At the request of the Local Government Association's Joint Inspection Team, Ranjit Bhose KC and Shomik Datta will tomorrow be presenting to around 200 LGA members at their headquarters at Smith Square, Westminster. Their seminar will cover: • The use of enforcement procedures under the Housing Act 2004 (such as Improvement Notices) to achieve the remedy of cladding and fire safety defects in High Rise Residential Buildings. • Best practice in collation of information and decision-making in relation to these enforcement processes (including consideration of other remedies available under the Building Safety Act 2022). • Appeals to the First-tier Tribunal against enforcement processes under the Housing Act 2004. Ranjit and Shomik are leading specialists in the law of property, and both have specific expertise in the remediation of building defects following BSA 2022. Each is regularly asked to advise or represent local authorities, developers and building owners, in this regard. Ranjit Bhose KC is a highly regarded silk with particular specialisms in local government, public law and judicial review, property, housing, licensing, and commercial law. Learn more about Ranjit here: https://lnkd.in/eUFzEjDq Shomik Datta is a busy property and commercial litigator with over two decades of experience, and a loyal following amongst London local authorities. Find out more about Shomik here: https://lnkd.in/eJ5ZDtYS
Cornerstone Barristers’ Post
More Relevant Posts
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For our latest BSA short article Paul Letman examines the changes the Leasehold and Freehold Reform Act 2024(LFRA) makes to the Building Safety Act 2022. ➡ With the unexpected announcement of the General Election on 22 May 2024, Parliament quickly went into ‘wash up’ mode to save something of the Government’s legislative program. The Leasehold and Freehold Reform Act 2024 (the LFRA) was the last statute to be passed, receiving Royal Assent on 24 May 2024 at 8.32pm (fourteen minutes before Parliament was prorogued); albeit the final form of Act was only first published a few days later (a defect in the system any incoming government might address). ➡ The LFRA both before its enactment and subsequently has received much attention for the major amendments it makes in particular to the Leasehold Reform, Housing and Urban Development Act 1993. But it includes important amendments also to the Building Safety Act 2022 (BSA). Some have yet to be commenced (see section 124) and we await the necessary statutory instrument for this purpose; but it is to be expected that this will follow soon enough when a new government of any hue takes power. So, what does or will it do. You can read the article here: https://lnkd.in/eJwQ5tQy The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Edward Blakeney, Daniel Black, Kavish Shah, Ashpen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022.
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Should There be An Inspector Gadget for Older Strata Buildings Nicole Johnston and Strata Knowledge are both well known #stratatitle sector academics and an independent research, consulting and training firm specialising in all aspects of strata and community title properties. So, it’s always interesting to see and read what they study and write about. Earlier this year @Nicole Johnston presented the latest research paper from Strata Knowledge at the Australian College of Strata Lawyers 2024 Conference called 'Mandatory Inspection Regulations for Ageing Buildings: An Analysis of International Trends'. The paper covers the challenges faced by #strata buildings, strata citizens and regulators over the long term maintenance of those buildings where there are strict obligations under strata laws to do so, serious risk and financial consequences of not doing so, and evidence that many strata buildings are not properly maintaining their buildings. In the paper, Nicole studies how regulators in other locations like Singapore, Hong Kong, California, New Jersey and New York City have created and managed mandatory strata building reporting, inspection and enforcement systems for ongoing building maintenance and repair and says more than a few insightful things. Read more at GoStrata Media via the link in our bio … https://lnkd.in/gi94UEcW
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Interesting discussion of the similarities and differences between remediation orders under the Building Safety Act and the powers local authorities have under the Housing Act 2004. Striking, as Richard Miller notes, that the HA requires consideration of whether a fire is likely, but the BSA requires no such initial consideration: remediation is required if a fire (once started) would spread rapidly enough to endanger life. This was the reality of Grenfell and it’s surely right that it should be the approach taken. #BuildingSafety #RemediationOrders #risk #firesafety
Prior to the coming into force of the Building Safety Act 2022 (“the BSA 2022”), local authorities already had the ability to take enforcement action in respect of residential premises where there was a hazard in relation to fire by virtue of Part I, Chapter I of the Housing Act 2004 (“the HA 2004”). Now, local authorities are among a class of interested persons who may apply for remediation orders under section 123 of the BSA 2022. What does a comparison of the two remedies say about how the First-Tier Tribunal should exercise their discretion in respect of remediation orders? Richard Miller examines this question in the latest of our Building Safety Act short articles "Risk and Harm: Remediation Orders Through the Lens of the Housing Health and Safety Rating System". ➡ Local authorities already had powers to, in effect, require a relevant landlord to remedy relevant defects in a building under the Housing Health and Safety Rating System in Part 1, Chapter 1 of the Housing Act 2004 ➡ The Secretary of State for Housing, Communities and Local Government produced an Addendum to the HHSRS Operating Guidance in November 2018 specifically to address fire hazards in high-rise buildings ➡ Remediation orders are a more flexible remedy that the local authority’s duties and powers under the Housing Act 2004 ➡ Comparison of the two regimes leads to the conclusion that the First-Tier Tribunal should be making remediation orders with flexible liberty to apply clauses and, when deciding on whether to make an order and, if so, what, should be concerned with the risk that a fire spreads and not the chance that a fire begins at all Read the article here: https://lnkd.in/e7TPRuiE The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Edward Blakeney, Daniel Black, Kavish Shah, Ashpen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022. #BuildingSafetyAct2022 #BuildingSafety #FalconChambers #BSAshorts
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Warning: this article is about the Building Safety Act 2022 and may contain traces of light statistical inference. In this article, I compare local authority enforcement under the Housing Act 2004 and remediation orders under section 123 of the Building Safety Act 2022. An interesting observation about the Building Safety Act 2022 and the remediation orders made so far is the lack of an elaborated concept of risk. The principles to be applied on making remediation orders are still in their infancy. I suggest that, with reference to the language of section 123 and a comparison with the Housing Health and Safety Rating System, the focus of the enquiry should be the likelihood of a fire to spread and not the chance that a fire starts at all.
