Does the Building Safety Act 2022 remove the value of building warranties? —Construction Law
Property litigation partner Pauline Lam and dispute resolution partner Mark Fletcher have co-written an article with Aaron Walder of Landmark Chambers in Construction Law on whether the Building Safety Act 2022 undermines the value of new build warranties.
The piece analyses a recent First-tier Tribunal decision in The Central, 163–165 Iverson Road, where the tribunal granted a Remediation Order despite insurers previously accepting liability under a warranty. The decision raises wider concerns about how insurers may now avoid liability due to the leaseholder protections introduced by the Act.
The suggestion that the BSA has the effect of discharging insurers from liability, even where they have accepted this, is seriously alarming to not only landlords, but leaseholders and lenders who rely on the existence of new build warranties.
The full article is available to read in Construction Law, June 2025 edition and is available to read as a digital PDF.
Pauline Lam is a partner in the property litigation team. She advises developers, institutions, businesses, charities, management companies and high net worth individuals on property dispute resolution and avoidance, with an increasing focus on cladding and building safety disputes. Mark Fletcher is in the dispute resolution team, advising individuals, charities and businesses on a wide range of disputes including on legal issues that arise on property development, construction and service delivery projects.
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