In The Press

Duncan Lewis Solicitors’ Director of Housing Law, Hassan Dervish, has been featured in Construction News, where he provided commentary on the recent First Tier Tribunal ruling that challenges current government guidance on roof gardens in high-rise buildings. This tribunal decision has sparked significant debate over safety classifications under the Building Safety Act and may have implications for developers and property managers.

The tribunal case focused on Smoke House and Curing House in Hackney Wick, where a leaseholder sought the removal of cladding and combustible materials. The ruling marked the building as a higher-risk building (HRB) based in part on its rooftop garden, a classification not currently supported by government guidance. This has raised questions regarding which rooftop structures should be considered in safety assessments.

Hassan Dervish highlighted the potential impact of this decision: “This ruling sets a significant precedent in determining how rooftop structures like gardens contribute to the overall risk profile of high-rise buildings. In classifying them as an additional storey, the tribunal has effectively expanded the criteria for what constitutes a 'higher-risk' building.”

He noted that this shift could add financial burdens for developers and property managers who may need to revaluate high-rise buildings with rooftop structures. However, with further legal challenges likely, Hassan emphasised that enforcement may be delayed until a final decision is reached.

The full article can be read here: MHCLG: Follow previous guidance on roof gardens for now

About the Author

Hassan Dervish is a Director within the Housing department at Duncan Lewis Solicitors. With more than 20 years of post-qualification experience, Hassan’s specialty lies in all aspects of housing litigation and tenant/landlord disputes. Hassan has experience acting for both landlords and tenants in matters including adverse possession, possession and forfeiture proceedings, service charge disputes, disrepair, bringing and defending injunctions, boundary disputes, property nuisance/negligence claims, and injunction and committal proceedings.

For advice or assistance on a Housing matter, contact Hassan via email at HassanD@duncanlewis.com or by telephone at 02079238521.

Duncan Lewis’ Housing Team

Duncan Lewis' Housing team, ranked by The Legal 500 directory as a Top Tier practice for its services, offers both publicly funded (legal aid) and privately funded legal services from 14 key offices nationwide. Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. With a niche expertise in unlawful eviction, disrepair and homelessness matters the team offers representation in all proceedings including reviews, appeals and judicial review proceedings.

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The award winning company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the prestigious Lexis Nexis awards 2024.