Prior to the coming into force of the Building Safety Act 2022 (“the BSA 2022”), local authorities already had the ability to take enforcement action in respect of residential premises where there was a hazard in relation to fire by virtue of Part I, Chapter I of the Housing Act 2004 (“the HA 2004”). Now, local authorities are among a class of interested persons who may apply for remediation orders under section 123 of the BSA 2022. What does a comparison of the two remedies say about how the First-Tier Tribunal should exercise their discretion in respect of remediation orders? Richard Miller examines this question in the latest of our Building Safety Act short articles "Risk and Harm: Remediation Orders Through the Lens of the Housing Health and Safety Rating System". ➡ Local authorities already had powers to, in effect, require a relevant landlord to remedy relevant defects in a building under the Housing Health and Safety Rating System in Part 1, Chapter 1 of the Housing Act 2004 ➡ The Secretary of State for Housing, Communities and Local Government produced an Addendum to the HHSRS Operating Guidance in November 2018 specifically to address fire hazards in high-rise buildings ➡ Remediation orders are a more flexible remedy that the local authority’s duties and powers under the Housing Act 2004 ➡ Comparison of the two regimes leads to the conclusion that the First-Tier Tribunal should be making remediation orders with flexible liberty to apply clauses and, when deciding on whether to make an order and, if so, what, should be concerned with the risk that a fire spreads and not the chance that a fire begins at all Read the article here: https://lnkd.in/e7TPRuiE The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Edward Blakeney, Daniel Black, Kavish Shah, Ashpen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022. #BuildingSafetyAct2022 #BuildingSafety #FalconChambers #BSAshorts
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Daniel Black considers "Landlord Deed of Certificate” requirements and “qualifying leases” under Sch. 8 of the Building Safety Act 2022. Key takeaways: ➡️ A tenant appears to have a qualifying lease under s.119(2)(d) of the Building Safety Act 2022 (“BSA”) if any of sub-paragraphs (i) – (iii) of the section apply in the circumstances of the case. ➡️ The critical word in the section is “or”. ➡️ 𝘛𝘳𝘪𝘢𝘵𝘩𝘭𝘰𝘯 𝘏𝘰𝘮𝘦𝘴 𝘓𝘓𝘗 𝘷 𝘚𝘵𝘳𝘢𝘵𝘧𝘰𝘳𝘥 𝘝𝘪𝘭𝘭𝘢𝘨𝘦 𝘋𝘦𝘷𝘦𝘭𝘰𝘱𝘮𝘦𝘯𝘵 𝘗𝘢𝘳𝘵𝘯𝘦𝘳𝘴𝘩𝘪𝘱 & 𝘖𝘵𝘩𝘦𝘳𝘴 [2024] UKFTT 26 (PC) not followed. ➡️ Scope for further decisions: two FTT decisions now point in opposite directions. 📑 You can read the article here: https://lnkd.in/eF2FU3k6 The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Guy Fetherstonhaugh KC, Adam Rosenthal KC, Catherine Taskis KC, Paul Letman, Joe Ollech, Camilla Chorfi, Cecily Crampin, Toby Boncey, Tricia Hemans, Julia Petrenko, Edward Blakeney, Daniel Black, Kavish Shah, Ashpen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022. #PropertyLaw #BuildingSafetyAct2022 #BuildingSafety #FalconChambers #BSAshorts
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In our latest post on the 𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠 𝐒𝐚𝐟𝐞𝐭𝐲 𝐀𝐜𝐭 2022 (‘the BSA’) Ashpen Rajah considers the First-tier Tribunal’s decision in 𝐁𝐥𝐨𝐦𝐟𝐢𝐞𝐥𝐝 𝐯 𝐌𝐨𝐧𝐢𝐞𝐫 𝐑𝐨𝐚𝐝 𝐋𝐢𝐦𝐢𝐭𝐞𝐝(Smoke House & Curing House) LON/00BG/HYI/2023/0024. Key takeaways: ➡️ The FtT departed from government guidance in concluding that a rooftop garden was a ‘storey’ and that the building was therefore a higher risk building under Pt 4, BSA 2022. ➡️ The Ministry of Housing, Communities and Local Government is said to be considering this. It is possible that future regulations could be implemented to re-confirm the original position taken in the government guidance. ➡️ The decision also provides a reminder that when making a remediation order, the FtT has no power to specify which materials or contractors the respondent may or may not use. 📑 You can read the article here: https://lnkd.in/ehQCHTJB The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Guy Fetherstonhaugh KC, Adam Rosenthal KC, Catherine Taskis KC, Paul Letman, Joe Ollech, Camilla Chorfi, Cecily Crampin, Toby Boncey, Tricia Hemans, Julia Petrenko, Edward Blakeney, Daniel Black, Kavish Shah, Ashpen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022. #PropertyLaw #BuildingSafetyAct2022 #BuildingSafety #FalconChambers #BSAshorts
