Architects and the Built Environment

Client issue 1: ENFORCEMENT ACTION TAKEN BY THE HEALTH AND SAFETY EXECUTIVE

In the UK, all employers have a duty of care under the common law and the Health and Safety at Work etc. Act 1974 for the health and safety of their employees and those who are on their premises.  A health and safety investigation is always disruptive and sometimes fatal to the future of a business. In recent years there has been a noticeable increase in prosecutions brought against directors and other senior managers. We advise individuals and companies who are subject to investigation or prosecution for health & safety and/or corporate manslaughter.

Contact Jonathan Grimes and Melinka Berridge to find out more.

Client issue 2:
Impending change to the Building Safety regime

On 20 January 2020, Housing Secretary Robert Jenrick announced new measures to improve building safety standards, described as: ‘the biggest change in building safety for a generation’. The changes include the immediate creation of the new Building Safety Regulator.

The Building Safety Regulator will oversee the design and management of buildings, with a focus on ensuring the new regime for higher-risk buildings is enforced effectively and robustly. It will have the power to apply criminal sanctions to building owners who do not follow the regime.  We are now advising individuals and companies on how to prepare for the measures that will be introduced under this new regime.

Contact Melinka Berridge and Hannah Eales to find out more.

Client issue 3:
Enforcement action taken by the Fire and Rescue Service against individuals and corporates

Under the Regulatory Reform (Fire Safety) Order 2005, Fire and Rescue Services have powers to bring enforcement action against the ‘Responsible Person’ which can result in significant financial penalties or imprisonment.

We advise individuals and corporates who are subject to investigation or prosecution for breaches under the Order and provide representation through the criminal courts from the Magistrates’ Court through to the Crown Court and Court of Appeal.

We also have experience in acting on behalf of Fire and Rescue Services bringing prosecutions under the Order.

Contact Hannah Eales to find out more.

Client issue 4:
IMPENDING CHANGES TO FIRE SAFETY LAW UNDER THE FIRE SAFETY ACT

On 29 April 2021, the Fire Safety Act 2021 was enacted. The Act extends the scope of the Regulatory Reform (Fire Safety) Order 2005 and affects the responsibilities the ‘Responsible Person’ has under the Order. The changes brought about by the Order will come into effect in early 2022.

In addition to the Fire Safety Act, various new roles of responsibility are proposed under the draft Building Safety bill, including a dutyholder regime, which will impose fire safety obligations on those responsible for a building from construction through to occupation. We are advising individuals and companies on how to prepare for the new regime coming into force.

Contact Hannah Eales to find out more.

CLIENT ISSUE 5: INTERVENTION BY OR COMPLIANCE WITH YOUR REGULATOR

Regulatory bodies in the built environment sector, including RICS, impose technical and ethical standards upon their members.  We can provide advice on compliance with such standards, and guidance on investigations and interventions by regulators in cases of suspected non-compliance.

Contact Julie Matheson to find out more.

CLIENT ISSUE 6: PROCURING THE DESIGN AND CONSTRUCTION OF REMEDIAL CLADDING WORKS

We advise clients on all aspects of the design, procurement and construction of commercial and residential real estate developments including works relating to the removal and/or replacement of defective or unsafe cladding.

Contact Peter Metcalfe to find out more.

CLIENT ISSUE 7:
Licensing considerations for developers/landlords in the hospitality or retail sectors

A premises licence adds value – not just for the holder/operator of the licence but also for the property owner or developer. We can advise on how to maximise and protect that value in the face of adverse tenants or during the development phase.

Contact Melinka Berridge to find out more.

CLIENT ISSUE 7:
Licensing considerations for developers/landlords in the hospitality or retail sectors

The Environment Agency (EA) is one of the principle regulators responsible for the enforcement of environmental law and the prosecution of environmental crime in England. Alongside prosecutions, the EA has numerous investigatory and enforcement powers, including powers of entry, powers to request information, documents or records, and powers to enforce or prohibit certain behaviour through notices.

We advise corporates and individuals who find themselves exposed as a result of a corporate internal investigation or investigation by the EA into environmental offences.

Contact Sophie Wood to find out more.