Remediation Order

[edit] Remediation Orders in the Building Safety Act

Citation 30, in Part 5 of the Building Safety Act 2022; Remediation of certain defects, Section 123 refers to Remediation orders as "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."

The text and other parts of the Act define a number of key terms:

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. (4) In subsection (3) the reference to a landlord under a lease includes any person who is party to the lease otherwise than as landlord or tenant."
Interested person: (a) the regulator (as defined by section 2), (b) a local authority (as defined by section 30) for the area in which the relevant building is situated, (c) a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated, (d) a person with a legal or equitable interest in the relevant building or any part of it, or (e) any other person prescribed by the regulations.
Specified: means specified in the order. A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this section (other than one ordering the payment of a sum) is enforceable with the permission of the county court in the same way as an order of that court.
Relevant building: Refers to a higher risk bulding, one that is either 11m or 5 storeys or more in height, containing two or more dwellings (Leaseholder-owned buildings excluded).
Relevant defect: Section120 of Act this as a building defect that arises “as a result of anything done (or not done), or anything used (or not used), in connection with relevant works” and that causes a 'building safety risk' (building safety risk is generally defined as a risk to the safety of people in or about the building arising from the spread of fire, or the collapse of the building or any part thereof.)

[edit] What is a Remediation Order?

A Remediation Order (RO) is an enforcement mechanism for use where landlords are not fulfilling their obligations in relation to the safety of a building and can be made by the First Tier Tribunal (FTT). If granted, an RO can require a landlord to remedy specified relevant defects in a specified time on a building. Remediation orders can be made in respect of self-contained residential buildings that are at least 11 metres high or have at least five storeys and contain at least one relevant defect (as defined above).

A Remediation Contributiion Order (RCO) on the other hand is issued by the First Tier Tribunal (FTT) against certain corporate entities on the application of an interested person, so associated entities as such which may be required to contribute to the costs of remedying the relevant defects in the building within a specified time.

By example the government can under section 123 give 21 days notice for a freeholder to commit to remedying fire safety defects. If this isn't agreed to then an application can be made to the courts for a Remediation Order. Concurrent to this under section 124, a Remediation Contribution Order can also be applied for against entities whom are associated with the freeholder or the building, such as the developers of the building or its previous landlords.

Note that Building Liability Orders (BLO) also introduced as part of the Building Safety Act, 2022 (part 5, section 130) are a mechanism that allows recovery rights relating to building defects to extend beyond that of a subsidiary company (sometimes referred to as a special purpose vehicle) to its associated companies, giving yet wider reach of powers under the Act.

For further guidance on the process and definitions relating to Remediation Orders visit Guidance on the use of remediation orders, with regard to Remediation Contributiion Orders visit the government page Apply for a remediation contribution order under the Building Safety Act 2022: Form BSA2, and for Building Liability Orders refer to Redress measures: information sheet.