Law Society building safety guide clarifies agent and conveyancer responsibilities

Conveyancers shouldn’t give buyers and sellers assurances about building safety remediations unless they are confident doing so, the Law Society has said.

The professional body has released a new guide to help members involved in flat sales and purchases understand the complications created by the Building Safety Act (BSA) 2022.

The legislation introduces a new building safety regime for certain residential buildings, addressing who will pay the costs of remediating buildings.

But conveyancers have been reluctant to take on transactions involving flats due to the extra checks and paperwork required and lack of clarity on responsibility if remediation work has been done or is needed, the Law Society said.

The guide highlights Trading Standards guidance showing estate agents should include details safety issues and the costs of remediation when marketing properties.

It also points to Trading Standards recommendations that where building safety work has already been completed such as remediation to unsafe cladding, estate agents should obtain a copy of the completion certificate.

The Law Society said: “While clients can be informed about any assurances from sellers, estate agents, landlords or managing agents, it is important to clarify and emphasise that you are not providing the assurances yourself unless you are confident in doing so.”

This guide includes information on how to advise buyers and sellers, who pays to remediate buildings and a general introduction to the legislation.

Law Society of England and Wales president Nick Emmerson said: “Our guide will help solicitors make sense of the improvements to the legislation that have been made since it was first introduced. It will also provide solicitors with necessary information to make informed decisions about taking on residential leasehold conveyancing matters where the BSA 2022 applies.

“Created in response to members’ initial concerns about the legislation and developed with government and industry stakeholders, it contains background information and high-level guidance, signposting the key sources of information solicitors need to navigate the BSA 2022.”