Building Safety Act

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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Building Safety Act

Our specialist construction team have a wealth of experience in advising on a wide array of legal issues on construction projects. We can advise you in relation to all aspects of the Building Safety Act (BSA) and any new rafts of regulations which implement and support the BSA and on how it may impact your project or your business.

We can help you to navigate the BSA’s complexities, ensure compliance with the regulations, as well as assist in drafting contracts which cater for any developments within the legal and regulatory sphere.

Whether you are starting out in the construction industry or are an experienced property developer, our understanding of the market and law means we are able to apply a legal, commercial and contractually sound perspective to our support and advice.

Key contact

Cesare McArdle PNG
Cesare McArdle
Partner

What our clients say about us

Shennind was incredibly clear and thorough throughout; he took the time to properly understand how my app works before advising, which made a real difference given how specific and safeguarding-sensitive my situation was. The advice note he produced was detailed, practical, and gave me genuine confidence in the decisions I was making. I'd recommend him without hesitation.

Holly Banfield
Founder, Twinquility

Commercial specialist Mark Chapman ‘has strong technical knowledge and deals expeditiously with requests’ and ‘takes the time to understand clients’ businesses and shape his advice and support in a way that works for the client.

Mark Chapman is extremely thorough and has a good eye for detail, but advises with a very good balance of technical legal advice and commercial/practical suggestions.

The partner in charge, Mark Chapman, was exceptional. Our issues were unique and we had to change direction several times, but the team always responded well, bringing in the new specialist skills as needed. I think that is the standout quality; adaptability.

Mark Chapman is our go to contact for all regulatory matters. With strong technical knowledge and an unwavering eye for detail, Mark has a great ability to balance legal advice alongside commercial considerations, helping us to take a pragmatic approach to negotiations.

The team quickly grasped the legal challenge we presented them with. They responded with speed, professionalism and a detailed overview of the options available.

Mark quickly got to grips with our complex and extensive business division. What impressed me most was Mark’s innovative and commercial solutions and his ability to see the bigger picture.

Mark Chapman is extremely commercial and approachable. His previous in-house experience is clear and a real asset to his in-house clients.

Mark and Cesare in the Corporate & Commercial Department have been invaluable – they’re knowledgeable, personable and always deliver projects on time and within budget. They’ve become a seamless extension to our business and feel part of the team.

We have had the privilege of working with Cesare McArdle, Partner for Corporate and Commercial, whose dedicated expertise in construction law has been invaluable to our members. Beyond delivering clear and practical legal advice, Cesare consistently goes above and beyond by proactively reaching out to offer guidance and support. Notably, he has organised and delivered seminars for our members and delivered an information sheet at no additional cost, helping them navigate complex legal issues. We have received numerous testimonials praising his in-depth knowledge and the practical impact of his advice, particularly in improving contract management, which has enabled many of our members to deliver projects on time and maintain profitability. His proactive, client-focused approach and willingness to share his expertise make him a standout figure compared to competitors.

Working with Cesare and the team at Herrington Carmichael on a recent commercial contract has been a very positive experience for us at Ecrebo. The team were professional, knowledgeable and able to pick up on specific nuances relative to our business very quickly. We are pleased with the end result and would recommend the team at HC.

My experience of working with Cesare and his team has been a pleasure, the advice was clear, precise and commercially astute and the draft contracts etc were delivered to a very tight programme. We appreciated the attention to detail whilst always being mindful of the agreed budget.

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Meet our experts

Dedicated professionals ready to assist you.

Mark Chapman PNG
General Counsel, Head of Commercial & Regulatory
Cesare McArdle PNG
Partner
Rhian Hazeldene PNG
Solicitor
Siddhartha Saxena PNG
Senior Paralegal

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

As a high-level overview, following the Grenfell Tower tragedy, this legislation sees a long-awaited focus on high-risk buildings, establishes a new regulator, promotes and improves competency in all work carried out within the built environment and imposes new duties, responsibilities and information requirements on relevant stakeholders. Please contact us if you would like further specialised advice on how the Act may impact you or your business.

Yes. If you have a construction contract, there are a number of specific clauses you may need to update as a result of the change in the law including ensuring appropriate appointments are made in respect of the duty holder regime, and imposing obligations on the appropriate party in respect of the other requirements.

Similarly, there are a number of clauses which are not allowed within construction contracts and therefore the law will effectively strike them out if they are included. Please do get in touch if you would like further information on these.

A higher-risk building is defined as any building in England which is:

  1. at least 18 metres tall or has at least 7 storeys
  2. contains at least 2 residential units.

It is important to note that certain buildings and establishments are excluded from the HRB Regime – if you would like advice on whether your project falls within the regime, please do not hesitate to contact us.