We were delighted to be able to present a workshop at this year’s National Federation of Tenant Management Organisations Conference focusing on ‘The Building Safety Landscape: from 2026 and beyond’. 

The workshop prompted lively debate and spotlighted the importance of, and some of the practical challenges related to, building safety, particularly where multiple parties are involved in a building’s management and operation. 

There were several key themes that arose from the workshop: 

• Accurate data – Compliance with legislative and regulatory requirements relies on holding accurate and up-to-date data about homes and those who live within them. Where multiple parties are involved in the management of a building, there should be clear arrangements for how data is going to be collected, collated, verified, shared and updated. Data should be recorded and stored in such a manner that it can be accessed by all those who may need it. Increasingly, building safety relies on a holistic approach, considering the bigger picture, and wider compliance – reviewing data from across teams and business areas will therefore be essential.
• Clear responsibilities – The building safety landscape is developing significantly and becoming increasingly complex. All those parties involved in the management of a building need to ensure they understand their responsibilities and the actions they are required to take. Confusion regarding responsibilities can lead to disagreements and gaps in compliance. 

• Effective communication and cooperation – All parties that input into the management of a building should cooperate with each other so far as is reasonably practicable to facilitate each party’s compliance with their obligations. This may involve working together to complete actions or sharing relevant information. 

  We heard an example at the weekend of a local authority not telling the TMO that it was sending residents communications about its Residential PEEPs process (see our blog here for more information on Residential PEEPs). This was important information for the TMO to be aware of, but more than this, the TMO could have helped the local authority given their closer knowledge of residents and their needs, preferences, etc. Expectations surrounding cooperation and communication can be embedded within contractual agreements and working procedures to ensure clarity amongst all those involved. 

It is very important to note that where a breach is identified, or an incident occurs, regulators and enforcing authorities are likely to investigate all those involved in the buildings, regardless of exactly what any agreements say. 

Everyone involved is likely to be criticised when disputes over responsibilities cause delays in safety and compliance actions. We all saw the references to the ‘merry-go-round of buck-passing’ in the Grenfell Tower Inquiry Phase 2 Report. For this reason, agreements governing the management of buildings should be reviewed regularly and proactively to ensure they remain fit for purpose and support compliance with the current legal and regulatory framework. Carefully considered and drafted agreements can help to resolve confusion, prevent disputes and, most importantly, ensure the safety of residents and those in and around buildings. 

Whilst both TMOs and councils are in some respects constrained by the Modular Management Agreement, which often is silent or severely lacking in respect of building safety responsibilities, there is the option to negotiate amendments to the schedules or side letters, or to implement more informal working procedures (noting there may be issues enforcing these).

If you require any advice on your building safety responsibilities, please do get in touch with us.