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June 03.2025
2 Minutes Read

Understanding Roof Garden Regulations: Why They’re Not Considered Storeys

Modern roof garden with seating area and greenery, roof gardens not a storey.

Roof Gardens: A Growing Trend in Urban Architecture

As cities increasingly adopt green building practices, roof gardens are becoming a popular feature in urban architecture. These tranquil spaces not only enhance the aesthetic appeal of buildings but also offer multiple ecological and health benefits. However, recent legal clarifications have left many stakeholders in the building and construction industry questioning how roof gardens fit within the regulatory framework.

The Legal Status of Roof Gardens Explained

The Ministry of Housing has clarified that roof gardens do not count as storeys under the Building Safety Act 2022. This distinction comes at a crucial time as regulations around higher-risk buildings tighten. According to the Act, structures with at least two residential units and certain height specifications must gain approval from the Building Safety Regulator (BSR). By affirming that roof gardens should not be classified as additional storeys, the Ministry aims to mitigate bureaucratic hurdles for developers and building owners.

Impacts for Builders and Homeowners

For builders, the clarification simplifies the approval process, meaning projects that incorporate roof gardens can proceed with fewer complications. Homeowners are similarly buoyed by the news, as they can confidently invest in green spaces on their rooftops without a heightened risk of falling into complicated regulatory requirements. That said, there are still considerations to keep in mind regarding structural integrity and safety practices.

What This Means for Future Projects

As this path clears for incorporating green design elements like roof gardens, construction professionals are encouraged to pursue sustainable building practices that align with modern regulatory frameworks. This is not just an opportunity for compliance; it’s a chance for innovative architectural designs that can enhance property value and community well-being.

Green Future Ahead

Ultimately, the classification of roof gardens represents more than just a technical detail—it's a nod towards fostering greener cities and sustainable living. As urban areas grow denser, the ability to utilize rooftops for green spaces can enhance biodiversity, improve air quality, and provide much-needed respite in the bustling urban environment. The current guidelines pave the way for vibrant, sustainable urban landscapes.

Building & Construction Law

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10.23.2025

Groundbreaking Supreme Court Ruling Could Revive Housing Development Under Nutrient Neutrality Laws

Update A Game Changing Ruling for the Housing Sector The recent Supreme Court ruling in favor of CG Fry & Son Ltd. marks a significant shift in housing development, especially concerning the controversial nutrient neutrality rules. This decision could catalyze the construction of thousands of homes that had previously been stalled due to regulatory hurdles. The developer had initially received planning permission for a project in Somerset but faced delays due to new environmental guidelines regarding nutrient levels in water systems. Understanding Nutrient Neutrality and Its Challenges Nutrient neutrality aims to prevent development from exacerbating high levels of harmful nutrients, primarily nitrates and phosphates, in sensitive ecosystems. Although well-intentioned, the implementation of these rules has caused significant gridlock in the housing sector. CG Fry's case underscores how changing regulatory landscapes can create uncertainties for developers, making it difficult to navigate complex legal frameworks. Legal Experts Weigh In: Future Implications Experts in construction law are already commenting on the broader implications of this ruling. It not only clears the path for CG Fry's stalled projects but also sets a precedent for future developments. Legal professionals are closely monitoring the aftermath, especially as other developers might seek to leverage this ruling in similar circumstances. However, future legislation, such as the proposed Planning and Infrastructure Bill, could complicate matters again if new regulations are introduced. The Emotional Toll on Developers For many small and medium-sized developers like CG Fry, the emotional and financial strain caused by prolonged legal battles cannot be understated. As highlighted by Philip Fry, the managing director, the costs associated with delays could deter many from entering an already challenging market. This ruling offers a glimmer of hope, but it also serves as a reminder of the turbulent realities of navigating the construction law landscape. What This Means for Future Housing Developments The Supreme Court's ruling is expected to have immediate and significant effects on the planning and approval of housing projects throughout the UK. With developers now potentially able to resume work on projects that faced stagnation, the long-term prospects for housing accessibility could improve. Additionally, local governments and planning bodies will need to reassess their policies in light of this ruling, ensuring that future development aligns with both environmental protections and housing needs. This is a pivotal moment for the construction industry, filled with potential opportunities for growth and a renewed focus on responsible development. As the legal landscape shifts, it is crucial for homeowners, builders, and facility managers alike to stay informed and engaged in conversations around building and construction law.

