You can apply for a remediation order if you are a leaseholder or others with a legal or equitable interest in an eligible building. Local authorities, certain regulators and other interested persons can also apply.
You can make your application to the First-tier Tribunal (Property Chamber) using form BSA1.
Who can I get a remediation order against?
You can ask the First-tier Tribunal (FTT) to issue an order against a landlord, freeholder, head leaseholder or management company legally required to repair or maintain anything relating to a ‘relevant defect’ in a ‘relevant building’.
A relevant building is at least 11 metres or 5 storeys high and contains at least 2 flats.
Relevant defects could include:
- unsafe cladding
- flammable balconies
- lack of compartmentation between flats
What evidence do I need?
You need to submit evidence with your application that:
- the landlord or management company is legally required to repair relevant defects in the building
- it is a relevant building
- there is at least one relevant defect
How do I show there is a relevant defect?
Documentation such as a surveyor’s report or other technical reports, a fire risk assessment, a Fire Risk Appraisal of External Walls (FRAEW), or the contents of a landlord’s certificate may be appropriate evidence to use to support your application.
While you will only need to identify at least one relevant defect at the application stage, by the final hearing, the FTT will require detailed evidence of the specified relevant defect(s) to support its decision on whether to make an order.
More information you might find useful
