Building Safety Act 2022 & structural warranties

[Dreadnaught]

Will the "Building Safety Act 2022" impact us self builders? Do I need to rush out and buy a warrant for my part-completed new build bungalow? 

 

https://www.legislation.gov.uk/ukpga/2022/30/contents/enacted

 

• Section 142 requires a structural warranty, with penalties for non-compliance.
• Section 138 defines a new build home as "a building the construction of which began after the coming into force of this section" so I assume it won't apply to my build as it has already started construction.

 

… but … this  new legal requirement for a structural warranty might affect us in that all mortgage providers and conveyancing solicitors may routinely demand a warranty in practice, even more so than they do already. It may become the norm.

 

Here is an article from Grand Designs magazine …

 

[PeterW]

1 hour ago, Dreadnaught said:

Here is an article from Grand Designs magazine …

 that’s an advertorial not an article …

 

And it’s scathing of Building Control in general ..! Not sure my RICS registered BCO would agree with them !! 

[SteamyTea]

Is this it?

 

https://www.legislation.gov.uk/ukpga/2022/30/contents/enacted

[Mr Punter]

The MAXIMUM fine is £10,000.  This makes the 10% figure in the advertorial unrealistic unless the home costs less than £100,000.  The average new build in England is a little over £400,000 so the fine would be a MAXIMUM of 2.5%.

[CalvinHobbes]

Yikes we weren't going to get one since we intend to stay there forever! If we dig a trench for the tcu or demolish in December would that mean it wouldn't apply to us? (We will have a structural engineer visiting us several times as will building control).

Edited November 18, 2022 by CalvinHobbes

[kandgmitchell]

Not at all sure this will apply to self builders. Section 144 which imposes new building warranties starts with, "this section applies where a person (the developer) carries out a development in England that results in the creation of one or more dwellings"

 

Paragraph 6 then effectively defines "carries out a development" as construction of a building with a view to "granting of or disposing of relevant interests in one or more dwellings" i.e selling the dwelling on to a purchaser.

 

It appears therefore that if you are not building the dwelling with a view to selling it to a third party then there is no statutory obligation to obtain a warranty. I presume that will not prevent you selliing it on in the future once you have lived in it. How long the gap would have to be will only be tested should a case get to court. I would have thought the secretary of state would be unlikely to pursue an individual in the first place and then only if they could "beyond reasonable doubt" show you had no reasonable excuse to sell on without a warranty. I'd say if you've lived in it a year, hate the area or divorce the partner and decide to sell up the SofS isn't going to come after you!