Understanding the Building Safety Act 2022 for conveyancers

The Law Society has published a detailed guide aimed at assisting conveyancers in navigating the complexities of the Building Safety Act 2022 (BSA 2022).

This guide is particularly designed for those dealing with residential leasehold conveyancing matters, focusing on transactions involving sellers, buyers, and lenders.

The BSA 2022, known for its complexity, introduces new challenges in residential leasehold transactions, necessitating a thorough understanding of the current legislation and its ongoing amendments.

Key aspects of the new conveyancing guide

The guide offers a broad overview of the BSA 2022, including who is responsible for the costs of remediation in tall buildings with fire safety issues, general criteria for handling BSA 2022 matters, and advice for advising sellers, buyers, and lenders.

It aims to provide conveyancers with high-level advice on handling cases related to the BSA 2022, without delving into the roles of landlords, developers, or contractors involved in external wall system installations.

Legislative changes and their impact on conveyancing

Since its introduction, the BSA 2022 has undergone several amendments to clarify the responsibilities and protect leaseholders from the financial burden of remediation costs.

Notably, the UK Finance Handbook has been updated to specify that its general requirements only apply to properties in a ‘relevant building’.

Additionally, changes have allowed leases enfranchised after 14 February 2022 to benefit from leaseholder protections.

These amendments, along with expected future legislative changes and the development of case law, are crucial for conveyancers to understand and apply in their practice.

Collaboration with the Department for Levelling Up, Housing and Communities

The guide has been developed in collaboration with the Department for Levelling Up, Housing and Communities (DLUHC), featuring supplementary FAQs and illustrations to aid solicitors in practical scenarios.

This collaborative effort reflects the Law Society’s commitment to providing its members with relevant and practical resources in the ever-evolving landscape of building safety legislation.

IFSJ Comment

The introduction of the Building Safety Act 2022 guide by The Law Society is a timely resource for conveyancers, offering clarity and direction in a complex legal area.

This guide underscores the evolving nature of building safety legislation and the importance of staying informed about legal responsibilities and protections for leaseholders.

As the industry continues to navigate these changes, the guide serves as a valuable tool for professionals in ensuring informed decisions and legal compliance in conveyancing matters related to building safety.