FAQs (Frequently Asked Questions)

Added 15 Nov 2024

The Building Safety Act requires a huge amount of documentation and information be obtained to facilitate occupation and management of a safe building over 18m in height.

Construction of Greenside began before October 2023, which was when the BSR Gateways were introduced for new build schemes. Whilst Gateway 3 is not required on this project, we are legally required to register the building with the Regulator before we can occupy.

We will then need to prepare a report called a Building Safety Case which shows evidence that the building is safe. Therefore, we need to make sure we have all the information about the building so we can provide this evidence.

Resident safety is our top priority, so we won’t occupy a building until we have this evidence. This is why we are anticipating a 6-month period for BSR registration of Block B.

 Added 7 August 2024

The last update before our meeting on 30 July advised that Mulalley anticipated practical completion on 27 August, with Building Safety Registration to follow in September. This would have allowed for handover in mid-September and occupancies from late September. We emphasised that this timeline was uncertain and subject to change, but we shared it in good faith. 

Just before our meeting, we were advised this was no longer possible. Further delays for Mulalley had resulted in a change to the forecasted completion date on site. We've asked Mullaley to clarify the cause of these delays and provide a detailed programme of outstanding works. 

Currently Mulalley is forecasting to complete the site’s building work by the end of September. However, the Section 278 works (forming a crossover to the pavement outside the site’s boundary) requires technical sign off from LB Wandsworth’s Highways department, which is currently still outstanding. We are working to deliver an interim solution that will still allow access to the building, without the work being complete, but need to ensure that it satisfies fire safety measures.

Alongside this, we need to register the building with the Building Safety Regulator (BSR). This is statutory body that has only been in existence since October 2023, and we have yet to complete a registration. With this in mind, we have decided to provide a cautious view on how long this may take, acknowledging the significant amount of information and paperwork that is required for a submission, whilst also not having the experience to confirm how long more accurately the Regulator may take to register and review it. 

Therefore, we believe it best to inform you of a potential worst-case scenario of a further six months. It's not our intention to delay occupation but six months does enable many affected by the latest delay to renew or extend tenancies with more security. Our intention is still to obtain the relevant practical completion and handover for occupation as quickly as possible.

We indicated two primary factors contributing to the anticipated delays: our limited control over the contractor achieving practical completion by the end of August, and uncertainties surrounding the timely provision of necessary documentation for Building Safety Registration. 

The NHBC have confirmed that Block B must be handed over as a complete building. We’ve decided to factor in a six-month delay after practical completion to allow for the building safety registration process.

Block C can be offered in sections, provided Mulalley can demonstrate it’s safe to do so from a fire compliance point of view (ie safe access and egress) and NHBC sign off. Mulalley have undertaken to provide an update in 2 weeks' time (ie by the 4 Sept update).

The crossover works form part of the fire strategy as fire trucks need safe access to the rear of the development. The approval of the technical submission to allow the main crossover works continues to be a challenge for Mulalley and remains one of the main causes of a potential delay to occupation.

Our primary focus is on fulfilling our obligations to you and to do this, we’re working with the contractor to ensure they complete the work to the standards we require. 

Providing a six-month timeframe for lease extensions offers those with tenancies a degree of certainty during this uncertain period. Given the challenges identified in the first question, this is currently the most reliable estimate we can provide. 

We will keep you updated on the progress of the works and BSR submission on a fortnightly basis. Once we’re confident in the submission’s contents and have made the application, we’ll be in a better position to give greater certainty on how long the delay will be. 

We’ll also update the Key milestone tool on the webpage, whenever a milestone is achieved. 

Mulalley has not provided us with an updated plan showing how the remaining works are to be completed. As we near completion (dated 21 August 2024), outstanding works include:

• Commissioning of plant and equipment
• Snagging and de-snagging of internal flats
• Completion of external works (car park ramp, hard landscaping fronting Alton Road, rear gardens of shared ownership flats)
• Water ingress remediation
• Snagging and de-snagging of external works 
• s278 works

We sought assurance from our internal programme planner to assess works against the programme. He has advised that mid-October is a realistic completion date. 

For the latest details of outstanding works on site, please refer to the fortnightly updates. 

