The Building Safety Regulator (BSR) secures an interim injunction

In Health and Safety Executive (HSE) v Integritas Property Group Ltd (IPG) [2025],the Technology and Construction Court (TCC) considered an application for an interim injunction brought by the HSE in respect of a Higher Risk Building (HRB) – the first under the Building Safety Act 2022 (BSA).

The background

The original developer of the Sky Building (now known as Deakin’s Yard) went into administration. As a result, IPG acquired the partially completed site and took over its development. Despite having failed to obtain a Building Regulations Completion Certificate, IPG proceeded to market the property.

The HSE, acting as the Building Safety Regulator (BSR), had served a series of notices, however IPG continued marketing the property for student occupation.

As a result, the HSE sought an interim injunction, without notice, prohibiting occupation.

The decision

The HSE was successful in persuading the TCC that:

1. as the statutory regulator, with responsibility for building safety, the HSE had sufficient standing to seek an injunction to prevent breaches under the BSA; and
2. on applying American Cyanamid, giving consideration to the health and safety risks (the HSE having produced evidence that the lack of the certificate was not purely an administrative matter, despite suggestions to the contrary by IPG) and the fact that damages would not be an adequate remedy, the balance of convenience leaned towards the grant of an interim injunction.

The TCC therefore granted an interim injunction prohibiting the occupation of the building.

This case marks the first time the HSE has sought an injunction under the BSA, and the judgment is a clear warning that the HSE will not hesitate in taking proactive steps in the exercise of its powers under the BSA.

If you would like further information, please contact Meena Gupta, Partner in Birketts’ property disputes team.