Building Safety Act may impact Manchester's skyline

As the Manchester skyline continues to evolve, a growing concern has emerged regarding the impact of the Building Safety Act on the city’s high-rise construction boom. According to Harriet Atkin, a partner in the construction team at Clarke Willmott LLP in Manchester, the new legislation, introduced in response to the Grenfell Tower tragedy, may bring “lengthy delays” that could significantly affect the city’s housing projects.

In the last decade, a remarkable transformation has taken place in Manchester, with an influx of high-rise towers reshaping the skyline. Glenbrook's recent approval for a 44-storey residential building on Whitworth Street West signifies the ongoing ambition for urban development, which has also seen the establishment of other impressive structures such as Beetham Tower, Vista River Gardens, and the Deansgate Square South Tower, the tallest building outside London.

However, Atkin warns that the required compliance with the Building Safety Act could stall future developments. She adds that the new legislation requires developers to navigate three critical safety gateways, a process that has resulted in a bottleneck at Gateways 2 and 3 due to a shortage of resources and the submission of incorrect applications. “The rejection is like the dreaded fall down the snake in the game of snakes and ladders,” she notes, highlighting the frustrations faced by applicants.

The Building Safety Regulator (BSR) is working to improve approval processes with the introduction of an advisory service aimed at clarifying building regulations. Unfortunately, the BSR recently missed a deadline to clear the backlog of Gateway 2 approvals, leading to over two-thirds of applications remaining unapproved. Additionally, a new building safety levy may add further financial pressure on developers to remediate safety defects, including the replacement of unsafe cladding.

Atkin remarks that while construction continues in central Manchester, the already approved plans are likely from earlier proposals before the latest regulations took effect. “The city has seen a high-rise residential boom... but this could slow down noticeably now,” she warns, as additional pressures mount on development timelines.

For those facing delays from the BSR, Atkin advises considering a non-determination application under Section 30A of the Building Act 1984. Although this route allows an application for consideration by the Secretary of State for Levelling Up and Housing, it lacks a statutory timeframe for resolution, potentially resulting in another protracted bureaucratic process.

As the situation evolves, Atkin suggests that developers explore inventive options and strategies to navigate the challenges posed by the Building Safety Act effectively. Clarke Willmott’s construction team has proactively assisted clients in identifying ways to expedite their applications, emphasising the importance of addressing risks from the outset in relevant contracts.

For further insights on navigating the complexities of construction law amidst these changes, individuals can visit Clarke Willmott's website or reach out directly to Harriet Atkin for more advice.

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