Until the scaffolding was taken down, Mulalley was unable to progress the external works at the front of the site. This is now underway.

Wandsworth Council Housing Department are fully aware of the issues and the delays to completion, and we are keeping them regularly updated.

The BSR requires a substantially greater amount of information than we originally required Mulalley to provide through the contract. This is because their build contract pre-dates the introduction of these regulations.

Because they’re not contractually obliged to provide all the documentation, we’ve decided to take a cautious view of how long it might take to obtain it. 

Matt is employed by SH (Southern Housing) as our employer’s representative to oversee and administer the build contract with Mulalley.  

Site progress meetings are monthly. The Clerk of Works visits the site weekly.

We’re at the stage of the project where the CoW is providing snagging lists of their visual inspections of the properties and communal areas. These are summarised in the fortnightly updates. 

Progress updates on the external works and the status of the compliance documentation will also be provided in the fortnightly updates. 

Added 16 Oct 2024

Yes. Our EA can issue PC before the s278 works are complete. Wandsworth Council has given permission to occupy the 54 shared ownership flats before completion of the highways works. The Extra Care flats cannot be occupied until the highway works have been installed in full and to the Council’s satisfaction.

Added 4 September 2024 

Virgin Media visited Greenside development on the 23 August to assess the works required. 

They raised concerns over the potential parking restrictions and road closure the Council may require before they will issue a permit for the works to take place. 

The timeline for this relies on the completion of the following sequence of actions:  

• Virgin Media to submit a Traffic Management Plan (TMP) to the Council
• Wandsworth Council to approve and issue a permit. 

Until the Virgin Media works are completed, Mulalley are not able to progress s278 works (see Glossary). 

21 August 2024

Virgin Media are visiting site on 22 August to assess the works required to lower their cabling. After this, Wandsworth’s Highways department will need to issue a permit for these works to take place. The permit is required to allow temporary closure of the pavement.

The lowering of the cables needs to happen before crossover works can take place. Highways have requested a further amendment to the drawings submissions for the crossover works. This will need technical approval by the council’s highways engineer before a permit for works can be issued.

Added 4 September 2024

Mulalley believe that following heavy rain, ponding water was flooding the level access thresholds, bypassing the waterproofing layer (see also Update dated 4 September). 

To combat this, they are proposing to reduce the ground level by approximately 150mm and reinstate the paving on raised stands. This will give level access and create a void under the paving that will allow the existing drainage to better handle localised ponding. 

This solution needs to be fully designed and signed off with the building warranty provider NHBC, but it looks to be a comprehensive solution. 

21 August 2024

Mulalley have identified a design issue to the lower ground floor of Blocks B and C causing water ingress. This is being investigated by Mulalley and we will also invite our technical team to inspect and comment. 

The damp proof membrane installation was stripped back to allow Mulalley to carry out a full investigation into the cause of the water ingress. It has been established as a design issue and Mulalley are due to update us on a plan for the remedial works within the next fortnight.

Mulalley as the Principal Contractor is responsible for the investigation and remediation of the water ingress. Our Clerk of Works and Employers Agent will be witness to further testing carried out by Mulalley. Until the design issue and rectification works have been addressed, we will not obtain Building Control and Gardener Partnership will not be able to issue PC.

For flats B01 and B02 these must be completed before the NHBC will issue their sign off as Block B is a High-Rise Building.

We are working with Building Control and Mulalley to understand whether we will be able to occupy the flats above the ground floor before the leak is rectified. We will provide an update in the next fortnight. 

Registering with the Regulator will only take around one week. However, we must then provide a full suite of documentation within 28 days of registration. The Regulator is not able to influence how long it takes us to gather that documentation. 

We must therefore be confident we can provide all the required documents before we register Block B with the BSR. The risk we have if we register before we have everything, is that we're unable to obtain key documents from our contractor within the required timeframe.

We're working with our contractor to make sure these documents are provided in a timely way, but they're not legally bound to provide them until practical completion (see also 'Can you clarify how long it takes...' above). 

Added 16 October 2024

No, there’s no issue we’re not being open about. We’ve been as transparent as we can be with what is a complex and technical issue. We’ve taken the unusual step of giving fortnightly project-based updates on the webpage. This is not usual practice. We’re making this exception because we understand how difficult the delays are for buyers and want to make sure you have the information you need to make decisions in your own best interests.

