UK building safety regulators ‘unafraid’ to use new enforcement powers

Health and safety law expert Katherine Metcalfe of Pinsent Masons said: “Any building owners who are yet to undertake required remediation work should endeavour to bring their buildings into compliance by next Spring at the latest or face consequences from the regulators.”

It comes after the Department for Levelling Up, Housing and Communities (DLUHC), the Building Safety Regulator (BSR), the Local Government Association and the National Fire Chiefs Council penned a joint regulatory statement on remediation enforcement late last month.

The statement warned building owners that they must undertake remediation work or face enforcement action. Using the legal powers provided by the 2022 Building Safety Act, regulators will start enforcing building safety in residential buildings above 18 metres or seven storeys if they do not comply with their legal duties from spring 2024.

“This statement is a clear signal that the new Building Safety Regulator will be a regulator with teeth - they will not be afraid to use their new enforcement powers,” Metcalfe said.

The regulators’ warning came as DLUHC published a new code of practice for the remediation of residential buildings. The code sets out the government’s expectations of those undertaking and managing remediation projects and how they should take account of the needs of residents. It said all residents should be meaningfully engaged prior to remediation works beginning – and should be made aware of the likely impacts of the works on their lives.

According to the code, residents should be told what to expect from those responsible for delivering the project and where to go when they have questions or issues arise that require resolution. Projects will also have to ensure that they are able to demonstrate full compliance with the code during the lifetime of the project.

Hannah Frost of Pinsent Masons said: “The publication of the code further shows that policy makers clearly intend to those involved in remediation projects to account for their conduct during remediation works on residential buildings and are committed to ensuring residents are given more protection during any such works.”

She added: “A failure to demonstrate compliance with the new code could contribute to a decision to bring enforcement action under existing regulatory requirements. Those carrying out remedial works should factor in the requirements of the code to any ongoing or upcoming remediation projects and keep resident welfare and involvement at the heart of any such projects.”

Metcalfe said that the result of a special investigation by the Housing Ombudsman provided additional evidence of the “fresh appetite of regulators” to use the new powers afforded to them. The Ombudsman, which deals with complaints regarding social housing landlords, launched a special investigation after receiving more than 100 complaints about the same landlord from tenants across the UK.

The Ombudsman found that the landlord left many of its properties in disrepair and mishandled service charges. It ordered the landlord to pay nearly £150,000 in compensation and issue individual apologies to affected tenants.

Metcalfe said the decision showed how regulators increasingly respond to resident complaints with enforcement action against landlords. “It also emphasises and highlights the focus on resident experience as part of the Building Safety Act, and residential developers should get familiar with the New Homes Ombudsman, its remit and its powers, and treat all resident complaints appropriately.”

A panel of Pinsent Masons experts will discuss the changes to the building safety regime at a webinar on 13 September - register now.