What’s Changed?

The 2024 edition reflects both legislative changes and modernisation with gender neutral language (shift in culture) and clearer structure. There is a recognition of electronic communication along with collaborative working and sustainability included as mandatory and core obligations, allowing public sector employers to put more emphasis in these areas.  The allocation of risk and administration has become clearer and include lessons from COVID.

The most notable amendments relate to the Building Safety Act 2022 (BSA) and Part 2A of the Building Regulations 2010 with enhanced compliance and primary focus on duty holder obligations although the amendments don’t fully address the specific requirements for HRBs (Higher Risk Buildings) under the BSA.

What’s the risks during the transition?

Employers’ and Contractors’ most common risks are assuming these changes are cosmetic, that it is simply updated language and structure.  There are other changes, particularly building safety and extension of time variations that significantly alter obligations.

Users shouldn’t continue with their own 2016 schedules of amendments without ensuring they interact with the revised drafting in 2024.  Inconsistences, duplication or unintended shifts in risk can arise.   The redrafting for the underlying contracts used by Procure Plus took significant work and time, so enough time and consideration should be given to this work.

Finally, failing to brief the project teams on updated notice provisions and collaboration requirements may cause expensive procedural missteps early in underlying contracts.

What should Housing Providers consider?

Employers and Contractors working on HRB projects will need to consider additional bespoke amendments to ensure compliance with the new regime, such as gateway sign offs and obligations to compile and update a “golden thread” of building information.

Across all areas using JCT contracts, Employers and Contractors should consider how priorities, legislation and working practices have adapted and ensure these are reflected in a new set of amendments for the JCT 2024 suite of contracts.

Some of the areas that Procure Plus have considered and updated the standard framework amendments to cover include:

• notifications for presence of any damp, mould, emergency hazard or other health and safety issues (Awaab’s Law (The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 and the Social Housing (Regulation) Act 2023)).
• Insurance clauses’ amendments to reflect work to existing buildings, responsibility of contractors to access homes
• Time limited application for payment following completion of the property to validate/ evidence the works to occupied homes.
• Retrofit low carbon contracts with provisions for funding requirements, PAS 2035/2038 processes, evidence of works completed and lodgement to Trustmark
• Fire mitigation works contracts with provisions for fire certifications/ accreditations, initial orders for inspections and surveys, photographic evidence and compliance.
• Responsive repair contracts with provisions on service delivery response time, compliance and break clause options to reflect the long-term nature of the work and additional time and cost an employer would incur in the event the contractor or employer bring the contract to an end or reduce the contract period.

These latest suites of contract schedules of amendments provide the employer with a fair and balanced contract reflecting the specific types of work to be undertaken.

In summary the JCT 2024 editions aim to make the contract more user friendly and aligned with current industry standard and regulatory requirements. The Procure Plus 2024 set of updated JCT Schedule of Amendments offers Employers support in determining if their legal and commercial positions are adequately protected.