Work to escalate safety in the construction industry continues following the approval of the Building Safety Act in 2022 (the Act). Statistics confirm that 3 years on, several thousand residential buildings still have unsafe cladding waiting to be removed.
The wholesale review of building regulation and practice has resulted in a surge of construction claims following the radical overhaul in building safety legislation, with claims capable of extending back some 30 years for works completed as far back as the early 1990s.
New legislation is expected to deal with the challenges encountered by the remediation requirements of the Act. The remedies providing for the removal of unsafe cladding and building safety issues (particularly in high-rise buildings), have resulted in protracted and costly litigation, with complaints the intended safety objectives are being hindered by the delays.
In response to concerns that insufficient progress has been made, the government launched its Remediation Acceleration Plan (December 2024) which set out intentions to expedite the remediation process so that all works are started by the end of 2025 and completed by the end of 2029 for buildings Above 18m (that are in a government funded scheme), with a longer-term strategy for accelerating remediation of social housing properties still to be announced.
Additional enforcement powers are to be given to regulators to deal with failures (both personal and corporate) relating to the removal of unsafe cladding within the specified timeframes. The Developer Remediation Contract is to be enforced together with a potential Building Safety Levy to make developers take responsibility for remediation.
Registration requirements will be increased to include residential buildings taller than 11m, designed to create a complete register of relevant buildings and making identification of those that are unsafe, easier to achieve.
Although delayed, a Building Safety Levy is expected to be introduced in 2026, requiring building developers to pay the cost of remediating defects in pre-existing residential developments by paying a levy prior to being issued with a building control certificate.
Additional Enforcement Powers include a New Construction Products Standard with legislation subsequently anticipated between 2026 and 2028, designed to create a single regulated framework.
Changes have also been introduced to increase Fire Safety Regulations. Since March 2025, increased duties for principal contractors have included enhanced record-keeping and performance requirements. Principal designers are required to sign a declaration that they have complied with their duties, including in relating to the Building Regulations 2010. These measures form part of the building control approval stage and the issue of completion certificates for the project.
If the requirements are met, a Building Assessment Certificate will be issued where an application that has been filed. This is designed to provide transparency over the building’s safety status, any hazards, mitigation, and reassurance to residents.
High-rise and high-risk buildings are required to develop and implement tailored Personal Emergency Evacuation Plans (PEEPs) for vulnerable residents. Mandatory installation of fire sprinkler systems are required in all new care homes, regardless of height. Additionally, the UK has started to phase out the old British fire testing standard BS 476 in favour of the European standard BS EN 13501.
The definition of Higher Risk Building is due to be amended, as recommended by the Grenfell report. Reference only to ‘height’ is no longer satisfactory. More relevant is what the building is used for.
From 30 September 2026, a second staircase will be required in flats above 18m. This requirement must be included in the planning stages of any new buildings.
For further guidance on the requirements of the Building Safety Act, please contact our expert advisory team.
Disclaimer: This blog is for general information purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. Please contact us for specific advice on your circumstances.