How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions
Section 124 of the Building Safety Act allows the First Tier Tribunal to make remediation contribution orders (“RCOs”) where it considers it “just and equitable” to do so....more
As we look ahead to 2025, several key areas within the real estate sector are poised to see an uptick in disputes. This report outlines ten pressing issues that property owners, occupiers, developers and investors should be...more
Case 1: AP Wireless II (UK) Ltd v On Tower UK Ltd - In a landmark judgment, the Upper Tribunal considers the lease/licence distinction, clarifying exclusive possession, term certain and contractual interpretation in the...more
Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest - Events - Case Reports...more
In this article, we discuss the key findings from the UK government’s response to the consultation on its new powers to impose a ‘Building Safety Levy’ (“Levy”) under the Building Safety Act 2022 (“BSA 2022”)....more
1. "Smash & grab" claim + true value claim = one adjudication dispute, or two? A subcontractor resisting enforcement of an adjudication award claimed that the adjudicator had exceeded their jurisdiction....more
It's now been more than four months since the Building Safety Act 2022 (BSA) introduced new requirements that sought to improve the overall safety of high-rise buildings that have some element of residential use. Incepted to...more
Historically, the United Kingdom has lagged behind the likes of Dubai, South Florida, New York, Hong Kong SAR and Singapore in the branded residences space, as us Brits have tended to prefer traditional house living. However,...more
On 17 August 2023, the government published details of the design, construction and occupation regimes which will be introduced for higher-risk buildings, coming into effect on 1 October 2023. Those affected should...more
The registration process for higher-risk buildings opened on 12 April 2023, and anyone responsible for registration must make sure their building has been registered by 1 October 2023, or face a possible fine or imprisonment....more
The government has published the draft Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations. In this Insight, Katharine Tulloch and Corinna Whittle take a closer look at them....more
In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s...more
The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of works to remedy building...more
The Building Safety Act received Royal Assent on 28 April 2022. In this BCLP Insight, Alex Clough, Gareth Stringer, Jeremy Bark and Katharine Tulloch take a look at the structure of the Act and what is known so far about when...more
The House of Lords has concluded its review of the Building Safety Bill. The final set of amendments will now be considered in the House of Commons before the bill is ready to receive royal assent. The changes include new...more
A new requirement for Fire Statements to be submitted with certain planning applications for high rise residential buildings and for the HSE to be consulted on such applications is intended to take effect from 1 August 2021. ...more
The Upper Tribunal has considered for the first time the relationship between the new Electronic Communications Code and the Landlord and Tenant Act 1954, ruling that an operator in occupation under a lease protected by the...more
It has been almost 18 months since the new Electronic Communications Code changed the legal landscape for telecoms operators and land owners. At its core, the Code is a framework for operators to obtain rights to install...more
Some recent changes have been made to the prior approval procedures for these permitted development rights, introduced by Eric Pickles in May last year, to permit the change of use of a building from Class B1(a) office to...more