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E:Gen – October 2022

Egen Concrete and Sky

Welcome to the latest of E:gen, Winckworth Sherwood’s Regeneration and Development Newsletter. In this edition we look at collateral warranty, Building Safety and Leaseholder Protection updates, Cladding defects, Regulator of Social Housing Annual Stakeholder survey results, changes to the NHBC and much more.

Building Safety and Leaseholder Protections Updates – Remedial Costs Orders & Service Charges

Aspects of the Building Safety Act (BSA) came into force on 28 June 2022 and the supporting Leaseholder Protections Regulation also became effective on 21 July 2022.

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Regulator of Social Housing Annual Stakeholder Survey Results 2022

Following a year’s hiatus due to the pandemic, the Regulator of Social Housing has resumed its usual practice of undertaking an annual stakeholder survey to find out more about issues in the social housing sector from a stakeholder perspective. The survey benchmarks sector satisfaction and, in particular, helps to gauge confidence in the Regulator. Overall, the outcomes of the August 2022 survey have been largely positive, particularly given the backdrop of the pandemic and associated challenges.

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Practical implications of Martlet v Mulalley and cladding defects

has been written about Martlet Homes Limited vs Mulalley & Co Limited. By way of brief recap of the facts, the case related to the refurbishment of a set of 1960s tower blocks, all above 18 metres tall. They were clad in the mid-2000s with a StoTherm Classic render system by the design and build contractor at the request of the Housing Association. Post Grenfell, when the same HA investigated them to ensure they were “safe”, it was discovered that the installation was defective. Later the HA obtained evidence that the StoTherm render system was itself defective.

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National House Building Council changes to insolvency cover

Developers and Registered Providers (RPs), when working together, such as on the disposal of section 106 properties, have an agreed practice in place for the payment and release of deposit monies paid by the RP in order to help facilitate cash flow through the development projects. A policy change from the National House Building Council (NHBC) is set to disrupt this.

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Keys to successful partnerships between RPs and private developers

The recent announcement that Vistry has agreed a bid for Countryside throws into focus the importance of partnerships businesses to both Registered Providers and private developers alike.

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Is a Collateral Warranty a Construction Contract?

The Court of Appeal in a majority decision in Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022] EWCA Civ 823 has held that Collateral Warranties can be “construction contracts” and fall within the ambit of the Housing Grants, Construction and Regeneration Act 1996 (AKA the “Construction Act”).

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