What should I be considering in relation to the Building Safety Act 2022 on the Purchase or Lease of Mixed-Use Buildings?

The Building Safety Act 2022 introduced several measures aimed at enhancing building safety, covering developments from the design and construction phases to ongoing monitoring following the completion of building works.

Mixed-use commercial and residential properties can fall under the scope of the 2022 Act’s regime and are addressed within the standard CPSE enquiries, the property property-specific information supplied by sellers and landlords on a sale or letting of their property.

For buildings classified as “high risk” (those at least 18 metres in height or at least seven storeys, and containing at least two residential units), sellers and landlords must demonstrate their ability to meet several obligations, including:

• Ensuring buildings meet specific safety criteria, such as registering the building with the Building Safety Regulator and obtaining a Building Assessment Certificate where required to demonstrate compliance with the 2022 Act.
• Appointing responsible persons to oversee the building’s safety, including the appointment of a Building Safety Regulator to oversee its construction and a principal accountable person to develop a scheme promoting the safety of its residents.
• Maintaining up-to-date records, including documentation of any breaches, contravention notices, or complaints.

Whilst recent case law has shown the courts’ willingness to push liability back onto the contractors responsible for the original construction failures, it remains crucial for buyers and tenants to obtain appropriate assurances that the above obligations have been met.

The consequences of an incomplete investigation could include incurring substantial additional costs to bring the building into compliance, although measures are in place to restrict landlords’ ability to allocate remediation costs to tenants via service charges.

If you have any questions regarding the interpretation of seller’s and landlord’s standard enquiries, please contact our commercial property team at Palmers. We would be happy to discuss how the 2022 Act applies to your purchase or lease.