Building & Fire Safety

Advising on replacement of defective ACM cladding

Shortly after the Grenfell Tower disaster, we were instructed by a large housing association to advise on which parties were legal responsible for the substantial (over £1m) cost of funding the removal of defective ACM cladding from a recently constructed tower block and its replacement with compliant materials. This work involved a review of the relevant property and construction documents, and consideration of whether liability sat with the association, the former owner, the developer of the scheme and/or the cladding manufacturer.

Advice on defects in hospitals

Working with NHS Trusts, we have provided advice on legal requirements for fire safety in NHS buildings, including:

• Compliance with the Regulatory Reform (Fire Safety) Order 2005
• Claims against Project Companies under PFI Contracts
• Carrying out a full review of statutory compliance, including fire safety, asbestos management, electrical safety, medical gases, water safety and occupiers’ liability
• non-compliant combustible insulation - installed as part of the cladding at hospital premises - in respect of potential claims against contractors and designers, progressing claims as required and negotiating the terms of settlement for the rectification works.

We have also advised a Project Company on a PFI contract on issues arising from the service of an enforcement notice.

Advice on management of properties/housing stock

Working together with the one the largest property and leisure management, development and regeneration companies in the UK on ways to ensure statutory compliance for group-owned commercial properties in a number of different leasing and property management scenarios.  This also included where management of stock is outsourced to an independent managing agent.

We advised a Managing Agent on a settlement with a construction company which had built an estate without the necessary fire breaks between properties.

We work in partnership with housing associations on fire safety issues, including advice on:

• the wording of  leases in order to enable the association to ascertain liability for upgrading fire doors, in circumstances where leaseholders in the same block had differently worded leases
• potential claims against house builder developers.  

Advising housing associations on the Accountable Person requirements

We have advised a number of housing associations on the new requirement to appoint an Accountable Person, what duties this party will have and which party should be appointed. We have also advised more generally on the duties under the Building Safety Act and the Regulatory Reform (Fire Safety) Order 2005 and whom these duties fall upon.

Fire Authorities

Following deaths of a number of vulnerable adults in a hospital and others in their own homes, we advised a Fire Authority in relation to inquests. This included reviewing the appropriateness of the their response to the fires, the preparation of witness statements and inquest advocacy.

We also provided advice to a Fire Authority in relation to its enforcement powers and the appropriate enforcement action to be taken in light of a fire in a hospital: reviewing of the hospital’s fire safety audits, its current processes and procedures, and advice on which enforcement options met the fire authority’s enforcement model and public interest considerations.