Building Safety Act 2022: What It Means for Your Property Transaction

The Building Safety Act 2022 was introduced to improve the safety of residential buildings in the wake of the Grenfell Tower tragedy. While its intentions are vital and commendable, the Act has introduced significant complexity and legal uncertainty into the conveyancing process particularly for leasehold properties in high-rise buildings.

What has Changed?

The Act places new responsibilities on building owners and developers to address safety defects, particularly in buildings over 11 metres or five storeys. It also introduces protections for qualifying leaseholders, shifting the financial burden of remediation works away from residents in many cases.

However, the legislation also requires extensive documentation, including:

• Landlord Certificates
• Leaseholder Deeds of Certificate
• Confirmation of compliance with safety regulations

These documents are now essential for progressing a sale or purchase, and their absence or uncertainty around their interpretation can delay or derail transactions.

Why the BSA Affects Conveyancing

The Act has created new legal risks for conveyancers. Solicitors are now expected to:

• Interpret complex and evolving legislation
• Confirm compliance with safety obligations
• Advise on potential future liabilities for buyers

Unfortunately, the lack of clarity in the legislation and the expectation of legal assurances particularly from mortgage lenders has made it increasingly difficult for law firms to act with confidence in these transactions

Why We Cannot Assist on Properties Affected by the BSA

At David Gray Solicitors LLP, we are committed to providing clear, reliable, and risk-managed legal advice. Due to the ongoing uncertainty and professional risks associated with the Building Safety Act, we have taken the decision not to act on transactions involving properties affected by this legislation at this time.

This includes:

• Leasehold flats in buildings over 11 metres or five storeys
• Properties requiring Building Safety Act documentation
• Transactions where lender requirements exceed current legal clarity

We understand this may be disappointing, especially for buyers navigating their first property purchase. However, this decision reflects our duty to act in your best interests and to avoid exposing clients to unresolved legal risks.

What You Can Do

If your transaction is affected by the Building Safety Act:

• Request all relevant certificates from the seller or managing agent early
• Speak to your mortgage broker about lender requirements
• Seek a specialist firm with dedicated experience in Building Safety Act compliance

We recommend checking the Law Society’s guidance for more information.

If you have any questions about your property transaction or would like to discuss alternative options, our team is here to help guide you call on 0191 232 9547.