Business : Legal News

New-build market grinds to a halt as EWS1 argument continues to rage

The latest research by Birmingham and Newcastle-based property developer, StripeHomes, has revealed that new-build house prices boomed by as much as 20% across parts of England during the first half of this year, but transaction levels have ground to a halt as EWS1 requirements continue to prove problematic. StripeHomes analysed

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Workplace Injuries: What To Do And How To Protect Your Rights

The common workplace injuries and accidents include cuts, lacerations, slips, falls, trips, crashes, collisions, inhaling toxic fumes, loud noise exposure, and being hit by tools, construction materials, and other falling objects. The extent of injury greatly affects recovery time. There are also other consequences such as lost wages or the

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Central register launched for building safety managers

A new central register and a certification scheme have been launched for building safety managers following the final report and proposals for Working Group 8 – part of the industry response group tasked with developing a new framework of competence for the new Building Safety Manager role (part of the

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Should You Hire a Lawyer After Suffering a Construction Accident

Construction site accidents are very common and can range from minor to fatal. The BLS estimated that around 150,000 construction accidents happen every year in the United States. Insurance should cover you in most instances, but there are cases when things are a bit complicated. You might soon realize that

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Building Safety Bill: initial NHF response

The long-awaited Building Safety Bill, published on Monday 5 July, sets out the legislation for the new building safety regulatory regime to ensure the safety of people and their homes. The Bill introduces significant changes to building safety regulation, as recommended by Dame Judith Hackitt in her Independent Review of Building Regulations and Fire Safety, and introduces the new Building Safety Regulator to oversee the

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Building Safety Bill & more

The end of July marked the second reading of the Building Safety Bill in the House of Commons. There were a number of new items and changes, which we are in the process of analysing. Highlights of the second reading: Jenrick stated that dwelling fires were at the lowest point

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Latest Issue
Issue 329 : Jun 2025

Business : Legal News

New-build market grinds to a halt as EWS1 argument continues to rage

The latest research by Birmingham and Newcastle-based property developer, StripeHomes, has revealed that new-build house prices boomed by as much as 20% across parts of England during the first half of this year, but transaction levels have ground to a halt as EWS1 requirements continue to prove problematic. StripeHomes analysed the Land Registry sold price records for new-build homes sold during the first six months of this year (latest available data). The regions driving the new-build house price boom The research shows that on average across England, new-build homes sold for £314,000 between January and June – 5.6% higher than the same period last year. The West Midlands has enjoyed the largest rate of growth, with new-build homes selling for 20% more, hitting an average of £299,998. The North East also saw a considerable increase in the price