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Whether you're a property investor or construction company owner, you'll know that building projects don't always go according to plan. Here are a few examples when an Expert Witness can be called to provide evidence for court cases and tribunals: * Build quality in new property developments * Safety regulation compliance * Landlord and Tenant disputes * Quality of refurbishment or extension Whether you're a claimant or defendant, we have the expertise to help you build your case, read our Expert Witness blog for more details... https://bit.ly/3kig7sd #PropertyExpertWitness #PropertyExpert #PropertyAdvice #QualifiedPropertyExpert #ExpertBuildingSurveyor #BuildingSpecialist #propertysolicitor #propertyevidence #propertydispute
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The Supreme Court has handed down an important decision which effectively restated that Section 104(1) of the Housing Grants, Construction & Regeneration Act 1996 (HGCRA 1996) does not generally apply to collateral warranties. Collateral warranties give third parties contractual rights against contractors should defects arise in respect of the works carried out by them and are very common in the construction industry. #propertylaw #HGCRA1996 #constructioncontract
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In our latest post on the 𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠 𝐒𝐚𝐟𝐞𝐭𝐲 𝐀𝐜𝐭 2022 (‘the BSA’) Toby Boncey considers landlord’s steps related to the disapplication of the presumption of qualifying lease. ➡️ Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate. ➡️ Landlords should be aware of, and be in a position to take steps to comply at short notice with, the requirements. ➡️ If the statutory presumption in para 13(2) is disapplied, it appears that whether a lease is a qualifying lease will be a matter of evidence as to whether the conditions in s.119(2)(d) are satisfied, although there may be scope to argue for an implied statutory counter-presumption. 📑 You can read the article here: https://lnkd.in/eVyyHaz6 The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Guy Fetherstonhaugh KC, Adam Rosenthal KC, Catherine Taskis KC, Paul Letman, Joe Ollech, Camilla Chorfi, Cecily Crampin, Toby Boncey, Tricia Hemans, Julia Petrenko, Edward Blakeney, Daniel Black, Kavish Shah, Ashpen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022. #PropertyLaw #BuildingSafetyAct2022 #BuildingSafety #FalconChambers #BSAshorts
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"Mould is seasonal, but the law is not." 🏠⚖️ As winter settles in, our expert witness team at Paterson Associates is seeing an increase in housing disrepair cases directly linked to cold, damp conditions. ❄️ Winter amplifies existing property issues: Condensation increases dramatically Poor ventilation becomes more apparent Heating challenges expose structural weaknesses While summer might have masked underlying problems, winter brings them into sharp focus. The cold, humid conditions create perfect environments for mould growth and highlight long-standing property maintenance failures. Our expert witness surveyors are seeing a significant rise in cases where: Inadequate heating systems Poor insulation Unresolved damp issues Blocked ventilation These factors compound during winter months, creating severe health and habitability concerns for tenants. At Paterson Associates, we don't just report - we provide comprehensive evidence that stands up in legal proceedings, ensuring tenants' rights are protected and landlords are held accountable. Need expert witness support for a housing disrepair case this winter? Our MRICS and FRICS Chartered Surveyors are ready to help. Paterson Associates - Chartered as Standard. https://lnkd.in/grgCqQ3r #surveying #expertwitness #rics #law #legal
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