10.09.2025

Discover the Newly Available International Arbitrators List for Construction Disputes

Update The Return of Specialist Arbitrators in ConstructionAfter a hiatus of over 25 years, the International Construction Arbitrators Association (ICAA) has stepped in to fill a critical gap in the construction industry. This newly launched directory offers a reliable list of international construction arbitrators, helping parties in cross-border disputes navigate complex legal waters with confidence.Why Arbitrators Matter in ConstructionIn construction projects, disputes can be a major hurdle, often leading to budget overruns and delays. The key to mitigating these issues lies in the expertise of the arbitrators involved. ICAA’s founding members, including notable figures like Sir Robert Akenhead and Mohamed S Abdel Wahab, exemplify the high standard expected of arbitrators specialized in construction law. Their experience in international arbitration enhances the credibility and effectiveness of dispute resolution.Understanding the Role of the ICAAThe ICAA aims to bridge the gap left by the FIDIC, which discontinued its list of construction arbitrators in 1999 in favor of adjudication services. As Edward Corbett, one of the founders, notes, “Construction is a very specialist field; it needs specialist arbitrators.” The ICAA’s curated list primarily features construction judges, lawyers, and engineers with extensive industry knowledge, ensuring that disputes are managed by those familiar with the intricacies of construction law and contracts.The Future of Construction ArbitrationReflecting on the launch, Jim Perry, a US construction lawyer in Paris, highlights how the right arbitrators instill confidence in both contractors and employers. Aarta Alkarimi, another co-founder, emphasizes that understanding the construction industry is critical to resolving disputes efficiently. The ICAA also plans to engage and mentor younger arbitrators, paving the way for a new generation of professionals equipped to handle construction arbitrations effectively.Available ResourcesThe list of expert arbitrators is available online at the ICAA’s official website, providing construction firms, legal practitioners, and even homeowners with a vital resource when disputes arise. Whether you’re navigating construction law or seeking advice on contracts, having access to reputable arbitrators can make all the difference in achieving a fair resolution.

09.29.2025

Vijay Bange Becomes New Head of Construction Law at Irwin Mitchell - What You Need to Know

Update Vijay Bange Takes the Lead at Irwin Mitchell's Construction Team Irwin Mitchell, a major player in the legal services sector, has announced the appointment of Vijay Bange as the new head of its national construction and engineering team. With over three decades of experience in various leadership roles, Bange is set to steer the firm's expansion efforts while bolstering its capabilities in building and construction law. Bringing a Wealth of Experience Bange’s extensive background includes senior leadership positions at Trowers & Hamlins and Pinsent Masons, where he honed his skills in key sectors such as residential and commercial property, infrastructure, and energy. Most recently, he was the construction lead partner at Duane Morris, where he contributed significantly to the international arbitration division. His diversified expertise positions him as an invaluable asset in navigating the complexities of construction law and contracts. Focus on Growth and Client Value Expressing his enthusiasm for his new role, Bange stated, “I’m thrilled to join Irwin Mitchell at such an exciting time of growth. The opportunity to shape and grow a national team, while leveraging my international network, is something I’m looking forward to.” This sentiment was echoed by Guy Sackett, the national head of real estate at Irwin Mitchell, emphasizing how Bange's leadership and sector knowledge will help deliver enhanced value to clients, especially amidst the ongoing evolution of construction and engineering projects in London. Enhancing Legal Services for Construction Clients The appointment follows a significant phase of growth for the firm, notably with the recent recruitment of construction disputes partner Alex Delin from Fieldfisher. This addition of leadership talents signifies Irwin Mitchell’s commitment to providing comprehensive legal services tailored to the needs of construction firms. Their aim is to offer solid advice on all areas of construction and architecture law, whether negotiating contracts or resolving disputes efficiently. Why This Matters for Homeowners and Facilities Managers For those involved in project management, whether in residential constructions or office facilities, having access to an experienced legal team is crucial. Firms like Irwin Mitchell, now under Bange's leadership, are positioned to address various legal issues related to construction law, ensuring that both legal compliance and project success are prioritized. This is especially important for homeowners and facilities managers who want to stay updated on the latest developments in this fast-evolving field.

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