عمارت کی حفاظت کا قانون
گرینفیل کے بعد اصلاحات، عمارت کی حفاظت ایکٹ 2022 اور کلیڈنگ مرمت۔
تعارف
Building safety law was transformed following the Grenfell Tower fire (2017). The Building Safety Act 2022 created a new regulatory regime for higher-risk buildings. The Building Safety Regulator oversees design, construction, and occupation. Leaseholders gained protections from remediation costs.
In Brief
The Building Safety Act 2022 created a new regime for higher-risk buildings (18m+ or 7+ storeys) following Grenfell. The Building Safety Regulator (part of the HSE) acts as building control authority for these buildings. Each must have an Accountable Person responsible for safety and a 'golden thread' digital record. Qualifying leaseholders are protected from historical remediation costs. Claims under the Defective Premises Act 1972 have been extended to 30 years retrospectively.
بنیادی اصول
Building Safety Regulator — Acts as building control authority for higher-risk buildings (18m+ or 7+ storeys).
Accountable Person — Each higher-risk building must have one, responsible for managing safety risks.
Golden Thread — Digital record of building safety information throughout the building's lifecycle.
Leaseholder Protections — Qualifying leaseholders protected from historical fire safety remediation costs.
Extended Limitation — Claims under the Defective Premises Act 1972 extended to 30 years retrospectively.
اہم قوانین
Building Safety Act 2022
Fire Safety Act 2021
اہم مقدمات
Martlet Homes v Mulalley
[2022] EWHC 1813
Rendlesham Estates v Barr
[2014] EWHC 3968
عام حالات
Leaseholder in building with unsafe cladding
Under BSA 2022, qualifying leaseholders are protected from remediation costs. Developers and building owners may be required to pay through Remediation Orders and Building Liability Orders.
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Frequently Asked Questions
What protections do leaseholders have under the Building Safety Act 2022?
The Building Safety Act 2022 protects qualifying leaseholders (those owning a leasehold in a building above 11 metres or 5 storeys where the lease was owned before 14 February 2022) from liability for historical building safety remediation costs. Developers, building owners, and landlords with assets above a threshold must meet these costs instead. Leaseholders can also bring claims against developers under extended limitation periods.
What is the Building Safety Regulator?
The Building Safety Regulator (BSR), operating as part of the Health and Safety Executive, is the new regulatory body for higher-risk buildings (18m+ or 7+ storeys with 2+ residential units). It acts as the building control authority for these buildings, oversees their safety during occupation, and maintains a register of occupied higher-risk buildings. Each building must have an Accountable Person responsible for safety.
What is the 'golden thread' requirement under the Building Safety Act?
The 'golden thread' is a digital record of all information about a higher-risk building that needs to be created during design and construction and maintained throughout the building's occupation. It enables the Accountable Person and Building Safety Regulator to understand the building, its safety risks, and the measures in place. The golden thread must be passed on if ownership or management of the building changes.
Can I claim against a building developer for fire safety defects?
The Building Safety Act 2022 extended the limitation period under the Defective Premises Act 1972 to 30 years for claims against those who built or worked on residential buildings (retrospectively). This means leaseholders and freeholders can potentially sue developers, builders, architects, and others for defective work even if it was completed many years ago, subject to demonstrating the dwelling was not fit for habitation.
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