The Building Safety Act has a profound effect as it establishes and extends criminal liability in relation to the construction process, making it easier to file building safety claims and harder to defend against them.

Liability will extend to individuals within corporate bodies under certain circumstances, such as when there is a breach of the Building Regulations or an offence under the Building Safety Act.

Building Liability Orders will prevent developers from escaping civil claims for safety defects by hiding behind complex legal structures or subsidiary companies.

Liability periods are also being extended under the Defective Premises Act 1972 and The Building Act 1984, making it easier to claim for defects identified much later.

There have already been three significant claims made under the Building Safety Act, including the huge case that is ‘Martlet v Mulalley’.

To mitigate risks, the following essential steps should be taken:

Safer Sphere can provide a range of services to help discharge duties under the Building Safety Act. For more information, please contact graham.king@safersphere.co.uk.