It was withdrawn because Mulalley’s architect submitted an incorrect application (2024/1669) which needed to be rectified. 

The case officer dealing with the application at the council confirmed that the application submitted by the architect did not need to be a s73 application (previously known as a Minor Material Amendment). It was therefore withdrawn in favour of the lesser NMA (Non-Material Amendment) or s96a. This was approved under reference 2024/1791.

The effect of this NMA was to allow occupation of the Shared Ownership homes prior to the s278 highway works being complete. 

The S73 was not required for this amendment as it had no impact on the planning approved development. A material amendment would be something like changing a façade of a building from cladding to brick or changing windows from wood to aluminium.

The approved NMA (2024/1791) has a timeframe that requires the Section 278 works to be completed by the end of September. We are therefore working with the council and Mulalley to expedite the matter.

See Glossary for more information about some of these terms. 

The fence will be a timber fence as installed in the upper garden area.

We are giving buyers as much information as we can, according to the information available to us. We anticipate PC will be after Christmas. This is because we do not think it can be achieved before Christmas.

We have not given specific dates for occupation because there are still too many variables to take into account. We are including a Timeline to occupation in our updates to indicate what we are basing our estimates on for each block. For example, our update of 13 November said:

We expect to take handover of the whole of Block C in one go although, if necessary, the lower ground floors affected by the water ingress may follow later.

Occupation of Block B will take place after we have collated and validated all the documents required for BSR and for the Regulator to review and approve the submission. Some of these documents will not be available until PC. 

As we approach PC, we will have a clearer idea how much of the documentation remains outstanding. We have previously estimated it may take up to six months.

When we have further information that will assist buyers in making decisions about their circumstances, we will share this. In the meantime, we advise you to prioritise securing your current housing arrangements.

Should your tenancy come up for renewal, please contact us so we can discuss the best course of action. Where agreed, we will work with your tenancy terms if we are able to take handover at an earlier date [added 15 Nov 2024].

We are working tirelessly to get the development finished and ready for occupation as quickly as possible. We will take into consideration current accommodation circumstances / mortgage status when agreeing completion dates. This is how we will manage notice periods and move in dates, once we have accepted handover of each block.

We are not able to prioritise or speed up handover of individual flats prior to PC [for clarity, we have edited the Update dated 13 November to include this point].

The as-built Fire Safety Strategy forms part of the compliance matters that need to be signed off prior to PC being issued (Question added 16 October) . 

Yes, Block C can be occupied once we obtain practical completion. 

All blocks have to be signed off by building control, with building warranty CML’s (Council of Mortgage Lenders). This enables them to be issued with practical completion certificates and other important compliance documents. 

Once we have these documents, we will register Block B (which is over 18m) with the BSR. 

Summary:

• Block C can be occupied once we obtain practical completion.
• Block B – is subject to building registration after practical completion (so cannot be occupied until we receive sign off from the BSR)
• Blocks A & D – these are the Extra Care homes. Once we obtain practical completion there will be a 3-month period for the care provision to be set up with the Council. 

Block C can be occupied in sections once we obtain practical completion.

The Government has announced that as of April 2025, the stamp duty land tax thresholds will change. The thresholds will vary based on individual circumstances. There will also be differences in the way buyers have elected to pay stamp duty that will determine whether any stamp duty is paid at the point of purchase. We will not cover any increased costs relating to stamp duty for this reason. 

We advise you to consult with your solicitor for advice on whether your stamp duty cost will increase if there is a delay into April. The advice will depend on your individual circumstances and on how you have elected to pay.  

We’ve investigated this. Our Commercial Team, who manage our private rental homes don’t have any available properties. Our Lettings team, who manage homes for social and intermediate rent advised that homes are let on a points system and through nominations from the local authority. This means we’re not in a position to offer support with temporary accommodation.

Southern Housing is not able to contribute towards rent or mortgage costs. We are supporting costs associated directly with the delay such as storage, mortgage extension costs and mortgage renewal costs including valuation.  

We’re not contributing to monthly cost changes as a result of obtaining a new mortgage offer, nor will we contribute towards regular living costs such as utility bills or rent.