ao link
Twitter
Facebook
Linked In
Twitter
Facebook
Linked In

You are viewing 1 of your 1 free articles

Hundreds of dangerous buildings to miss out on chance to sue developer after building safety changes

At least 236 buildings will not benefit from new legislation aimed at dealing with the building safety crisis that emerged in the wake of the Grenfell Tower fire.

Linked InTwitterFacebookeCard
Hundreds of leaseholders live in buildings that are too old to bring legal action (picture: Getty)
Hundreds of leaseholders live in buildings that are too old to bring legal action (picture: Getty)
Sharelines

At least 236 buildings will not benefit from new legislation aimed at dealing with the building safety crisis that emerged in the wake of the Grenfell Tower fire #UKhousing

New legislation in the Building Safety Bill, being published today, will extend the period in which leaseholders can bring legal action against developers, from six to 15 years.

But the legislation, which Robert Jenrick, the housing secretary, said will “put new cards in the hands of leaseholders”, will fail to help hundreds of buildings across the country that are dealing with fire safety issues.

A snap survey by the UK Cladding Action Group (UKCAG) found that 236 buildings will not benefit from this new policy, as they were built more than 15 years ago and will therefore be outside the limitation. The 15 years will begin from the time the legislation is introduced, so will mean if the Building Safety Bill is made law in 2025, buildings built before 2010 will not qualify.


READ MORE

Forcing leaseholders to pay for cladding costs under Building Safety Bill an ‘abdication of responsibility’, say MPsForcing leaseholders to pay for cladding costs under Building Safety Bill an ‘abdication of responsibility’, say MPs
Government extends time limit for leaseholders to sue developers over building safety defectsGovernment extends time limit for leaseholders to sue developers over building safety defects
How the Building Safety Bill will change service charges relating to fire safetyHow the Building Safety Bill will change service charges relating to fire safety
What is in the government’s Building Safety Bill? Seven key takeawaysWhat is in the government’s Building Safety Bill? Seven key takeaways

The findings of the survey, which is still open to leaseholders, found that 15 buildings were built fewer than six years ago and are therefore covered under existing legislation. A further 79 buildings may benefit, but the “vast majority” are sceptical about their ability to mount a legal challenge.

According to UKCAG, leaseholders are sceptical about the likelihood of legal action for the following reasons:

  • Lack of funding to carry out expensive litigation against large developers
  • Buildings were constructed to standards at the time, and remediation is now required only as a result of government changing guidance retrospectively – so there is no recourse for shoddy work against which to claim from a developer
  • Inability to show that the building was not built to regulations, as most of the documentation and information from the time of planning, build, and sign-off are not available or lost

The Building Safety Bill, being presented to parliament today, will also establish a new Building Safety Regulator and require developers to join and remain members of the New Homes Ombudsman scheme.

The bill, first drafted last summer, was born out of the the post-Grenfell Hackitt Review of building regulations and fire safety.

It will also ensure there are “clearly identified” people responsible for safety during the design, build and occupation of a high-rise residential building.

The draft bill outlined a requirement for every high-rise building in the country to have a designated building safety manager.

A Ministry of Housing, Communities and Local Government spokesperson said they do not recognise UKCAG’s figures.

They added: “Our new measures mark the biggest improvements to the regulation of building safety in 40 years and will bring more rights, powers and protections for residents and homeowners, strengthen the regulation of housing standards and make homes safer across the country.”

 

Update at 11:35am, 06.07.21: story edited to include MHCLG response

Sign up for our fire safety newsletter

Sign up for our fire safety newsletter
Linked InTwitterFacebookeCard
Add New Comment
You must be logged in to comment.