Real Estate Law Blog

21 December 2018

A ban on combustible cladding; a Joint Regulators Group; a new health and safety test for architects - The Hackitt Report six months on

In construction, “underpinning” is the process of strengthening the foundation of an existing structure in order to provide stability in cases where the original foundation is not strong enough. In respect of building safety, the Hackitt Report seeks to change the ethos of the industry by strengthening the existing foundations and introducing new ideas to build upon them.

Luke Gregory

29 November 2018

“Improving transparency and integrity of information”- The impact of the Golden Thread on Principal Designers and Principal Contractors

In my previous blog, I concluded my review of how the roles and responsibilities of the key CDM duty holders may be applied to Higher Risk Residential Buildings (“HRRBs”). In this blog, I will explore the Hackitt Report’s recommendation for the introduction of a ‘golden thread’ of quality building information and what that means for Principal Designers and Principal Contractors.

Luke Gregory

2 November 2018

Right of Escape: Is it a licence or an easement?

It is not uncommon to find old buildings in Central London relying on a secondary means of escape over adjoining property, based on an old Deed providing for a right of escape (sometimes mutual). It can be very difficult, especially post Grenfell, to make an old building compliant with a single staircase means of escape, if the secondary means of escape ceases for any reason. Firstly, it may not be possible (for e.g. the single staircase may not have sufficient capacity), secondly, the cost may be prohibitive and/or thirdly it may restrict the potential uses of the building in the future.

David Newnham

25 October 2018

“Clarifying leadership, management and competence” | Applying the CDM Regulations to HRRBs | Part 2

In my previous blog I provided an overview of the history of health and safety legislation, and analysed the Hackitt report’s recommendation that the CDM Regulations should be extended to HRRBs. I concluded by looking at how the proposals may impact clients (as defined by the CDM Regulations). I continue the theme in this blog by reviewing the potential implications on the other CDM duty holders – Designers, Contractors, Principal Designers and Principal Contractors.

Luke Gregory

22 October 2018

Re-setting the calculation - One small step towards leasehold reformation

In December 2017, the government announced that it would ban the sale of houses on a leasehold basis and prohibit developers from selling leases of flats or houses that contain an obligation to pay ground rent.  The government is also committed to making it cheaper and easier for existing leaseholders to buy-out their freehold.  The Law Commission is considering three projects - read more

David Newnham

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