paid for new-build properties during the first six months of the year, with the average price climbing by 17.1%. The South West (14.1%) is the only other region to see a double-digit increase, while the South East and East of England (6.2%) also saw a jump. However, Yorkshire and the Humber saw the average price paid for new-build homes plummet by -18.6% during the first half of this year when compared to the first six months of 2020. The North West also saw a decline of -6%, with the East Midlands seeing prices fall by -1%. Transaction volumes However, while new-build house prices are climbing, transaction levels remained muted. During the first half of this year, just 2,605 new-build transactions were completed, -92% less than the first six months of 2020 when 32,453 new-build homes were sold. The North East has seen new-build transactions fall by -95.4%, closely followed by the North West (-94.6%) and the East of England (-93.8%). London is the only region to see a decline in transactions lower than 90%. That said, the number of new-build homes sold in the capital during the first half of 2021 was still some -87% lower than 2020. Managing Director of StripeHomes, James Forrester, commented: “Much like the wider market, the new-build sector has enjoyed a strong uplift in property values and it’s great to see both the West Midlands and North East driving this growth as the best performing regions in England. However, transaction levels have all but ground to a half and this is predominantly due to the requirement of an EWS1 inspection. This requirement has seen many sales drag on four months on end, with inspectors unable to facilitate such a huge level of inspections and banks refusing to provide mortgages until they do. Despite the government’s attempts to address the issue by removing the EWS1 requirement on buildings below 18 metres, we now find ourselves in an industry stalemate. The banks refuse to adhere to these changes until ‘official advice’ is amended. But the RICS, in true archaic fashion, refuses to do so until they’ve ‘undergone a consultative process’ to ascertain if this would be in public interest. Ironically, while they drag their heels, thousands of new-build homebuyers remain in limbo and it doesn’t look as though a solution is on the horizon anytime soon.” Location Average NB House Price (Jan to Jun 2020) Average NB House Price (Jan to Jun 2021) Change (%) Change (£) ENGLAND £298,191 £314,883 5.6% £16,691 WEST MIDLANDS £250,000 £299,998 20.0% £49,998 NORTH EAST £204,950 £239,950 17.1% £35,000 SOUTH WEST £295,995 £337,748 14.1% £41,753 SOUTH EAST £365,748 £400,000 9.4% £34,253 EAST OF ENGLAND £325,000 £345,000 6.2% £20,000 LONDON £547,500 £572,800 4.6% £25,300 EAST MIDLANDS £254,950 £252,498 -1.0% -£2,453 NORTH WEST £224,580 £211,000 -6.0% -£13,580 YORKSHIRE AND THE HUMBER £215,000 £174,950 -18.6% -£40,050 Data sourced from the Land Registry Price Paid Records – Jan to Jun 2020 vs Jan to Jun 2021 (latest available data), excluding properties listed as ‘other’.           Location NB transactions 2020 NB transactions 2021 Change (%) Change (n) ENGLAND 32,453 2,605 -92.0% -29,848 LONDON 4,823 619 -87.2% -4,204 SOUTH WEST 2,849 262 -90.8% -2,587 SOUTH EAST 5,362 491 -90.8% -4,871 YORKSHIRE AND THE HUMBER 2,671 219 -91.8% -2,452 WEST MIDLANDS 3,232 234 -92.8% -2,998 EAST MIDLANDS 3,007 194 -93.5% -2,813 EAST OF ENGLAND 3,962 247 -93.8% -3,715 NORTH WEST 4,869 261 -94.6% -4,608 NORTH EAST 1,678 78 -95.4% -1,600 Data sourced from the Land Registry Price Paid Records – Jan to Jun 2020 vs Jan to Jun 2021 (latest available data), excluding properties listed as ‘other’.          

