Building Safety Act Guide

building safety act, conveyancers, law society

The Law Society has published a guide entitled “Building Safety Act 2022: a guide for conveyancers” designed to assist those solicitors dealing with flat sales and purchases in understanding the implications for them of the complexity of the Building Safety Act 2022 (BSA 2022). The act came about following the Grenfell Tower disaster of 2017 and was instrumental in introducing new building safety requirements for certain residential buildings – including covering who should be responsible for any remedial work.

The Law Society has stated that the guide is primarily for those acting in residential leasehold conveyancing matters in relation to individual properties for seller, buyer and lender.  The society accepts that the BSA 2022 legislation is complex, with new primary and secondary legislation yet to come and ongoing amendments to the existing legislation. The guide aims to provide a background on how the BSA 2022 operates and provides high-level advice on acting in BSA 2022-related cases.  It does not address matters involving acting for landlords, developers, cladding manufacturers, contractors who fitted these external wall systems or others.

This guide contains information relating to:

  • responsibility to pay for the remediation of tall buildings affected by fire safety issues,
  • general criteria for working on BSA 2022 matters,
  • establishing if a building is in scope,
  • advising sellers,
  • advising buyers and lenders,
  • leaseholder-owned blocks, and
  • the position in Wales – this guide mainly applies to the position in England.

There are also links to government guidance and materials as well as a glossary of key terms and definitions, building safety scenarios and frequently asked questions.

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