Building Safety: Oyster Bay Apartments – Remediation by Agreement

Another recent decision of the First-tier Tribunal (FTT) concerns a remediation order (RO) made in respect of Oyster Bay Apartments in Poole.

In this case, the local authority applied for an RO against the building owner, Sovereign Network Group (SNG), one of the largest social housing associations in England.

SNG consented to the making of the order following expert evidence supporting the conclusion that the identified defects were relevant defects within the meaning of the Building Safety Act (BSA). As a result, the decision is a short and focused endorsement of terms negotiated and agreed between the parties rather than the result of a contested hearing.

The Schedule attached to the order identified a substantial number of fire safety defects affecting both the external wall system of the building and its internal fire safety arrangements. Accordingly, SNG consented to an order to:

• Remedy identified relevant defects including removing and replacing the cladding panels with a non-combustible alternative;
• Carry out the agreed remediation works or such alternative works that will have the same effect of remediating the relevant defects;
• Ensure compliance with the Building Regulations applicable at the time the works are carried out;
• Complete the works by 14 August 2030; and
• Obtain the necessary post-work fire risk appraisal.

SNG was also ordered to commission an intrusive survey of the property to identify any further relevant defects with a view to remedying them.

There was some flexibility in the order in terms of the completion deadline as provision was made for an application for to be made if required. This may reflect the possibility that, if the survey identifies further defects, the original deadline may prove difficult to meet. 

Remediation by Agreement

The decision demonstrates how compliance with the BSA can be achieved through cooperation between interested parties, with the Tribunal acting as the mechanism for the final seal of approval.

The case also confirms that local authorities are willing and able to use the BSA regime as an enforcement tool. 

Timescale for Completion

The long-term remediation timetable (completion by August 20230) appears to acknowledge the complex nature of the remediation works with some built-in flexibility both in terms of the deadline and the method of remediation.

The timeframe for completion of the works is interesting in light of the Government’s Remediation Acceleration Plan 2024. The purpose of the Plan is to speed up the progress of remediation works to residential buildings. 

One of its objectives emphasises that “through this plan we aim that by the end of 2029 all 18m+ (high-rise) buildings with unsafe cladding in a government funded scheme will have been remediated. Furthermore, by the end of 2029, every 11m+ building with unsafe cladding will either have been remediated, have a date for completion, or the landlords will be liable for severe penalties.” 

Although only 18m+ buildings in government funded schemes are required to remediate unsafe cladding by the end of 2029, all buildings over 11m+ with unsafe cladding are required to have a date for completion by the end of 2029.

Oyster Bay Apartments building is reportedly 9 storeys, with an estimated height of 26m, so over 18m+. No publicly available material has been located as to whether SNG sought government remediation funding for the building.

At present, the works are not due to be completed until approximately eight months after the end of 2029 (assuming no application for an extension).

Whilst the agreement means that the parties are complying with the Remediation Acceleration Plan (and addresses other issues, not only cladding), it still means there is some time to go before the cladding is remediated.   

In respect of Oyster Bay and other cases, what about factors beyond their control, such as delays at Gateway 2, a shortage of skilled professionals and contractors, or the possibility of additional defects being identified during the works?

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