Fire & Building Safety of Apartment Blocks - A Guide for Residential Conveyancers & Property Managers

Introduction

The Grenfell Tower tragedy led to calls for a complete overhaul of the law regulating the safety of high-rise residential buildings.

We now have a clearer idea as to what the new laws will entail, but this remains a fast-moving area of law and practice.

This in-person seminar will consider the latest developments affecting apartment buildings. It is aimed at professionals involved in the sale and purchase of apartments and the management of high-rise blocks.

As there are usually regular developments in this area of the law, the content is liable to change (e.g. as and when the government announces new reform measures).

This seminar will provide the latest information at the time.

What You Will Learn

This course will cover the following:

• An overview of major elements of the Fire Safety Act 2021 and Building Safety Act 2022
• Flammable cladding: paying for its removal and the new External Wall System 1 valuation system
• Liability for non-cladding remediation and interim fire safety measures (e.g. waking watches)
• What leaseholder protections have been introduced and which lessees are non-qualifying leaseholders?
• What is meant by self-remediation by a developer?
• Has the option of seeking funding from the government been pursued?
• Onerous Lender Part 2 requirements and the conveyancer’s retainer
• The planned regime for building safety service charges in higher-risk buildings
• Who ultimately determines if a building safety service charge is payable by the leaseholders?
• How is a building’s height determined?
• Leaseholder deeds of certificate and when they are required
• The function of Landlords’ certificates and when they must be provided
• Have the safety risks to low-rise apartment blocks been disregarded?
• The likely role of building safety directors
• Key changes to the Building Regulations
• New competence, transparency and accountability standards in the building control profession
• New duties on the design and construction of an apartment block, including pre-occupation requirements
• New system of dutyholders who will be responsible for the safety of high-rise residential buildings
• The function of the Building Safety Regulator
• The vital function of Building Assessment Certificates
• The new standards for fire risk assessments — Remedial works recommended by the FRA: next steps - Differing levels of assessment
• New fire risk prioritisation guidance and regulations that apply in England
• The importance of fire doors
• Fire insurance claims — Can a claim be made on NHBC’s warranty?
• Fire safety hazards in HMOs
• The risks of structural failure and of malfunctioning lifts
• What enforcement action can be taken by a public authority?
• Changes to limitation periods under the Defective Premises Act