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Walker Morris BSA expertise

Walker Morris’ BSA experts have got you covered

It’s no exaggeration to say that the Building Safety Act 2022 represents perhaps the most significant upheaval to construction and safety law, regulation and practice, in modern working memory. The BSA imposes sweeping changes across all aspects of the building industry. It directly impacts all stakeholders, from government and Housing Associations, to developers; and from freeholders, leaseholders and lenders, to property management companies and construction and real estate professionals.

Walker Morris’ Construction & Engineering, Housing Management & Litigation and Real Estate Litigation BSA experts are uniquely placed to help clients from right across the Living sector to successfully navigate all of the legal, regulatory and practical changes brought about by the Building Safety Act. Our long-standing experience and success in providing strategic risk management, transactional and dispute resolution advice for industry participants in all areas of the sector has contributed to our in-depth understanding of all parties’ commercial perspectives. Our recent appointment as the only firm instructed by the UK Government in relation to remediation orders also places us in the unique position of being able to share information and advice with our clients which is based on hands-on experience of issuing this entirely new form of claim to address unsafe cladding/defects.

Meet Walker Morris’ uniquely experienced BSA experts

Walker Morris’ single site law firm means that all of our legal specialists are close at hand, facilitating the seamless provision of cross-discipline advice that our clients really value.  Whatever your BSA query or concern, Walker Morris has a team of dedicated experts who can help. Meet the team below, and please give us a call to discuss your particular BSA requirements.

Corner view of a block of apartments

Property developers and housebuilders

Walker Morris’ BSA experts’ BSA work for developer and housebuilder clients includes providing support in respect of defects arising from properties/developments. As well as negotiating contracts with contractors and professionals on all types of new, in-scope developments (including student accommodation), we act for both claimant and defendant developers/housebuilders in actions against contractors or professionals involved in original design and Defective Premises Act claims.

Our specialists in this area of work:

UK Government/Department for Levelling Up, Housing and Communities

As the only firm instructed by DLUHC in relation to enforcement of the provisions of the BSA against freeholders and developers, Walker Morris’ BSA experts are in the unique position of being able to advise clients from a position of practical, hands on experience of this new and developing area of law.

Our specialists in this area of work:

Housing Associations

Walker Morris’ Housing Management & Litigation, Real Estate Litigation and Construction & Engineering specialists have long-standing,  expertise in acting for Housing Associations, providing strategic, regulatory, transactional and dispute resolution advice. In the BSA context, our experts can provide Housing Associations with wide-ranging advice on all aspects of BSA 2022. In particular, we can work with Housing Associations in relation to the ability to recover defect remediation costs via service charge mechanisms in occupational leases, and to pursue or defend claims arising out of defects with any build/development.

Our specialists in this area of work:

Freeholders

Our BSA experts work with a range of freeholders and investor clients to in respect of cladding/building safety defects arising from properties/developments. We are experienced in acting from both the claimant and defendant perspective, and in relation to remediation orders or remediation contribution orders, and can provide wide-ranging advice on all aspects of the BSA, as well as on Defective Premises Act claims.

Our specialists in this area of work:

Lenders, landlords and property managers

For lenders, landlords and property managers/management companies, Walker Morris’ BSA expert provide advice on the ability, under the BSA, to recover defect remediation costs via service charge mechanisms in occupational leases, as well as advising on the various landlord and tenant aspects of the BSA. This includes advising, from the landlord/property management perspective, on leaseholder protection provisions. Key issues include whether the landlord can recover service charges from leaseholders in relation to the costs of remediation of historic defects, advising in relation to landlord’s certificates and leaseholder certificates, dealing with remediation orders and remediation contribution orders, and advising on the circumstances in which a leaseholder can apply to the residential property tribunal.

Our specialists in this area of work:

Leaseholders, tenant groups and Right to Manage companies

Walker Morris’ BSA experts can provide BSA advice and support to qualifying and non-qualifying leaseholders on all landlord and tenant aspects of the BSA. This includes advising, from the tenant perspective, on leaseholder protection provisions, for example: whether the landlord can recover service charges from leaseholders in relation to the costs of remediation of historic defects; advising in relation to landlord’s certificates and leaseholder certificates; dealing with remediation orders and remediation contribution orders; and advising on leaseholder applications to the residential property tribunal.

Our specialists can also act for leaseholders, tenants groups and Right to Manage companies in relation to BSA claims against contractors/professionals and Defective Premises Act claims.

Our specialists in this area of work:

Martin
McKeague

Partner

Real Estate and Housing Litigation

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David
Manda

Director

Real Estate Litigation

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Deborah
Walls

Director

Construction & Engineering

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Tom
Peel

Partner

Head of Construction & Engineering

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Lewis
Couth

Partner

Real Estate Litigation

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Asia
Munir

Director

Real Estate Litigation

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Sue
Harris

Senior Director

Construction & Engineering

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Paul
Hargreaves

Partner

Construction & Engineering

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Pawan
Pandit

Senior Associate

Housing Management Litigation

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