Recent case serves as a warning for failing to obtain a building regulations completion certificate

In the recent case of Health and Safety Executive v Integritas Property Group (IPG) Ltd [2025] the Health and Safety Executive (HSE) as the Building Safety Regulator (BSR) under the Building Safety Act 2022 (BSA), sought a court injunction to prevent immediate occupation of a student accommodation building because it had not been granted a building regulations completion certificate.

Background

Integritas were the owners and developers of a 244 room student accommodation building in Newcastle-under-Lyme, known as Deakin’s Yard. The building is at least seven storeys and is more than 18 metres in height, it is therefore classed as a “higher risk building” under section 65 of the BSA. Previous inspections of the building by the BSR revealed problems with “workmanship, the inadequacy of cavity barriers, and fixing of brickwork starter bars”, resulting in a contravention notice being issued on 22 March 2024. The defects were not addressed and ultimately building control approval was cancelled via a cancellation notice on 11 July 2024. This meant that building work was required to cease immediately until an application for building control approval was submitted to the BSR. Works however continued on site, resulting in a Stop Notice being issued on 21 October 2024.

Despite acknowledgments by Integritas that it would be a criminal offence to occupy Deakin’s Yard, or to cause it to be occupied without a building regulations completion certificate, in line with section 35 of the Building Act 1984 and sections 76 to 77 of the BSA, Integritas advertised the building for rent in Summer 2025. The BSR therefore sought an injunction to prevent occupation.

Decision of the court

It was questioned whether the HSE / BSR had standing to seek the injunction (the court noted it would ordinarily be the local authority who handled building control or planning matters). The court was asked to consider whether the HSE / BSR is the lead regulator in light of the BSA, and therefore should be considered the relevant authority to seek an injunction of this nature. The court considered there was an arguable case that the HSE / BSR had standing to seek an injunction to prevent a criminal offence and interference with the HSE and BSR’s statutory duties. The court therefore considered the HSE / BSR had sufficient standing, but noted that it would need to be considered carefully on the final injunction.

As to the granting of the injunction itself, the court agreed to grant the interim injunction since there was a “real” risk that Integritas would otherwise cause the rooms to be occupied, which would “give rise to criminal offences and a risk to those who are in the property”. Due to the safety concerns, in particular fire risks, it was deemed that damages were not an adequate remedy for the failure to obtain a building regulations completion certificate.

Key takeaways

There are two key points of interest:

1. On the HSE’s and BSR’s standing to seek an injunction

This is understood to be the first time the HSE and the BSR has sought such an injunction in the exercise of its regulatory function under the BSA.

The BSA does not expressly grant the power or right to obtain injunctions of this nature to the HSE and against that context, the point that it has been acknowledged that the HSE is the “lead regulator” and is therefore within its rights to seek an injunction, is something which clearly swayed the judgment on an interim basis and should therefore be noted.

A return date for the final injunction is awaited. It remains to be seen whether the court will decide that applying for injunctions of this nature is within the remit of the HSE.

2. On the granting of the injunction

The court’s approach, and indeed the actions of the HSE and BSR, demonstrate the ongoing importance placed on building safety risks. The HSE and BSR is utilising all options at its disposal to ensure the building regulations completion certificate is appropriately obtained, and, so far as possible, buildings are free from defects before being occupied.