This gives firms details on what the act contains and what conveyancers should consider.
For example, a Leaseholder Deed of Certificate and Landlord Certificate is needed for buildings that are at least 11 metres or five storeys high, while properties of over 18 metres require a nominated Buildings Safety Regulator. This is someone who is accountable for a property like the freeholder or managing agent, alongside its maintenance and safety.
The nominee is responsible for reducing risk to the property and is required to list the building on a government register. They will have oversight of the property both during construction and when it is built. They will also be responsible for existing properties.
The document covers what is a relevant building, how to determine the height and number of storeys, what defects are covered, who the qualifying leaseholder is, and whether leaseholders are protected from remediation costs.
It also includes frequently asked questions and answers, as well as what conveyancers should consider when working on relevant cases.
The CA will update the guidance when fully implemented in October this year.
Beth Rudolf (pictured), director of delivery at the Conveyancing Association, said: “Given the complexity of the Building Safety Act, the Building Safety Regulations and Fire Safety Regulations, we at the CA decided to create this guidance which combines information available on the Gov.uk website as well as from the Department for Levelling Up, Housing and Communities.
“It is designed to provide a precis of what we feel are the relevant parts of the legislation, and hopefully steers conveyancers in the right direction when it comes to carrying out their work for cases which involve relevant buildings.”
She added: “That said, it is very much a work in progress, and as the industry gets into the practicalities of dealing with these cases and as we learn more about how this is going to sit within our sector, we will update our guidance to reflect any changes.
“The normal disclaimers apply, particularly as the legislation has not yet been tested in Court, but we hope this helps set out the main issues and items which conveyancing firms will need to consider and advise clients on, and to dispel some of the myths out there which are making conveyancers’ jobs even harder.”
