The Building Safety Act 2022 Guidance from the Real Estate Disputes team

Background

The Building Safety Act 2022 (“the BSA”) has now been in force for over four years, having become law on 28 April 2022.

Its aim is to make homes across England and Wales safer by improving standards and regulating how the safety of certain buildings is to be managed.

One of the ways in which the BSA seeks to achieve this aim is by providing a route for certain orders to be obtained from the First-tier Tribunal (“FtT”) requiring:

• a relevant landlord to carry out works to remedy, or take specified steps in relation to, relevant defects – by obtaining a Remediation Order (“RO”) under s.123 of the BSA; and
• a specified body corporate or partnership to make payments towards meeting the cost of remedying relevant defects – by obtaining a Remediation Contribution Order (“RCO”) under s.124 of the BSA.

The body of case law which has developed since the passing of the BSA is helping us to understand how these orders operate in practice.

This note provides an overview of these orders.

Other updates from the Real Estate Disputes team at Eversheds Sutherland on landlord and tenant issues flowing from the BSA can be found on our BSA Topic Page, details of which are set out at the end of this briefing.

Read the full note