Building Safety Related Claims
Introduction
This page aims to provide up to date Building Safety Act (BSA) related resources, such as judgments and consultations relating to the BSA in one place for the Technology and Construction Court and First-tier Tribunal users, and those exploring the BSA and its process through court.
Types of building safety related claims:
1. An application for a remediation order (“RO”) against a landlord under section 123 of the BSA.
2. An application for a remediation contribution order (“RCO”) under section 124 of the BSA. Such an application could be pursued by or against the same landlord who is the respondent to the RO. It could also be pursued against the developer of the building or the associates of the developer or landlord.
3. Claims under the Defective Premises Act 1972 (“the DPA”) or for damages for breach of contract or in tort by or against the developer or landlord, as well as such a claim against the contractor, their sub-contractors or the professional team. For ease of reference, such claims are referred to as “damages claims”.
4. Claims for a building liability order (“BLO”) under section 130 of the BSA against associates of anyone liable in respect of the defects, i.e. associates of the landlord, developer, contractor, sub-contractors or the professional team.
Jurisdiction of the TCC and FTT
Only the FTT may make a RO or RCO: see sections 123 and 124 of the BSA.
Damages claims are squarely within the jurisdiction of the Technology and Construction Court (“TCC”) which is a specialist list within the King’s Bench Division and sits in both the High Court and County Court: see sections 15 and 16 of the County Courts Act 1984, section 19 of the Senior Courts Act 1981 and CPR, Part 60, PD, paragraphs 2.1(a) to (d) and (j).
Only the High Court may make a BLO: see section 130(1) of the BSA.
Useful Information
Recent Building Safety Case Law
The BSA Working Group
The stated aim of the Working Group is to seek to provide some consistency of approach to issues that arise as a result of the enactment of the Building Safety Act 2022 (BSA 2022), whether that be in the Technology and Construction Court (TCC) or the First-tier Tribunal (FTT). This includes considering what areas in particular are causing concerns to practitioners, and how any issues might be addressed.
The Working Group will consider, for example: whether there are parts of the Civil Procedure Rules (CPR) that might need amendment or supplemental changes made to deal with procedural aspects; if the TCC Guide requires any amendments/additions to deal with the changes brought about by the BSA 2022; and production of standard orders.
Members of the Working Group
Judges:
Judge Siobhan McGrath, President of the FTT
Barristers:
Jonathan Selby KC (Keating Chambers) (external link)
Jennie Gillies (4 Pump Court) (external link)
Solicitors:
Richard Adams (Burges Salmon) (external link)
Sue Harris (Walker Morris) (external link)
Natalie Pilagos (Wedlake Bell) (external link)
Published Consultations and Questionnaires of the Building Safety Act Working Group
Contact Information
If you would like to contact the Working Group, please email bsa.tcc@justice.gov.uk