Building Safety - Remediation Orders

Our building safety blogs over the last few weeks have explained what, if any, contributions can be sought by a landlord from leaseholders for remedial works for cladding and building safety risks (see Lauren Michaelides blog as to what is a building safety risk) where these work are required to be undertaken to buildings which are at least 11 metres or 5 storeys high and contain at least two dwellings.  However, what happens if the landlord does not undertake the necessary cladding or building safety risk works?  The Building Safety Act 2022 provides that a First-tier Tribunal can make an order, known as a Remediation Order, requiring a landlord to rectify a cladding or building safety risks in such a building within a specific time.  An “interested person” can seek an order.  An interested person includes the Building Safety Regulator, a local authority, a fire and rescue authority, a person with a legal or equitable interest in the building. It can also include the Secretary of State. A Remediation Order is enforceable with the permission of the county court in the same way as any other order of a county court can be enforced.  

Remediation orders came into force on 28 June 2022. 

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