[UK] Spotlight on Building Safety: What do the latest cases on the Building Safety Act 2022 mean for the industry?

In June 2024, we reported on the key Building Safety Act 2022 ("BSA 2022") cases that had been decided at that point. In the year since, the courts have continued to grapple with the remedies introduced by the BSA 2022.

Our latest briefing reviews the impact of key BSA 2022 decisions made in the last twelve months, and considers what these could mean for the industry in the future. As discussed in our briefing, the First Tier Tribunal continues to take a consumer-protective approach in relation to Remediation Orders requiring landlords to promptly remedy defective buildings. In the Vista Tower, Stevenage decision, the tribunal also demonstrated that it will be forensic in determining whether parties are "associated" and therefore liable to contribute to the cost of remedying defects under Remediation Contribution Orders.

In the High Court, the first Building Liability Order has been made. However, another recent decision shows that obtaining Information Orders in relation to companies associated with entities with underlying liability will only be available on much narrower grounds than the government had intended, which could limit claimants' appetites for pursuing Building Liability Orders. The Supreme Court's decision in URS v BDW is likely to be viewed more positively by claimants – the court having confirmed that there is no rule of law that prevents recovery of costs associated with works carried out voluntarily to remedy safety defects, and that a developer is owed duties under the Defective Premises Act 1972 by the contractors and consultants it engages (see also: The final verdict on URS v BDW).

If you are a client or contact of HSF Kramer and would like to receive a copy of the full briefing note, please contact us at [email protected]).