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Building Safety Regulator Delays: Litigation on the Horizon?

The UK construction industry is growing increasingly frustrated with delays caused by the Building Safety Regulator (BSR). Established under the Building Safety Act 2022, the BSR is tasked with ensuring higher-risk buildings (HRBs) meet stringent safety standards through a three-stage approval process. However, significant delays—some exceeding 11 months—are threatening project viability and causing financial strain on developers and contractors.

While the BSR attributes much of the backlog to incomplete or incorrect applications, critics argue that the regulator is overwhelmed and unable to cope with demand. These delays, compounded by rising costs and missed deadlines, are expected to lead to legal disputes.

Pranav Bhanot of WYN Legal warns that litigation is inevitable. “The frustration across the industry is palpable, and prolonged delays are making an already challenging environment even tougher. It’s not a question of if, but when we’ll see these issues head to the courts,” he said. Bhanot added that many contracts, drafted before delays were foreseeable, may not adequately account for the disruptions, leading to contentious disputes over liability.




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