Jurisdiction(s):
United Kingdom

Building Safety Act 2022: enhanced duties, extended liabilities and new remedies—DPA 1972 (limitation and strict liability debate), RCOs/BLOs, and insurance implications including PI cover, notifications, exclusions and disputes

Published by a LexisNexis Insurance & Reinsurance expert

Practice notes

The Building Safety Act 2022 (BSA 2022) marks the most significant shake-up of building controls in forty years, reshaping oversight for the design, construction and management of, among others, residential properties and, in particular, ‘higher-risk’ buildings (HRBs) (for what qualifies as a HRB, see Practice Note: Building Safety Act 2022—what is a higher-risk building?).

Stricter requirements on competence and safety reporting, coupled with new causes of action and court orders to expedite remediation of historical defects, carry notable insurance consequences. The anticipated uptick in claims against construction and real estate professionals will trigger more policy notifications and potential coverage disputes, as the market calibrates to novel exposures amid developing case law.

This Practice Note therefore examines key insurance issues likely to arise from BSA 2022 in relation to enhanced duties, extended liabilities, new remedies and policy coverage.

Enhanced Duties

Those assuming responsibilities under BSA 2022 should ensure the new obligations are fully understood, allocate associated risks appropriately through back-to-back contracts, and maintain adequate liability insurance to respond to potential claims...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Rob Goodship

Fenchurch Law

Rob Goodship is a Partner in the Construction and Property Risks practice group and has over 15 years of experience in resolving complex and high-value claims for corporate policyholder clients. Recent highlights include: 1. Advising numerous contractors in respect of co-insurance issues arising from CAR project policies, including the implications arising from the Court of Appeal’s decision in RFU v Conway;2. Advising various contractors in relation to coverage issues arising from block notifications following the Grenfell tragedy in 2017;3. Advising various parties in respect of liabilities arising from the Building Safety Act 2022, including insurance cover available for Building Liability Orders;4. Acting for the successful main contractor in arbitration proceedings against its CAR insurer following damage to a pipeline caused by excess settlement; and5. Acting for the successful owners in respect of a significant claim against insurers in relation to a latent defect policy...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...