Building Safety Act 2022: impact on real estate and development structures and finance

Special purpose vehicles (SPVs) are used specifically to ring-fence liabilities. In the construction industry it is common for SPVs set up to complete a particular development to be wound up after completion of the development. Where an SPV (whether it is a developer contractor or landlord) is insolvent or has been dissolved claimants in relation to building defects or safety issues can be left with no recourse.

In part to address this gap the Building Safety Act 2022 (BSA 2022) introduced fundamental reforms to the law of building safety. Certain provisions of BSA 2022 effectively “pierce the corporate veil” to allow claimants additional recourse to associates of the originally liable party.

The relevant provisions of the BSA 2022 will be of interest to funders since: (i) a question arises in the context of...