Building Safety

A leading voice in building and fire safety law…

We act for many large landlord clients in advising on their rights and remedies when faced with urgent issues of building safety.

Irrespective of whether it is residential, mixed use or commercial, our expertise is particularly focused on providing practical guidance on fire safety matters. We advise on the costs and charging of cladding replacement schemes, the adequacy of fire doors, compartmentation and latent structural defects. We can also identify the routes of recovery, potential liabilities and implications for insurance.

With a proven track record of success, we regularly represent landlords and management companies in the Tribunal system to determine the reasonableness and payability of fire safety works, including any necessary dispensation applications. We also regularly assess new-build warranties and insurance contracts in order to consider whether any liability is owed elsewhere.

Many cases involve applications to the First-tier Tribunal (Property Chamber) to approve budgets including requisite fire safety works. We are also experienced in dealing with responses to Enforcement Notices, Improvement Notices and all enforcement action that may be served by a competent authority, regularly advising on such issues and any appeals.

We regularly act for Landlords, Management Companies, Asset Managers and Local Authorities. We can also offer specialised support if you’re seeking expertise in building and fire safety beyond standard construction law.

Our specialisms include:

  • First-tier Tribunal applications to determine liability of who has to pay for interim and long-term fire safety works under s27A of the Landlord & Tenant Act 1985
  • First-tier Tribunal applications for dispensation under S20ZA of the Landlord & Tenant Act 1985 where interim fire safety works are urgent
  • Advice on the implications for existing and renewed insurance policies, including determining the reasonableness increased premiums, terms and conditions or the revised terms attached to new policies.
  • Advice on recoverability of fire safety works and associated professional’s fees via leases and other contractual arrangements
  • Advice on whether recourse exists against a building’s insurer or a new-build warranty provider
  • Analysing contracts and warranties from developers and contractors in order to determine liability as to the costs of fire safety works
  • Appeals on fire-safety cases to the Upper Tribunal and Court of Appeal
  • Reviewing First-tier Tribunal and Upper Tribunal decisions to advise as to whether any possibilities or rights of appeal exist
  • First-tier Tribunal applications to approve interim budgets incorporating fire safety works
  • Access to Neighbouring Land Applications where access is needed to effect necessary works
  • Negotiation of licences
  • Outsourcing the legal aspects of dealing with a competent authority over fire safety
  • Responding to Enforcement Notices
  • Responding to Improvement Notices
  • Advising landlords on the legal impact of fire safety issues and block insurance

Our building safety experts regularly provide insight, comment and analysis on building safety matters in leading property media titles. Visit our news section here, or follow the links below to find articles relating to the Building Safety Fund, The Fire Safety Act, the Building Safety Bill and more.