Sections 116 – 125 and Schedule 8, whereby qualifying leaseholders of buildings above 11metres or 5 storeys may pursue claims for remediation of certain defects causing a building safety risk of fire or building collapse.
Section 134 which incorporates a new section 2A (Duties relating to work to dwellings etc) into the Defective Premises Act 1972, to broaden the Act’s application to refurbishment or rectification works to a dwelling carried out by contractors.
Section 135 which incorporates a new section 4B into the Limitation Act 1980, creating special time limits for pursuing claims in respect of damage or defects in buildings.
Section 146 and Schedule 11 which sets out the statutory framework for the new construction products regulations, to apply to all construction products, not just those to higher-risk or residential buildings.
Sections 147 to 155, making manufacturers liable to those with a legal or equitable interest in dwellings for defective construction products and where such products have caused the dwelling to be unfit for habitation.
Sections 157 to 159, amending the Architects Act 1997, giving the Architects Registration Board new powers to monitor architect’s competence through a new competence system (CPD scheme) and ultimately giving the ARB rights to reprimand, fine, suspend or strike off architects failing to meet the standard.
By virtue of The Building Safety Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022, Section 132 of the 2022 Act came into force on 28 June 2022, allowing certain persons to seek a court order for disclosure of information to establish which companies may be associated with the original companies responsible for the works; to potentially go on to seek a Building Liability Order against those associated companies where it is just and equitable to do so.
