Building and fire safety are key issues for anyone involved in the built environment and construction sectors. Following the tragic Grenfell Tower fire, the law governing these areas is developing rapidly, with new legislation and regulations imposing duties and obligations on those involved in the design, construction, development and management of buildings under the new building safety regime.

Burges Salmon’s cross-sector, multi-discipline legal team advises a wide range of clients, including landlords, leaseholder groups, managing agents, developers and insurers, drawing on specialist construction, real estate, insurance and health and safety legal expertise to advise on all aspects of building and fire safety law. 

Our understanding of the complexities and challenges of this developing area of law, and the public policy principles underpinning the new regime, means that our advice is tailored to achieve our clients’ objectives, ensuring compliance with building and safety law. 

Areas of focus

  • Regulatory matters including the application of the Building Safety Act 2022 and related fire safety legislation to property portfolios.
  • Remediation of unsafe buildings including the remediation of defective cladding, life-critical fire-safety defects and other building safety related issues.
  • Health and safety considerations for all stakeholders, including advice on compliance, incident response, investigations and inquests.
  • Landlord and Tenant related issues arising from building or fire safety related issues, responsibility for costs of remediation, and compliance with lease requirements.
  • Negotiation and troubleshooting advice across all areas of building and fire safety related issues on commercial or residential properties.
  • Insurance of buildings or portfolios affected by building and fire safety related issues, including claims under relevant insurance policies.
  • Occupier/Facilities Management advice relating to the occupation and management of buildings pursuant to the Building Safety Act 2022 and associated regulations.
  • Advising on fire safety related inquests.

Advising management company on the negotiation of a funding agreement with the developer of a high-rise residential building to implement the objectives of the Developer’s Pledge and secure remediation of external and internal building safety defects at the property

Advising local authority in relation to a potential cladding and fire protection system defects claim against developer of multiple high-rise buildings and negotiating and agreeing settlement agreement

Advising national landlord on compliance with a building safety regime implemented by the Building Safety Act 2022 and the application of the building safety regime to its extensive property portfolio

Advising operator of a hotel chain in relation to cladding fire safety defect claim against a design and build contractor and legal proceedings in respect of the cost of remediating the defects

Advising student accommodation provider in relation to the resolution of fire safety defects in high-rise accommodation block

Advising leaseholders on the landlord’s application for dispensation from the obligation to consult resulting in the grant of dispensation by the Tribunal subject to numerous conditions such as a full cost indemnity for individual leaseholders

Advising leaseholder association on the landlord’s obligations to carry out work, to include ongoing litigation to obtain a Remediation Order under the Building Safety Act 2022

Assisting local authority in respect of the required legal steps concerning consultation requirements which involves the acquirement of and Order for Dispensation from their statutory obligation to consult the leaseholders in respect of the works required to the external wall system

Advising a large retailer client on its contractual obligations to remedy and/or contribute towards any remediation costs

Regularly advising in relation to civil recovery proceedings under Part 5 of the Proceeds of Crime Act 2002

Advising on a portfolio of £multi-million insurance recovery claims against its PI insurers

Meet the team
James Sutherland

James Sutherland Partner

  • Head of Real Estate Disputes
  • Dispute Resolution
  • Professional Negligence
Richard Adams

Richard Adams Partner

  • Construction and Engineering
  • Construction Disputes
  • Energy and Utilities Disputes
Ann Metherall

Ann Metherall Partner

  • Head of Dispute Resolution
  • Head of Health and Safety
  • Transport
Guy Bastable Corporate Image

Guy Bastable Partner

  • Corporate Crime & Regulatory Investigations
  • Dispute Resolution & Crisis Management
  • Internal Investigations & Corporate/Director Liability
Matthew Walker

Matthew Kaltsas-Walker Partner

  • Dispute Resolution
  • Financial Services
  • Insurance
Headshot of Tom Weld

Tom Weld Director

  • Construction and Engineering
  • Construction Disputes
  • Construction Procurement
Headshot of Claire Logue

Claire Logue Senior Associate

  • Construction and Engineering
  • Construction Adjudication
  • Construction Disputes

Rebecca Lee Senior Associate

  • Real Estate Disputes

What others say...

Burges Salmon have a keen understanding of commercial realities and a fantastic pedigree in this specialist field. They go the extra mile to ensure they deliver a cost effective and efficient solution for clients.

Legal 500 2023

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