18th August 2023
In a very important development, the first remediation order has been handed down under the new Building Safety Act 2022 (BSA) . Two of our BSA experts, Lewis Couth and Asia Munir, summarise the key takeaway points.
“The BSA is a novel area of the law, and until now, no application for a remediation order had made its way through to a final hearing.
As the very first of its kind, the remediation order will provide much needed clarity to applicants and respondents alike. This decision reinforces that the focus of the BSA is on building safety and improvement of standards.”
Under section 123 of the BSA, a remediation order is an order, made by the First-tier Tribunal on the application of an “interested person”, requiring a “relevant landlord” to remedy specified “relevant defects” in a specified “relevant building” by a specified time. We set out the relevant definitions at the end of this article.
In this case, a group of leaseholders successfully applied for a remediation order against the freeholder/landlord of the property, in relation to defective external cladding and other issues.
The First-tier tribunal made a remediation order and also ordered under section 20C of the Landlord and Tenant Act 1985 that 80% of the landlord’s cost of the proceedings could not be passed on to non-qualifying leaseholders through the service charge. (The qualifying leaseholders were protected against payment of any costs by reason of paragraph 9 of Schedule 8 to the BSA.)
The following key takeaway points arise from the judgment:
The first remediation order under the BSA sets the stage moving forwards. Walker Morris’ Construction & Engineering, Housing Management & Litigation and Real Estate Litigation BSA experts are uniquely placed to help clients from right across the Living sector to successfully navigate all of the legal, regulatory and practical changes brought about by the BSA. Please get in touch if you need any advice or assistance.
An “interested person” includes a person with a legal or equitable interest in the relevant building or any part of it.
A “relevant landlord”, in relation to a relevant defect in a relevant building, means a landlord under a lease of the building or any part of it who is required, under the lease or by virtue of an enactment, to repair or maintain anything relating to the relevant defect.
“Relevant building” means a self-contained building, or self-contained part of a building, in England that contains at least two dwellings and (a) is at least 11 metres high, or (b) has at least 5 storeys.
“Relevant defect” means a defect as regards the building that (a) arises as a result of anything done (or not done), or anything used (or not used), in connection with relevant works, and (b) causes a building safety risk.
“Relevant works” means any of the following:
The “relevant period” means the period of 30 years ending on 28 June 2022.
A “building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from (a) the spread of fire, or (b) the collapse of the building or any part of it.
“Specified” means specified in the order.
A lease is a “qualifying lease” under section 119 of the BSA (and including for the purposes of Schedule 8 in relation to remediation costs) if:
 Ms Sarah Waite and others v Kedai Limited LON/00AY/HYI/2022/0005 & 0016