This topical discussion brought together industry experts to explore the practical implications of the Building Safety Act (BSA) and its impact on stakeholders across the construction and real estate sectors.
Key discussion points
- Gateway Two Bottleneck: The regulatory approval timelines stretching to 36–44 weeks, far exceeding the 12-week aspiration. This delay stems from significant under sourcing and underestimated demand. As no building has yet passed Gateway Three, the delays relating to this Gateway are not yet known.
- Risk allocation: The group debated who ultimately bears the risk under the BSA for Higher-Risk Buildings (HRBs), highlighting challenges for sellers, buyers, and investors navigating compliance obligations, as well as considering the application of insurance.
- Market impact: Concerns were raised about transaction and financing delays and the knock-on effect on development pipelines, with calls for clearer guidance and improved collaboration between regulators and industry.
- Practical solutions: Attendees shared strategies to protect interests, including early engagement with regulators, robust documentation, and proactive risk management frameworks.
Why this matters
The Building Safety Act represents a seismic shift in accountability and compliance for the built environment. Many in the industry believe the BSA is not fit for purpose and a review is needed to ensure the future growth of the construction and wider economy. It is clear that as the sector continues to adapt to the regulations, collaboration and knowledge-sharing are critical to overcoming systemic challenges and ensuring safe, sustainable development.
DWF’s leading construction team brings deep expertise in navigating complex regulatory frameworks and delivering practical, commercially focused solutions for clients across the infrastructure and real estate sectors.
If you would like to discuss how these changes affect your projects or any of points discussed, please contact David McNeice, Global Co-Head of Infrastructure, Construction & Energy at DWF, or Alan Barnett, Corporate Real Estate Partner.
The discussion was also supported by Katherine Raw-Rees, Solicitor in Infrastructure, Construction and Energy at DWF.
