The Chartered Institute of Legal Executives (CILEX) says building safety regulations are inadequate and will put government plans to deliver 1.5 million new homes at risk unless they are urgently reformed.
Implementation of the Building Safety Act has created ‘a minefield’ for conveyancers if the building is more than five storeys or 11 metres tall, the organisation has said, with uncertainty around interpretation of the regulations leading to ‘significant practical barriers’. The delays and ongoing issues have led to some conveyancers refusing to advise on affected transactions, CILEX added.
Members who do want to advise on, or certify compliance with, affected buildings struggle to secure adequate professional insurance, the organisation said. ‘This is because insurers see unacceptably high risks in lawyers navigating their clients through such a complex regime’.
“Such exclusions in PII cover a systemic risk to the market with conveyancing professionals forced to decline instructions, restricting access to legal support. This in turn delays or prevents the sale and development of affected properties, particularly in the case of multi-unit dwellings, leaving developers and homeowners in limbo.”
The comments were made in response to a House of Lords Industry and Regulators Committee inquiry into the effectiveness of building safety regulations and the role of the Building Safety Regulator.
CILEX is calling for practical and definitive guidance on legal responsibilities under the Building Safety Act and related instruments, formally endorsed by the government, to instill confidence in stakeholders, enable better risk management and increase the availability of PII for conveyancers.
‘Any accompanying regulatory adjustments should be proportionate and risk-based to allow housing developments and transactions to be carried out safely, without unnecessary barriers’, the organisation said.
‘The government has ambitious targets for the provision of new homes but the current regulatory regime around building safety risks inadvertently supressing supply’, said CILEX president Sara Fowler.
“While is vital that we ensure all homes are safe, at present the system is unclear, inflexible and fraught with delays. A lack of PII cover prevents legal professionals from providing the services needed to enable the development and sale of affected homes and a failure to provide definitive guidance on legal responsibilities risks eroding trust in the legal profession to uphold public safety.
“We would like to see urgent reforms that remove barriers and provide certainty for the sector.”
