What is the Building Services Act?
The Building Services Act in the United Kingdom, refers to legislation that governs: building safety, competence standards, and the regulation of professionals involved in construction and maintenance of buildings. The Building Safety Act 2022, was enacted following the Grenfell Tower tragedy to radically overhaul building safety in England.
Key Aims of the Act
1. To improve Building Safety. Focusing especially on higher-risk buildings (typically over 11 meters or 5 storeys).
2. To introduce accountability. Clearly defining legal duties for those responsible for designing, building, and managing safe buildings.
3. To establish a New Regulator. The ‘Building Safety Regulator’ (part of the HSE) was created to oversee compliance, enforcement, and guidance.
4. To empower Residents. The act gives residents more rights and protections when it comes to building safety issues.
5. To enforce competence, Professionals and organisations working on high-risk buildings must meet competency requirements.
Core Provisions
Area Summary
Accountable Person : A named individual or organisation responsible for managing building risks.
Golden Thread of Info: Digital record-keeping of safety information through the building’s lifecycle.
Gateway Process 3-point approval system throughout design and construction phases.
Residents’ Engagement : Duty to involve residents in safety decisions and provide clear information.
Remediation Costs: Leaseholder protections and caps on what they must pay for unsafe cladding.
Timeline and Implementation
The Act received Royal Assent in April 2022, but many of its provisions have been phased in over time. New duties and powers continue to be enforced as secondary legislation is introduced.
Key Impacts on Conveyancing Solicitors
1. Conveyancers have a ‘Duty to Disclose Building Safety Risks’
Conveyancers now need to investigate and disclose whether a property (especially in high-rise buildings) falls within scope of the Act.
This includes checking for issues like unsafe cladding, remediation notices, or building safety charges, that could affect a buyer.
2. Leaseholder Protections
The Act introduced significant protections for leaseholders against unfair remediation costs.
Conveyancers must review and explain lease terms, determine whether the client qualifies as a “qualifying leaseholder”, and clarify how much liability (if any) exists.
3. Certificate Checks
There are new documents like the Landlord’s Certificate and Leaseholder’s Deed of Certificate, required when buying or selling affected flats.
Conveyancers must ensure these certificates are provided in time and correctly completed.
4. Building Safety Charges & Service Charges
Conveyancers must help buyers understand the scope and potential costs of safety-related charges that may be added to service charges.
This includes being aware of the Building Safety Fund, developer pledges, and other government remediation schemes.
5.Due Diligence and Enquiries
Enhanced enquiries during the conveyancing process are necessary.Enquiries to managing agents or landlords may include questions about:
– External wall system (EWS1)
– Remediation plans and funding
– Status under the Act (whether it’s a “higher-risk building”)
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Many solicitors and licensed conveyancers are now charging additional supplements for dealing with properties that are affected by BSA. Others will not deal with leasehold flats affected by BSA because of the huge amount of additional work and the potential for a negligence claim.