Fire Safety and Cladding | Andrew Parker, Dan Cudlipp, Sarah Heatley - a podcast by Forsters LLP

Podcast host, Miri Stickland, talks to Construction partner Andrew Parker, associate Dan Cudlipp and Property Litigation associate Sarah Heatley, about the findings and recommendations so far from the ongoing Grenfell inquiry, new legislation coming forward in the form of the Building Safety Bill, practical issues being encountered on sales and refinancings of high-rise residential units and what options may be available to cover the costs of any remediation works required.

“Phase 2 of the Grenfell Inquiry is going to be particularly important for the construction industry by shining a light on how materials are tested, what design choices should be made and identifying where there are flaws in the current regulations.”

“The Building Safety Bill will be a significant piece of statutory reform, with the current legislation no longer fit for purpose, especially in respect of residential occupants. Leaseholders and occupants of residential blocks are the primary focus of the Bill, which introduces the new role of an Accountable Person, clarifies that cladding and wall systems do form part of the common parts of the building and introduces a new category of service charge with the concept of building safety charges. Overall, the Bill makes it much clearer as to what owners need to do to keep residents safe and easier for occupiers to compel owners to investigate and fix cladding.”

“Sometimes there is no obvious recourse for cost recovery from third parties and there are areas which the Government funding doesn’t cover, for example, where a waking watch is required to be put in place to ensure residents’ safety. Building owners will need to think carefully about whether these costs are recoverable from leaseholders and be mindful of the residential service charge consultation requirements.”

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