A remediation contribution order can be made by the First-tier Tribunal (Property Chamber) to make a landlord, freeholder or developer, or their associates, pay for fixing safety defects in eligible buildings, as well as other costs associated with remediation works.
It can also be used to get landlords to pay back leaseholders for remediation costs they should not have paid.
With a remediation contribution order, the Tribunal can:
- get funding for remediation works to take place
- make landlords pay for waking watch
- recover costs you may have paid for remediation works through your service charge
The rules about RCOs are given in the Building Safety Act 2002.
The building must be at least 11 metres high or 5 storeys and contain at least two homes.
There are some exclusions – for example, leaseholder-owned buildings.
The building must have defects that put people at risk from the spread of fire or the collapse of any part of the building.
Cost recovery
If a Right to Manage company applies for a remediation contribution order , the law allows it to recover legal costs from both qualifying and non-qualifying leaseholders.
More information you might find useful
- How do I get a remediation contribution order?
- How am I protected by the Building Safety Act?
- Guidance on the use of remediation contribution orders: GOV.UK
- Making sure remediation work is done: GOV.UK
- More Frequently Asked Questions on fire safety
