Building Safety Act: Essential Information For Home Buyers and Sellers

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The Building Safety Act 2022 (BSA) is a pivotal piece of legislation that aims to improve the safety

standards of residential buildings across England. Introduced in response to the Grenfell Tower disaster,

the Act has significantly impacted the property market, particularly for high-rise and multi-occupancy

buildings. Understanding its implications is essential for homebuyers, sellers, and conveyancers. At

Arrow Conveyancing, we are here to help you navigate these changes with clarity and care.

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How the Act Affects New Builds

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The Building Safety Act has brought in new and enhanced regulations for new builds, particularly for

those classified as "higher-risk buildings" (over 18 metres or seven storeys tall). Here are some key points

you need to be aware of:

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● Heightened Oversight: Developers must now comply with stricter safety measures throughout

both the construction and handover phases. The Building Safety Regulator ensures that these

safety standards are met at every stage of the process.

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● Certification Requirements: Before any occupation can take place, higher-risk buildings must

pass through regulatory gateways and secure a Building Assessment Certificate, confirming

compliance with fire and structural safety standards.

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● Extended Liability Periods: New build buyers are now entitled to a 15-year liability period (up

from six years). This gives greater protection for claims related to construction defects,

particularly those posing safety risks. However, this extended period could result in delays

during the completion process as developers comply with these additional regulations.

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What Sellers Should Disclose to Buyers

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Under the BSA, transparency has become a legal obligation rather than a mere courtesy. Sellers of

properties in higher-risk buildings must provide comprehensive details about the safety status of the

building, including:

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● Known Safety Defects: Sellers must disclose any fire safety or structural issues, such as defects

with cladding or potential collapse risks.

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● Remediation Costs: If any remedial work is necessary, sellers must disclose whether these costs

are covered by leaseholder protections or if buyers may face additional charges in the future.

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● Certificates and Documentation: Sellers must provide relevant documentation, such as

Leaseholder Deeds of Certificates and Landlord Certificates, where applicable. These

documents outline any ongoing or planned safety works tied to the property.

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Failure to disclose this crucial information could lead to legal disputes or delays in the transaction

process, so sellers must ensure all details are accurate and complete.

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How Conveyancers Like Arrow Conveyancing Ensure Compliance

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As conveyancers, we play a vital role in helping you navigate the complexities of the Building Safety Act.

At Arrow Conveyancing, we are committed to ensuring full compliance with the law while protecting

your peace of mind. Here’s how we assist:

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● Reviewing Documentation: We meticulously examine all relevant certificates, such as

Leaseholder Deeds and Landlord Certificates, to identify potential liabilities or obligations tied

to the property.

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● Guiding Buyers and Sellers: Whether you're buying or selling, we explain how the BSA applies

to your transaction and help you make well-informed decisions at each step.

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● Managing Lender Requirements: Many mortgage lenders now require confirmation that

properties meet BSA safety standards before approving loans. We work directly with lenders to

ensure all conditions are met.

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● Minimising Delays: By addressing BSA-related requirements early in the process—such as

verifying building height and securing the necessary certificates—we help avoid unnecessary

delays in your transaction.

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Why It Matters

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The Building Safety Act represents a monumental shift in how residential properties are built, sold, and

maintained. While its primary focus is on improving safety standards, its impact extends far beyond just

the construction industry. For homeowners, leaseholders, and property professionals, this Act reshapes

the landscape of property transactions.

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The BSA introduces robust measures that will help prevent another tragedy like the Grenfell Tower fire,

ensuring that safety is prioritised throughout the building process. It offers stronger protections for

homeowners and leaseholders, but it also means that buying, selling, and financing properties has

become more complex. For buyers, this provides much-needed assurance that their new home meets

high safety standards and is free from hidden risks. For sellers, there is a responsibility to disclose any

potential hazards and liabilities, which can sometimes be a challenging process but is crucial in

maintaining trust and transparency in the market.

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However, the Act also presents new challenges. The extended liability periods, the certification

requirements, and the increased scrutiny of property safety all add layers of complexity to the

transaction process. Buyers may find themselves facing delays as developers work to meet these new

obligations, and sellers must ensure they provide full and accurate information about the building’s

safety status.

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For conveyancers, like us at Arrow Conveyancing, the BSA introduces a host of additional

responsibilities to ensure compliance. Our role has evolved to help clients navigate these changes, from

ensuring all necessary documentation is provided to liaising with lenders who now require

confirmation that properties meet the BSA safety standards before offering mortgages. The added

regulations require careful planning and thorough attention to detail, but they are essential to ensuring

that safety risks are properly managed.

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Ultimately, the Building Safety Act matters because it establishes a new standard of accountability for

everyone involved in property transactions. It’s not just about compliance; it’s about creating safer living

environments and rebuilding trust in the property market. At Arrow Conveyancing, we understand that

these changes can feel overwhelming. That's why we are committed to guiding you through each step

with professionalism and care, helping you make informed decisions and ensuring that your interests

are fully protected.

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Whether you're purchasing your dream home, selling your property, or navigating complex regulations

as a leaseholder, we are here to simplify the process. With our expertise, we’ll help you avoid pitfalls,

manage the paperwork, and move forward with confidence, knowing that the safety of your home is

assured.

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Contact Arrow Conveyancing today by visiting their website: www.arrowconveyancing.co.uk calling: 0116 266 5394 or emailing: hello@arrowconveyancing.co.uk

Disclaimer

The materials on this website do not constitute legal advice and are provided for general information only. Whether express or implied, no warranty is given concerning such materials. We shall not be liable for any technical, editorial, typographical, or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website.

The information contained in this article does not constitute financial advice or recommendation and should not be considered as such. Arrow conveyancing does not offer financial advice and is not regulated by the Financial Conduct Authority (FCA), the authors of this article are not financial advisors and are therefore not authorised to offer financial advice.

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