Building Safety

 

Ellisons’ Building Safety Team consists of experienced property and construction litigators, who are here to advise block management companies, leaseholders and freeholders alike on the true cost of safety.

 

 

Lead Contacts

Molly Frankham

Associate Solicitor

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Meet the team

Experienced Property and Construction Solicitors advising on the true cost of safety

Most tall building owners have needed to review the fire protection measures in their buildings following updated government guidance as a consequence of the Grenfell tragedy.

Where remedial work is needed to bring a building in line with Building Regulations, the big question for freeholders and leaseholders alike is – who is responsible for paying for the potentially astronomical cost of bringing buildings up to the new standard?

How can Ellisons help you?

At Ellisons, we have a dedicated Building Safety team, made up of experienced property and construction litigators. Our specialist team recognises that this ever-changing topic means that tailored advice is required to ensure that block managers, freeholders and leaseholders alike know what the true cost of safety is.

We  offer a tailored package of assessment as required, which can deliver the following advice:

  1. The Initial Assessment – Includes a full review of relevant leases, statute and guidance in order to advise who is likely responsible for the costs of fire safety works.
  2. Warranty or Contractor Claims – Our team will assess whether there is scope to pursue any claims against contractors, developers or any other warranty claims in order to reduce the liability on those identified at (1) above.
  3. Compensation Fund/ Replacement Schemes – Advice will be given on whether there appears to be scope to make use of the government’s compensation fund and, if so, whether any other claims must be pursued before it can be accessed. If the scheme is no longer in existence, we will provide advice as to any replacement schemes.
  4. Recovery of costs – If it appears there are no warranty claims and the government funds are not available, we can guide you through recovery of the costs via service charges. This will require careful adherence to relevant statute to ensure all costs are properly claimed.

If you consider that you would benefit from understanding more about building safety obligations, please do not hesitate to get in touch with our Building Safety Team here or individually – Ian Seeley, Kaileigh MoretonMolly Frankham, Sam Cook.

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We offer a tailored package of assessment as required, which can deliver the following advice:

INSIGHTS

Insights

7th March 2024

Recovery of Litigation Costs via Service Charge and the Scope of Expenditure Clauses

In the recent case of 89 Holland Park (Management) Limited v Dell & Dell, the Court of Appeal refused to

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Insights

26th February 2024

Mistry and Ors v Wallace Estates Limited – remediation orders and a question of relevant defects         

 Case law is now starting to trickle through and currently, in the spotlight, are the First-tier Tribunal (FTT) cases concerning

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23rd February 2024

Van Herpen v Green and Green – The provision of Gas Safety Certificates and associated Building Regulations Compliance Certificates

Background – Van-Herpen v Green and Green (2023) This case concerned a claim by a landlord for possession on the

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Pattern

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