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Workplace Injuries: What To Do And How To Protect Your Rights

The common workplace injuries and accidents include cuts, lacerations, slips, falls, trips, crashes, collisions, inhaling toxic fumes, loud noise exposure, and being hit by tools, construction materials, and other falling objects. The extent of injury greatly affects recovery time. There are also other consequences such as lost wages or the inability to provide financial support to the worker’s family. Workers who sustain injuries or accidents while on duty may run at risk of losing work hours because of the need to recover from their current physical condition. Injuries may range from minor wounds and cuts to major injuries like temporary loss of body part function or permanent disability due to amputation, brain damage, or spinal cord injury. If you’ve encountered a workplace accident, it’s important to know what to do and how to protect your rights by reading below. 1. Talk To A Lawyer Once you’re safe from harm and you received the appropriate medical attention, it’s important to talk to a lawyer from www.mitchelllawcorp.com and other firms immediately. A personal injury lawyer who’s an expert in workplace accident cases is knowledgeable and highly trained in helping clients receive the rightful amount of compensation for their damages. Your lawyer will present the available legal options. In this way, you can choose the next course of action that’s favorable for you. Also, your workers’ compensation attorney can give you a rough estimate of how much you can get from your company’s insurance provider to cover your hospitalization and other medical expenses, as well as your lost wages and pain and suffering. On the other hand, a lawyer may also help you in case the company’s insurance company denies your claim based on unreasonable grounds. Some common reasons why workers’ compensation is disapproved include not being a qualified employee, failure to notify your employer about the accident and the injury, missed filing deadline, or when they find that the injury wasn’t sustained at work.  Hence, if you’ve sustained a personal injury at work and you file a claim but have been denied due to any of these grounds, talking to a lawyer would help you move on to other options. They may still help you get the compensation you deserve.  2. Report Properly  Right after the incident, reporting to your immediate supervisor is crucial. You may need to collect evidence like photos and videos of your injuries, the cause of the problem, and other relevant scenes. If you work outdoors or in the field, contact your supervisor immediately after the incident. If you can’t do it because of your injury, then ask someone to do it for you. In this way, your manager can report the incident the same day, which can be substantial in your claim. But of course, there are instances when employees can’t report an incident right away such as the victim lost consciousness and woke up the next day. Hence, other workers should report the incident. But if the job is confined and a solo man’s job, then reporting can be delayed to prioritize the victim’s health and safety first. Companies usually have standard operating procedures (SOPs) when it comes to incident reporting. That way, they can report all workplace incidents to the Occupational Safety and Health Administration (OSHA) as soon as possible.  The OSHA requires employers to report any fatality in the workplace within 8 hours, including severe injuries, like loss of an eye, amputation, or hospitalization, within 24 hours. Employers must keep all records for at least five years. Furthermore, employees can also directly report to OSHA through its website. 3. Demand Just Compensation For Your Damages If you got injured in an accident at work, the damages you can seek compensation for include your physical injuries, lost wages, and pain and suffering. Physical injuries may include minor or major ones, such as spinal injury and permanent disability. For lost wages, it includes all days that you’re absent from work because of hospitalization and full recovery. Moreover, pain and suffering are more difficult to substantiate, but a personal injury lawyer can help navigate this aspect of the case. You have the right to demand from your employer fair compensation for your damages, most especially if it’s not your fault. It’s the responsibility of your employer to ensure that the work area is safe from harmful chemicals, substances, and other safety hazards.  Workplace safety should be every employer’s top priority. If the workplace lacks the necessary safety gear and equipment or safety protocols, then there’s a high chance of the incident from happening to other workers. Therefore, the company can be held liable for damages. Your lawyer can help you determine every detail and evidence to prove your claim. Aside from proper compensation, you have the right to demand being retained in your employment even after having permanent injuries, so long as you can perform your tasks. A good employer can assign you to a different department to reduce your workload.  4. Don’t Sign Anything Without Your Lawyer Many employers and insurance companies trick employees into signing a narrative statement of the incident or similar declaration to protect themselves from liabilities. Don’t be a willing victim. If you fall into any of these tricks, you might end up not getting the right compensation or invalidating your claim. If your employer or the insurance company asks you to sign something, make sure you know the content of the document. It’s much better to sign with the presence of your legal counsel. While your employer may seem to offer a very good deal, you just want to make sure that they’ll fulfill their promises following a legal process.  Your employer can’t force you to sign any paper against your will. If your employer harasses you or threatens you with losing your job, then report this to your lawyer. The law protects employees under the employment law or labor code, so make sure you’re aware of this. Conclusion  Workplace injuries and accidents can change victims’ lives forever. They can

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Central register launched for building safety managers

