Tidal wave of building safety legislation ‘slightly mismanaged’ by government, says legal expert

Mr London, partner and head of construction and engineering at Devonshires, said he “welcomed the vast majority of it”, but that “the way it’s been done is a little bit chaotic”.

“But it is the law and we have to deal with it,” he told the conference.

Concerns have previously been raised about the late publication of detailed information linked to the act – critical secondary legislation was only published in mid-August, when it was expected months before. 

Just last week, housing secretary Michael Gove announced the intended transitional arrangement for the second staircase policy, though the transition period is long at two-and-half years.

Speaking to Inside Housing, Mr London said: “There is no excuse for dumping all this [legislation] on the sector and industry in one massive lump.

“It should have been done in stages that were more digestible.”

Mr London added that it was “not responsible government”, but that “in fairness… we knew it was coming”. He said the legislation is “necessary and good”.

“But it just means everyone is having to rush around and change things in a way that’s not convenient or co-ordinated.

“I feel very sorry for the small developers, small local authorities and small housing associations,” he said, adding that it will be a “massive uphill battle for them” in terms of resource.

Landlords and councils in particular are also under significant financial pressures from elsewhere.

Mr London’s comments come after it was announced that more than 100 local authorities will be meeting at an emergency summit over soaring temporary accommodation costs. 

Mr London said the cost of the new legislation will certainly affect the number of affordable homes being built. 

He went on to praise Mr Gove for his working on the legislation and said he has shown that he is “competent”. 

Despite the significant amount to new legislation to grapple with, Lee Russell, a partner at Devonshires, told Inside Housing that he believes organisations “do feel ready” for the new regime.

A Department for Levelling Up, Housing and Communities spokesperson said: “Following the Grenfell Tower tragedy, we introduced some of the toughest building safety regulations in the world through our landmark Building Safety Act. 

“We make no apologies for the action to overhaul and strengthen the building safety regime, nor our work to end the suffering for tenants innocently caught up in the crisis. 

“The Act not only empowers residents and homeowners with more rights and protections, it also gives the housebuilding industry a clear framework to deliver more, higher quality and safer homes.”