Advising an airspace developer on the Building Safety Act

Our developer client was entering into an agreement for the lease of an airspace development of new apartments to be built on top of an existing building, subject to planning permission being granted following an application to be made by the client.  The client was also proposing to carry out works to improve the existing building as part of the consideration for carrying out the airspace development.

We advised on the developer’s obligations under the Act during the key phases comprising the application for the planning permission; the development of the airspace and the eventual occupation of the development.

As a result of the proposed development, the existing building would become a higher-risk building for the purposes of the Building Safety Act – detailed consideration therefore had to be given to how the gateway regime would be complied with (including input from the landlord) and its potential impact on delivery timelines. Timelines and gateway approvals were critical as they would affect the client’s proposed funding of the development.

In addition to the gateway approvals, we advised on the requirements for registration of the building as a higher-risk building and each of the new regimes relating to accountable persons, the golden thread of information and for landlord certificates in respect of the eventual sales of the completed apartments.  We drafted documentation considering the above, considering timing for the client’s compliance with their obligations, considering the landlord’s involvement and responsibilities, and what protections a possible funder of the development may require.

You can read a similar client story here.