Chancery Lane issues guide for conveyancers on Building Safety Act

The Law Society of England and Wales has published a guide for conveyancers on the Building Safety Act 2022.

The guide, issued yesterday (14 February), provides background on how the Building Safety Act (BSA) 2022 operates and provides “high-level advice” on acting in BSA 2022-related cases.

The Law Society noted it is primarily for those acting in residential leasehold conveyancing matters in relation to individual properties. It focuses on acting for a seller and acting for both a buyer and a lender.

The BSA 2022 was introduced in the wake of safety concerns for occupants of high-rise buildings after the 2017 Grenfell Tower tragedy. The Act gave local authorities further powers to take enforcement action against violations of building regulations.

The Law Society said: “When the BSA 2022 was first introduced, some firms decided not to take on matters involving affected properties because of the responsibility it appeared to place on them resulting from the novelty, complexity and lack of clarity in the legislation.”

It warned that the legislation is “complex”, with new primary and secondary legislation yet to come and ongoing amendments to the existing legislation.

The Law Society revealed it has worked with the Department for Levelling Up, Housing and Communities to provide supplementary frequently asked questions (FAQs) and illustrations of some situations solicitors may encounter in practice.

Law Society president Nick Emmerson said: “Our guide will help solicitors make sense of the improvements to the legislation that have been made since it was first introduced. It will also provide solicitors with necessary information to make informed decisions about taking on residential leasehold conveyancing matters where the BSA 2022 applies.”

Lottie Winson