The Report into the Grenfell Tower Inquiry called for a review of the definition of Higher Risk Buildings. In this article, Andrew Butler KC explores the problems which such a review might open up. Amongst the welter of difficult concepts introduced by the Building...
Building Safety Act 2022
The Accountables: Duties, Higher-Risk Buildings, and Principal Accountable Persons
This article examines the responsibilities of Accountable Persons (APs) and Principal Accountable Persons (PAPs) as defined under the Building Safety Act 2022 (BSA 2022) and subsequent regulations. These regulations establish the framework for managing building safety...
Claims Under the Defective Premises Act 1972 (“DPA”) in the Light of the Building Safety Act 2024 (“BSA”)
Wilson Horne considers the case of BDW Trading Ltd v URS Corp Ltd [2023] in relation to the good prospects of recovery of losses for defects in the relevant buildings notwithstanding the distant expiry of the contractual limitation period. Case name, reference...
The Evolution of Remediation Contribution Orders
This article is adapted from a talk given by Timothy Polli KC and Katie Gray on 7 February 2024 Introduction Remediation Contribution Orders (“RCOs”) were introduced by the Building Safety Act 2022 (“the BSA”). This article explores how the jurisdiction to...
Resident (and Commercial) Evil(s): Mixed-Use Buildings & HRBs
Hugh Rowan, Barrister, and Sam Madge-Wyld explore the application of the BSA 2022 to mixed-use buildings, concentrating on defining Higher-Risk Buildings (HRBs) and excluded properties. They tackle the complexities of identifying HRBs, including height, occupancy, and...
The Limitation Game
Andrew Butler KC delves into the extension of time limits for building safety claims under Section 135 of the Building Safety Act 2022, covering issues like defective premises and building regulations. He highlights the retrospective nature of the law, enabling...
Remediation Orders – Is the FTT Being Consistent?
Robert Bowker takes a look at the take-away points from the recent decision by the FTT in Vista Tower (CAM/26UH/HYI/2022/004). The full decision is available here. Introduction This article examines whether the FTT’s recent decision in the Vista Tower case...
Lehner v Lant Street Management Company Limited
Ian Quayle considers an important case providing some useful guidance on the application of Schedule 8 of the BSA 2022. Case name, reference and Bailii link Lehner v Lant Street Management Company Limited LON/00BE/LSC/2021/0375 Lehner v Lant Street Management...
Remediation Contribution Orders Case – Triathlon Homes
Tim Polli KC, Tanfield Chambers, discusses the recent FTT judgment in Triathlon Homes v SVDP and Get Living [2024]. A copy of the full judgment is accessible here. Remediation Contribution Orders (RCOs) under the Buildings Safety Act 2022 (BSA) are already causing...
Building Safety Act – Case Chasers
Ian Quayle recently engaged in a discussion with Andrew Butler KC from Tanfield Chambers. This captivating conversation was showcased on the Case Chasers podcast by Property Law UK. They explored The BSA in anticipation of the release of 'Building Safety Act 2022: A...