Landmark decision for building safety: first BSA injunction
In a pioneering legal move, the Health and Safety Executive (HSE)—acting as the new Building Safety Regulator under the Building Safety Act 2022 (BSA)—secured the first interim injunction to prevent occupation of a ‘higher-risk building’ (HRB) in Health and Safety Executive v Integritas Property Group Ltd (IPG) [2025] EWHC 2613 (TCC).
The case
The case concerned Deakins Yard, a 244 room student-accommodation development originally named the ‘Sky Building’ in Staffordshire. After the original developer went into administration, Integritas Property Group (IPG) took over and marketed the property—despite failing to obtain the Building Regulations Completion Certificate which is required for legal occupation.
Concerns were raised in relation to the inadequacy of cavity barriers and the fixing of brickwork starter bars. IPG had also been the subject of multiple notices (contravention, cancellation, and stop notices). However, the property continued to be marketed to students as being available to rent from August 2025.
The Health and Safety Executive applied for an interim injunction to prevent the property from being occupied as there was no adequate building regulations completion certificate in accordance with the gateway 3 requirements.
The Court’s decision
On 12 August 2025, the Technology & Construction Court granted an interim injunction to the Health and Safety Executive to prevent anyone from occupying the building.
The judge applied the ‘American Cyanamid principles’ taken from the case of American Cyanamid Co v Ethicon Ltd in 1975 and widely used as a set of guidelines in Courts in England and Wales when granting interim injunctions.
The judge found irreparable harm was likely if occupation proceeded - damages alone would be inadequate. The balance of convenience favoured the injunction, given the potential health and safety risks.
The court ordered an interim injunction, prohibiting anyone from moving in until IPG produced valid certifications confirming compliance.
Why this injunction matters
This ground breaking decision sends a powerful message: regulators now possess real teeth under the Building Safety Act 2022. The injunction illustrates that safety is not a box-ticking exercise, but a critical, enforceable standard underpinning public trust.
The outcome in this case isn’t just a legal milestone but also a stark reminder to build responsibly to ensure buildings are not only habitable but unquestionably safe.
The Hamlins Real Estate Disputes team has expertise in both commercial and residential matters. We seek to obtain the best outcome possible for every client, no matter how big or small the issue may be. If you would like a conversation to find out how we might help you, please get in touch.