19 October 2023
Under section 123 of the Building Safety Act 2022, the First-tier Tribunal (Property Chamber) can make a remediation order under which a relevant landlord is required to remedy specified building safety defects.
Such 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.
An application for such an order can be made by certain “Interested persons” which include local authorities and fire and rescue authorities.
The Department of Levelling Up, Housing and Communities has now published guidance for such authorities describing the key stages in the remediation order process including information-gathering, pre-action correspondence, completing the application form and the Tribunal process.
This guidance is relevant to leaseholders who are considering seeking a remediation order and can also be used to understand how regulators can support leaseholders to keep their homes safe, by explaining a key enforcement power available to them.
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