with enhanced protection, potentially making them more likely to apply to the FTT for remediation orders. Also, the newfound ability to order a landlord to provide a building report could mean that fire safety engineers and surveyors are more involved in remedying of defects; however, limited availability of qualified professionals could become an issue.

Here to help

As building safety continues to be a prevalent topic in the construction industry, it is vital that contractors are doing all they can to mitigate risk, including having the appropriate insurance. Focus can help brokers source relevant cover for their construction clients – just get in touch on 0345 345 4511 or email sales@focus-insurance.com.