Many developers and investors buy the shares in a company rather than the asset for tax reasons. However, if the works were completed before 28 June 2022 and if the building is 7m or 5 stories, and contains more than 2 dwellings, investors should think again. If the shares are bought, then all the liabilities including being …
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Interestingly, the government did not agree with the decision of the First Tier Tribunal on whether to measure a rooftop garden as a storey in a Higher Risk Building. The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 explains that when you measure the height of a building from ground level to the top of …
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A client must keep a record of all controlled changes in a Higher Risk Building (HRB). A controlled change can be a recordable change or a notifiable change or a major change. This post is about recordable changes which is defined as not a notifiable change or a major change. Where an agreed document (accepted …
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A Construction Control Plan is a document that must be submitted with the application for Building Control Approval for a Higher Risk Building (HRB). A change to a Construction Control Plan is deemed a notifiable change. The Construction Control Plan must set out the strategies, policies and procedures the client has adopted for planning, managing …
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A Higher Risk Building cannot be occupied until a completion certificate is issued by the Building Safety Regulator. The Building Safety Regulator has 8 weeks from the date of receipt of the application for the certificate to grant it. A longer period can be agreed upon. If there is a delay in granting the certificate …
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Building has become a serious business. Individuals can now be liable for contraventions of building regulations. If the body corporate under the Building Act 1984 commits an offence under that Act then new section 112A provides that if the offence was committed with the consent or connivance of any director, partner, member, manager, secretary or …
The Building Safety Act introduced the sanctions for failure to comply with building regulations which include if tried in a Magistrate’s Court, imprisonment not exceeding 12 months and/or an unlimited fine. If tried in the Crown Court, imprisonment not exceeding 2 years and/or an unlimited fine. In addition, there is a further £200 per day …
The client has certain duties under building regulations concerning building works, particularly when the works are domestic, meaning not done in connection with a business. The domestic client must appoint a principal contractor and a principal designer under the building regulations. If the domestic client fails to do so, the designer in control of the …
This note applies to building works in connection with a business. It applies to all building works, whether commercial or residential, large or small. The client has certain duties under building regulations in relation to building works. Who is the client? The client is the person who has control over the building works. There is …
Every construction project needs to have a Building Regulations principal contractor. This applies to most works (with very limited exceptions). It includes commercial and residential projects, no matter the size, height, or complexity. The principal contractor is responsible for planning, managing, and monitoring the construction to ensure it complies with building regulations. It is the …