A new central register and a certification scheme have been launched for building safety managers following the final report and proposals for Working Group 8 – part of the industry response group tasked with developing a new framework of competence for the new Building Safety Manager role (part of the Building Safety Bill).  The Building Safety Alliance, an independent industry-led ‘not for profit’ organisation, has been formed by representatives of both the public and private sectors. It aims to implement certification of people wishing to deliver the role of building safety manager (BSM) and produce a publicly accessible register of those certified by the scheme. In due course, it will also work with others to evaluate how organisations that wish to deliver the function of the BSM can be assessed as having the organisational capability to do so. It will also look at how to assist contractors and suppliers involved in higher-risk buildings in delivering a competent workforce that understands how to ensure that residential buildings are safe. The role of the Building Safety Manager, which the accountable person will have to ensure is in place, will be to comply with a number of tasks including: Ensuring the conditions in the Building Registration Certificate are complied with to the satisfaction of the Accountable Person and the Building Safety Regulator Ensuring those employed in the maintenance and management of the building’s fire and structural safety have the necessary competence to carry out their roles Engaging with residents in the safe management of their building by producing and implementing a resident engagement strategy Reporting to a mandatory occurrence reporting regime. Building Safety Managers – the future for compliance? Simon Ince, Project Engineer at UL, explores why defining the future role of Building Safety Managers is imperative to improve the standards of building management to protect people from fire and other risks. This is the first of two articles, the second of which can be found here: Competence – A fundamental part of building safety Keeping people safe inside buildings is vital for those responsible for a building’s management, particularly in a multi-occupied residential or a high-risk setting. To keep people safe, those with the duty of care must have a robust management system in place. They must take safety seriously and plan and resource accordingly. Astonishingly, however, many buildings are still managed haphazardly and without structure or control. Sometimes building managers have questionable competence, caused by management teams imposing safety duties on employees without providing sufficient training or support. One new development that will undoubtedly improve the standard of management within buildings is the acceptance of a standard definition of the role of Building Safety Manager (BSM). As part of the work following the Grenfell Tower fire tragedy and the recommendations of Dame Judith Hackitt, this key position has been subject to much discussion. A position which was undoubtedly insufficiently defined, vague and open to interpretation as to what responsibilities and duties were required. More importantly, there was little consensus on which key life safety critical roles BSMs must undertake. How must this position be defined? Currently the British Standards Institution (BSI) is rapidly developing, via its Flex project, a Publicly Available Standard (PAS) document that will provide clear guidance on the role of the BSM. This PAS will draw influence from the recommendations made by the Competence Steering Groups Working Group 8, who published “Safer People, Safer Homes: Building Safety Management.” This document sets out the competences required for any person or an organisation holding the role of BSM. What will a PAS for the BSM facilitate? With good management of a building being so important for safety, having an accountable person with defined responsibilities and duties will help with the routine management of the property. The existence of well trained and qualified professionals overseeing vital maintenance, inspections, procurement and repairs should reduce risk and help ensure that issues are dealt with promptly. In addition to the physical fire protection measures, BSMs will help with engaging with residents, keeping structured records and reducing risk to as low a level as is reasonably practical through a safety case approach. This will help improve safety within those buildings in scope and for those owners’ operators who use the PAS as a guide to compliance. Why is this role innovative? The work around the BSM is part of a wider movement to increase accountability, competence and traceability in the housing and construction sectors, and having a BSM taking control of occupied buildings is a smart and obvious thing to do. Can smart and obvious be innovative? Absolutely, as the role of a professional building safety manager is much needed! UL continues to support the drive in the UK for improved standards by offering independent testing, inspection, training and certification services.

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Should You Hire a Lawyer After Suffering a Construction Accident

Construction site accidents are very common and can range from minor to fatal. The BLS estimated that around 150,000 construction accidents happen every year in the United States. Insurance should cover you in most instances, but there are cases when things are a bit complicated. You might soon realize that your construction company cares more about their bottom line than you and the insurance company is not on your side. Let’s take a look at a few reasons why you should consider hiring an attorney after a construction accident. You’ll Get Access to their Legal Expertise The first reason why you should work with an attorney is so you can take advantage of their experience. They will be able to answer any questions that you have, but more importantly, allow you to avoid potentially disastrous mistakes. Insurance companies will not hesitate to use dirty tricks to get you to incriminate yourself or try to invalidate your claim. A lawyer will explain how to handle an injury if you’re a construction worker, and the steps you need to take to get full compensation. They will look over the whole facts of the case and have experts to retrieve important information that could help you. They will then be able to tell you what you can realistically expect to get and the proper course of action to take. Help You If Your Claim Has Been Denied Like we mentioned earlier, you should be covered under your insurance scheme if you were injured during work or on the job site. But there are cases when your claim might be partially or totally denied. This can be incredibly distressing to you if you have lost income and are dealing with serious injuries. This is another situation where an attorney could help. They Can Help You With Negotiations There are also cases when you might be able to file a claim directly against your employer. This is often when there’s negligence involved. If it was proven that they were negligent, you may be able to file a liability claim against them. Here, you will either have the choice of going to court or settling. Settling does not necessarily mean that you get less. Lawyers will often ask for a large portion of the judgment if they have to represent you in court, and it’s understandable when considering all the extra resources that have to be deployed. Having a master negotiator by your side will be essential. It’s also important that you choose a lawyer willing to go all the way for you, and they need to have the track record to prove it. Check how many times the lawyer has gone to court and the judgments they were able to get. This will let you know if they’re pushing for a settlement for your interest, or because they don’t want to bother with going to court. These are all major reasons why working with a construction accident attorney could be a good idea. If you feel like you’re being slighted by your employer or their insurance company in any way, we suggest you consult one right now.

