Building Safety Act 2022

124 Remediation contribution orders E+W

(1) The First-tier Tribunal may, on the application of an interested person, make a remediation contribution order in relation to a relevant building if it considers it just and equitable to do so.

(2) “Remediation contribution order”, in relation to a relevant building, means an order requiring a specified body corporate or partnership to make payments to a specified person, for the purpose of meeting costs incurred or to be incurred in remedying [F1 , or otherwise in connection with,] relevant defects (or specified relevant defects) relating to the relevant building.

[F2 (2A) The following descriptions of costs, among others, fall within subsection (2)—

(a) costs incurred or to be incurred in taking relevant steps in relation to a relevant defect in the relevant building;

(b) costs incurred or to be incurred in obtaining an expert report relating to the relevant building;

(c) temporary accommodation costs incurred or to be incurred in connection with a decant from the relevant building (or from part of it) that took place or is to take place—

(i) to avoid an imminent threat to life or of personal injury arising from a relevant defect in the building,

(ii) (in the case of a decant from a dwelling) because works relating to the building created or are expected to create circumstances in which those occupying the dwelling cannot reasonably be expected to live, or

(iii) for any other reason connected with relevant defects in the building, or works relating to the building, that is prescribed by regulations made by the Secretary of State.

(2B) The Secretary of State may make regulations for the purposes of this section specifying descriptions of costs which are, or are not, to be regarded as falling within subsection (2).]

(3) A body corporate or partnership may be specified [F3 as a person required to make payments] only if it is—

(a) a landlord under a lease of the relevant building or any part of it,

(b) a person who was such a landlord at the qualifying time,

(c) a developer in relation to the relevant building, or

(d) a person associated with a person within any of paragraphs (a) to (c).

(4) An order may—

(a) require the making of payments of a specified amount, F4 ...;

[F5 (aa) if it does not require the making of payments of a specified amount, determine that a specified body corporate or partnership is liable for the reasonable costs of specified things done or to be done;]

(b) require a payment to be made at a specified time, or to be made on demand following the occurrence of a specified event.

(5) In this section—

• “associated”: see section 121;

• “developer”, in relation to a relevant building, means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;

• [F6 “expert report” has the meaning given by section 123(9);]

• “interested person”, in relation to a relevant building, means—

  (a)

  the Secretary of State,

  (b)

  the regulator (as defined by section 2),

  (c)

  a local authority (as defined by section 30) for the area in which the relevant building is situated,

  (d)

  a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated,

  (e)

  a person with a legal or equitable interest in the relevant building or any part of it, or

  (f)

  any other person prescribed by regulations made by the Secretary of State;

• “partnership” has the meaning given by section 121;

• “relevant building”: see section 117;

• “relevant defect”: see section 120;

• [F7 “relevant steps”: see section 120;]

• “specified” means specified in the order.

• [F8 “temporary accommodation costs”, in relation to a decant from a relevant building, means—

  (a)

  the costs of the temporary accommodation, and

  (b)

  other costs resulting from the decant, including removal costs, storage costs and reasonable travel costs;]

• [F8 “works” means works—

  (a)

  to remedy a relevant defect in a relevant building, or

  (b)

  in connection with the taking of relevant steps in relation to such a defect.]

(6) The Secretary of State may by regulations provide that this section applies, with or without modifications, in relation to a building that would, but for section 117(3), be a relevant building.

Textual Amendments

F1 Words in s. 124(2) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(2), 124(3); S.I. 2024/1018, reg. 2(c)

F2 S. 124(2A)(2B) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(3), 124(3); S.I. 2024/1018, reg. 2(c)

F3 Words in s. 124(3) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(4), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)

F4 Words in s. 124(4)(a) omitted (31.10.2024) by virtue of Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(5)(a), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)

F5 S. 124(4)(aa) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(5)(b), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)

F6 Words in s. 124(5) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(6)(a), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)

F7 Words in s. 124(5) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(6)(b), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)

F8 Words in s. 124(5) inserted (31.10.2024) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 116(6)(c), 124(3) (with s. 116(7)); S.I. 2024/1018, reg. 2(c)

Modifications etc. (not altering text)

C1 S. 124 applied (with modifications) (20.7.2022) by The Building Safety (Leaseholder Protections) (England) Regulations 2022 (S.I. 2022/711), regs. 1(1), 4

Commencement Information

I1 S. 124 in force at 28.6.2022, see s. 170(3)(a)