The Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022

Remediation orders E+W

2.—(1) For the purposes of section 123 of the Act (remediation orders) the Secretary of State is prescribed as an interested person.

[F1 (1A) For the purposes of section 123(5) of the Act (remediation orders) the Homes and Communities Agency (established by section 1 of the Housing and Regeneration Act 2008(2)) is prescribed as an interested person.]

(2) The First-tier Tribunal may, on an application made by an interested person(1), make a remediation order under section 123 of the Act.

(3) An application for a remediation order must—

(a) state it is an application under section 123 of the Act;

(b) identify the building to which the application relates;

(c) identify the defects to the building for which a remediation order is sought;

(d) identify the landlord (as defined in section 123(3) and (4) of the Act) which the applicant considers is responsible for repairing or maintaining anything relating to the relevant defects.

(4) Where the First-tier Tribunal makes a remediation order it must as soon as is reasonably practicable send a copy of the order to—

(a) the person who made the application; and

(b) the relevant landlord(2).

Textual Amendments

F1 Reg. 2(1A) inserted (5.8.2023) by The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023 (S.I. 2023/895), regs. 1(1), 4(1)

Commencement Information

I1 Reg. 2 in force at 21.7.2022, see reg. 1(1)

(1)

See section 123(5) of the Act.

(2)

See section 123(3) of the Act for the definition of “relevant landlord”.