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Building Safety Bill: initial NHF response

The long-awaited Building Safety Bill, published on Monday 5 July, sets out the legislation for the new building safety regulatory regime to ensure the safety of people and their homes. The Bill introduces significant changes to building safety regulation, as recommended by Dame Judith Hackitt in her Independent Review of Building Regulations and Fire Safety, and introduces the new Building Safety Regulator to oversee the new safety regime.  Responding to the publication of the Bill, Victoria Moffett, Head of Building and Fire Safety Programmes at the National Housing Federation said:   “We welcome the publication of the Bill as an important milestone. It is the next step in overhauling the building safety regulatory system to make sure a tragedy like the fire at Grenfell Tower never happens again.    “It’s positive to see the government acknowledge today that private developers are ultimately responsible for the poor workmanship which has led to so many safety issues. And, that these developers should therefore cover the costs of the work, rather than homeowners or those in social housing.    “But many questions remain about what will happen in practice.   “Giving leaseholders longer to pursue private developers for compensation could help some people, but unfortunately not everyone who is struggling to pay enormous building safety bills. There was also no announcement about other financial support for leaseholders today.   “The government has rightfully made it a legal requirement for building owners to pursue all other options before passing any building safety costs on to leaseholders. Not-for-profit housing associations have already been doing this but we are concerned to hear of cases where they have not been successful and housing associations will have no other choice but to still pass on costs to homeowners or shared owners in their buildings.    “There was also no funding for housing associations remediating social housing announced today. Charitable housing associations have so far been unable to access existing government funds. They are already diverting billions of pounds away from the upkeep of their social homes and away from building new social housing in order to make safe homes they bought in good faith.   “If the government want to avoid bills being passed on to homeowners and fewer affordable homes getting built over the next decade, they will need to cover all building safety costs upfront and claim the costs back later from the companies they acknowledge are responsible – such as private developers.”   We will continue to set out the case for funding for social housing providers to the government, MPs and key stakeholders. Our Policy team is examining the Bill, in particular what it means for housing associations, and we will be publishing a full briefing for our members in the coming weeks. If you would like to join the building safety mailing list for email updates, please login or create an NHF account, go to My Account and set your communication preferences. Alternatively, please email communications@housing.org.uk. Please note this mailing list is for housing association members only.  

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Churchill Retirement sales soar 75% and targets 1,000 homes p/a as consumer confidence returns

Revenues rose by 75% to £160m, as Churchill sold 413 retirement homes in the twelve months to 30 June 2021, 48% more than the same period last year. The Group swung strongly back into the green, with sector leading margins of 26.9% generating an operating profit £43.0 million (vs loss of £5.8m in 2020). A firm rebound in consumer confidence has helped to generate strong momentum in sales activity, with 7% of future sales already secured as at 30 June 2021. New growth plan launched today, with a target of achieving 1,000 retirement home sales in 2025 whilst maintaining market leading margins, creating more jobs across every part of the Group and achieving a countrywide presence Chairman, CEO and co-founder Spencer McCarthy, who is the son of the co-founder of McCarthy & Stone, has also hit out at obstacles holding the sector back including the broken planning system and reversal of the exemption of retirement housing from a future ban on ground rent Commenting on the results, Spencer McCarthy, Chairman and Chief Executive Officer of Churchill said: “I am very pleased to report a strong financial performance and a return to profitable growth after a year dominated by our response to Covid-19. Our priority throughout the pandemic has been ensuring the health and wellbeing of our apartment Owners, Colleagues and wider stakeholders and I would like to thank them all for their continued support. During the year we saw a rebound in consumer confidence, with the loneliness of lockdown causing many people to think hard about their living situation and consider the benefits of moving to a safer, lower maintenance home with more support and opportunities to socialise. This helped to generate strong momentum in sales activity, which has continued to build since the third lockdown lifted in March 2021. With a strong forward order position, an experienced team, and a clear focus and understanding of what our Customers need, this underpins our confidence looking ahead. As a result, we are today announcing a new growth plan, with a target of achieving 1,000 property sales in 2025 whilst maintaining market leading margins, creating more jobs across every part of the Group and achieving a countrywide presence. There are now more than 12 million over-65s in the UK and that figure is expected to rise by 41 per cent to nearly 18 million by 2024. However, there is a severe shortage of housing being built specifically for these growing numbers of retirees. To meet demand, we need 30,000 more retirement housing dwellings every year for the next 10 years. Our growth plan will not only help take Churchill to the next level, but further support the UK’s growing need for retirement housing. Nonetheless, we continue to face an uphill battle in several areas where reform is desperately needed help to unlock the UK’s housing supply. The planning system remains broken, with protracted Section 106 negotiations and long appeal delays, and the reversal of the exemption of retirement housing from a future ban on ground rent will impact the supply of good quality, affordable retirement housing. These obstacles continue to hold back development and make it more difficult to deliver the genuine mix of housing types our country needs.”

