The first reported decision on BLOs appeared in 2025. In the last two months alone, two further significant decisions have underlined just how powerful – and far-reaching – these orders are. Crest Nicholson v Ardmore was the first fully contested
More about Building Liability Orders – the net widensWhat is it? The Building Safety Levy (England) Regulations 2025 (the “Regulations“), coming into force on 1 October 2026, introduce the Building Safety Levy, which as the name suggests is a tax, specifically on certain new residential buildings. The aim
More about Are you ready for the Building Safety Levy?Please note that this article only considers VAT issues in relation to overage payments – there are other tax issues which also need to be considered, which are beyond the scope of this article. Key Takeaways For housebuilders, overage can
More about Clarified guidance from HMRC on VAT treatment of overageGovernment had initially consulted on two options in relation to retention reform as part of its wider aims to improve late payment practices generally. Option A – to prohibit retention clauses and Option B – to allow the continued use
More about Retentions: going, going… gone?1. Gateway 2 progress Early indications are that the operational changes to the Building Safety Regulator (BSR) made in the latter half of 2025 are showing signs of cutting through the well-publicised Gateway 2 delays. Statistics released by the BSR
More about Building Safety: what to expect in 2026What happened? The Seller, Henley Developments, obtained outline planning permission for a residential development site in Ebbsfleet, Kent and exchanged contracts to sell one of the development parcels to Weston Homes for £14,500,000. Weston Homes paid a 5% deposit on
More about Termination clauses: start as you mean to finishCorporate structures offer no safe harbour. Recent rulings confirm that associated companies, parent entities and even later acquirers can be held jointly and severally liable for remediation costs – sometimes decades after construction. Judges scrutinise ownership links, financial interdependence and
More about Building Safety Act enforcement – six cases that have redefined liability and riskIn Almacantar Centre Point Nominee No.1 Ltd & Ors v Penelope de Valk & Ors, on appeal to the Upper Tribunal (UT) from the First Tier Tribunal (FTT), the UT has held that: Proving the existence of a “relevant defect”
More about Judicial guidance on defect claims and leaseholder protections under the Building Safety Act 2022A staged G2 application can now be made for new Higher Risk Building (HRB) developments — those over seven storeys or 18 metres — where works will be delivered in stages/phases. Each stage is assessed and approved separately by the
More about Staged HRB building control approvals – updated guidanceIn this video Partners Ed Phillips, Natalie Pilagos (Head of Construction Disputes) and Adam Lynch (Head of Corporate) explain how Building Liability Orders (BLOs) under the Building Safety Act are reshaping contractual and corporate risk.
More about Building Liability Orders and Corporate Risk