The Technology and Construction Court has granted an interim injunction to the Health and Safety Executive (HSE) prohibiting the occupation of a Higher Risk Building for a failure to obtain a Building Regulations Completion Certificate.
The building concerned was a 244-room student accommodation. The registered Building Control Approver had raised concerns regarding fire safety defects, including the absence of fire-stopping and cavity barriers, as well as issues with the steel frame and escape routes. The developer ignored a contravention notice, a cancellation notice and stop notice and proceeded to advertise the rooms to be let to students.
The Court’s decision to grant the interim injunction is significant as it is the first time that the HSE has taken such significant enforcement steps in its role as the Building Safety Regulator (BSR) under the Building Safety Act 2022 (BSA). This serves as a warning from the BSR to those involved in the construction sector that it will take an active role in exercising its powers and that it is essential to comply with safety obligations before proceeding with the occupation of a building.
The construction sector under the BSA continues to evolve and change rapidly. At Weightmans LLP, we stand ready to assist clients navigating these challenges and to assist in ensuring compliance. If you want advice on any BSA related issues, please do not hesitate to contact us.
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