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NEW FIRE SAFETY ACT PROMPTS RISK ASSESSMENT REVIEW, BUREAU VERITAS TELLS DUTY HOLDERS

Leading safety and compliance expert, Bureau Veritas is encouraging landlords and duty holders to prepare for the Fire Safety Act 2021 which will make significant changes to fire safety regulation – describing the legislation as a new era for building safety. Given Royal Assent on 29th April this year, the Act will amend the Regulatory Reform (Fire Safety) Order 2005 and aims to make it clearer where responsibility for fire safety lies. The new laws apply to buildings containing more than one home that are more than 18 metres or six/seven stories in height and seeks to respond to the outcomes of the Hackitt Review. The Fire Safety Act 2021 clarifies that the responsible person or duty holder for multi-occupied, residential buildings must “manage and reduce the risk of fire” posed by the building’s structure, and most notably external wall systems, including windows and balconies, and individual occupants’ entrance doors. Under the clarification, fire and rescue services will be authorised to take enforcement action and hold building owners to account if they are not compliant. This latest law follows on from various action already taken designed towards strengthening the whole regulatory system for building safety, including new sprinkler requirements and the forthcoming Building Safety Bill which was presented to Parliament on 5th July 2021. John O’Sullivan MBE, Technical Director – Fire Consultancy at Bureau Veritas, states: “The approval of the Fire Safety Act marks a significant step in the right direction to mitigate the fire risk in relation to life safety and building safety and is one of the biggest outcomes of the Grenfell Inquiry to date. The government is expected to release further guidance on the Act later this year, as there is further consultation currently taking place in relation to the stay put policy and evacuation procedures for high rise residential properties. “Therefore, we would encourage any landlord or duty holder to take stock of the new changes already in place and review its current fire risk assessments policies. The Fire Safety Act potentially poses new challenges for duty holders, with the inclusion of the building structure, external walls, balconies and windows now forming part of a fire risk assessment process, and with the onus now firmly placed on duty holders to get it right, its essential these are done properly.” The Fire Safety Act also provides a foundation for secondary legislation to take forward recommendations from the Grenfell Tower Inquiry phase one report, including lift inspections, reviewing evacuation plans and fire safety instruction for residents. The upcoming Building Safety Bill, which was placed before parliament on 5th July 2021, and is expected to be passed into law by 2022, this is likely to include parts of phase two recommendations of the Grenfell Inquiry that will enact a change in Building Regulations. John continues: “With these new changes enforced by the Fire Safety Act, and more updates to come in the near future, it may seem a daunting task for landlords or a residential buildings duty holders to keep on top of the regulations to ensure risk assessments are accurate. However, third party health and safety firms, like Bureau Veritas, are able to conduct compliant fire risk assessments and make recommendations for necessary changes to mitigate the risk to ensure homes remain safe.” Bureau Veritas offers a comprehensive range of fire and life safety consultancy services to suit all requirements, including fire risk assessment, fire engineering, building control and fire science. The testing, inspection and certification expert offers duty holders the unique opportunity to select the services they require to help improve fire safety management in their buildings, whilst benefitting from the cost-efficiencies of a combined service. For further information on how Bureau Veritas can support with fire risk assessments and fire and life safety strategies call 0345 600 1828 or visit www.bureauveritas.co.uk

