Introduction
Welcome to this Building Safety special edition of Construct.law. In this update, we:
- provide a horizon scan of building safety related legal changes expected over the next year;
- examine the challenges and practicalities of the new gateway regime for higher‑risk buildings, including:
- the steps the Building Safety Regulator is taking to unblock the gateways;
- strategies to secure Gateway 2 approval;
- what to expect between Gateways 2 and 3; and
- tips for securing your completion certificate at Gateway 3;
- report on a rare decision in which a party successfully invoked the residential occupier exception under the Construction Act to challenge an adjudicator’s jurisdiction in a smash and grab adjudication;
- summarise two of this year’s most significant Court of Appeal decisions on building safety—Triathlon Homes LLP v Stratford Village Development Partnership & Get Living plc, and Adriatic Land 5 Ltd v Leaseholders at Hippersley Point;
- assess the Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 and their implications for the living sector ahead of commencement on 6 April 2026; and
- consider two key publications from the Welsh Government:
- the Building Safety (Wales) Bill, implementing occupation‑phase provisions of the Building Safety Act for regulated buildings; and
- a consultation on the new building control regime for higher‑risk buildings and wider changes to the Building Regulations in Wales.
Kevin Forsyth Editor
Partner Construction, Engineering & Projects +44 (0)20 7427 6413 kevin.forsyth@crsblaw.com