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Building Safety Bill & more

The end of July marked the second reading of the Building Safety Bill in the House of Commons. There were a number of new items and changes, which we are in the process of analysing. Highlights of the second reading: Jenrick stated that dwelling fires were at the lowest point since 1981 and expert guidance had five recommendations to correct the disproportionate reaction to safety in some parts of the market: EWS1 forms should not be a requirement on buildings below 18m. Where there are known concerns this should be addressed through risk management. All major lenders, including HSBC, welcomed the advice that EWS1 forms should not be a requirement on buildings below 18m. The new Building Safety Regulator would have the powers to enforce the rules set out by the new framework. All buildings would have an individual that is accountable and responsible for safety, and non-compliance would be a criminal offence. Whilst also being able to tackle bad practice, the Bill will have the ability to remove construction products that were unsafe from the market The Bill will strengthen redress for people who were buying a new build home through provisions for the New Homes Ombudsman, who will resolve complaints between buyers and developers.   He reaffirmed the commitment in the Bill which will retrospectively extend the period in which compensation can be claimed for defective premises from 6 to 15 years. The scope of the work for which compensation can be claimed will also be expanded to include future major renovation work. He stated that he hoped builders, in time, would extend their warranty for this period. He forecasted that over 1,000 buildings with non-ACM unsafe cladding will receive support through the Building Safety Fund. 5 recommendations within the speech that government will support and act upon: EWS1 forms should not be a requirement on buildings below 18 metres.  In the small number of cases where there are known to be concerns these should be addressed primarily through risk management and mitigation. There should be a clear route for residents/leaseholders to challenge costly remediation work and seek assurance that proposals are proportionate and cost effective. Government should work with the shadow Building Safety Regulator to consider how to implement an audit process to check that fire risk assessments are following guidelines, not perpetuating the risk aversion we are witnessing, in some instances, at the present time. Fire risk assessors, and lenders should not presume that there is significant risk to life unless there is evidence to support this. This would ensure that they respond only to the evidence and adopt a far more proportionate and balanced approach. It was confirmed that the building safety fund will re-open for registrations in the Autumn 2021 – we will notify our members when registration is open. Please also note that the we will be sending out updated RICS guidance regarding EWS1 forms when it has been published. The Bill will now enter its Committee Stage when Parliament returns in September, we will ensure members are kept up to date with the passage of this Bill at all times. Click here to read the full written statement to Parliament.

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Industry reacts as government scraps EWS1 forms for buildings below 18 metres

Comment from Warwick estates… COO of Warwick Estates, Bethan Griffiths, commented: “Whilst we welcome the government’s about turn on deeming 800,000 affected flats now safe, one wonders why it took four years for this to be ascertained. Meantime over £190billion worth of UK property assets has been held in limbo, trapping owners into a seemingly unnecessary and protracted state of anxiety. Notwithstanding the relief of hundreds of thousands of leaseholders, hundreds of freehold apartment owners including asset managers and property investment houses can also now restore these assets to full value on their balance sheets Wiping out one-fifth of a trillion pounds in property value is equal to around 9.7% of GDP and was likely to be somewhat missed economically.”

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54 WEEK DECISION TIMES FOR MAJOR HOUSING APPLICATIONS UNACCEPTABLE, SAY BUILDERS

Latest annual planning performance statistics for 2020/21 showing a 17 week increase in the average decision time for major housing development to 54 weeks are unacceptable, according to home building body Homes for Scotland (HFS). The figure represents a +40 per cent rise on the previous year and is more than three times the statutory requirement of 16 weeks.  Decision times were quickest for “business and industry” at 22.4 weeks. HFS Director of Planning Tammy Swift-Adams said: “It was to be expected that the processing of planning applications would be affected by Covid-19 but the scale of change in relation to major housing applications is difficult to understand, particularly given the +40 per cent drop in the actual number of applications in the corresponding period and the fact that figures for business and industry have improved. “In light of the economic lifeline that has been delivered by construction over the last year or so, and with demand for new homes of all tenures remaining high, why should this crucial sector take more than double the length of time to determine when compared to applications for business and industry?  Such delays only exacerbate existing supply problems and do not bode well for new affordable housing targets. “Regardless, it is unacceptable that any applications take more than a year.  Only last week, the Directorate of Planning and Environmental Appeals reported that it had avoided accumulating any backlog in case work despite the pandemic.  It is disappointing local authorities were not able to adjust business practices as quickly or effectively and highlights the need for planning services to be better resourced.”

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