‘David Owens and Helen Arthur explore a recent First Tier Tribunal decision regarding the meaning of “higher-risk building’ under the Building Safety Act 2022.’
Local Government Lawyer, 14th November 2024
Source: www.localgovernmentlawyer.co.uk
‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’
Falcon Chambers, 28th October 2024
Source: www.falcon-chambers.com
‘In Nuernberg v Adderstone (216 Res) Limited, MAN/00CJ/BSC/2024/0001 the FTT expanded the circumstances where a landlord is required to give a “Landlord Deed of Certificate” to a tenant pursuant to the Building Safety (Leaseholder Protections) (England) Regulations 2022 (“the Leaseholder Protections Regulations”). As stated in the succinct judgment of Judge J Holbrook, a “single – but important – question of statutory interpretation” appears to have been resolved (for now).’
Falcon Chambers, 14th October 2024
Source: www.falcon-chambers.com
‘Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.’
Local Government Lawyer, 6th November 2024
Source: www.localgovernmentlawyer.co.uk
‘The government could miss its own cladding removal completion date if progress is not made to speed up the process, the UK’s spending watchdog has said. In a new report, external, the National Audit Office (NAO) said up to 60% of buildings with dangerous cladding had still not been identified by the government, and at its current rate of progress it was due to miss its own estimated completion date of 2035 for the works.’
BBC News, 4th November 2024
Source: www.bbc.co.uk
‘A property developer who put “lives at risk” by falsifying building work documents and selling “unsafe” flats has been jailed.’
BBC News, 2nd October 2024
Source: www.bbc.co.uk
‘Public inquiries should be shortened and the progress of their recommendations tracked, according to a House of Lords committee, which says a major overhaul is required to restore public confidence among victims and survivors.’
The Guardian, 16th September 2024
Source: www.theguardian.com
‘Steve Gummer and Shyann Sheehy talk through the recent Construction Leadership Council guidance on a ‘Golden Thread’ of information as part of a new regulatory regime for Higher-Risk Buildings.’
Local Government Lawyer, 10th September 2024
Source: www.localgovernmentlawyer.co.uk
‘Grenfell families have criticised the final inquiry report on the disaster for failing to fully address the disproportionate impact the tragedy had on diverse and marginalised communities.’
The Guardian, 5th September 2024
Source: www.theguardian.com
‘As the Grenfell inquiry prepares to publish its final report into the 2017 tower block fire that killed 72, Nadine White speaks to those still grappling with its tragic legacy.’
The Independent, 1st September 2024
Source: www.independent.co.uk
‘It was probably inevitable that the retrospective extension of time to 30 years for bringing claims under the Defective Premises Act 1972 (the “DPA”), introduced by the Building Safety Act 2022, would lead to increased scrutiny of the DPA. Until then, with some honourable exceptions, the DPA had received relatively little attention, no doubt because, in most cases, it presented a more difficult route to ascend up the same mountain as would a claim in contract or tort. All that has now changed.’
Gatehouse Chambers, 22nd July 2024
Source: gatehouselaw.co.uk
‘Applications were made to the Building Safety Fund (“BSF”) in respect of two high rise developments in Birmingham with cladding defects. In the event that BSF funding was provided, the developers would have been expected to reimburse the BSF funding less any proceeds from insurance claims (pursuant to a pledge referred to in the BSF guidance signed by the developers; many developers, including the appellants, have now signed a deed of bilateral contract to give the pledge commitments contractual force).’
Falcon Chambers, 22nd July 2024
Source: www.falcon-chambers.com
‘This article will focus on a critical aspect of the Upper Tribunal’s recent decision in Lehner v Lant Street Management Company Limited [2024] UKUT 0135 (LC). It follows on from Piers Harrison’s earlier post on the case.’
Tanfield Chambers, 20th June 2024
Source: www.tanfieldchambers.co.uk
‘We know and are familiar with the mischiefs the BSA seeks to address. We now know too how the FTT is likely to approach applications for remediation orders under s.123.’
Falcon Chambers, 28th May 2024
Source: www.falcon-chambers.com
‘This article examines whether the FTT’s recent decision in the Vista Tower case (CAM/26UH/HYI/2022/004, available on the FTT’s web-site) demonstrates a discernible pattern of decision-making following its first remediation order. The article will not comment on the terms of the order made in Vista Tower: that will be the subject of a later article. Instead, it will focus on the FTT’s approach to case management and whether its decision to make a remediation order was consistent with the reasoning in previous decisions. Obviously, consistency in approach, both in terms of case management and the final decision, will enable practitioners in this developing area of work to advise clients with greater certainty. In the absence of an appeal decision on remediation orders, consonance in first instance decisions will be welcome.’
Tanfield Chambers, 16th May 2024
Source: www.tanfieldchambers.co.uk
‘Prior to the coming into force of the Building Safety Act 2022 (“the BSA 2022”), local authorities already had the ability to take enforcement action in respect of residential premises where there was a hazard in relation to fire by virtue of Part I, Chapter I of the Housing Act 2004 (“the HA 2004”). Now, local authorities are among a class of interested persons who may apply for remediation orders under section 123 of the BSA 2022. What does a comparison of the two remedies say about how the First-Tier Tribunal should exercise their discretion in respect of remediation orders?’
Falcon Chambers, 13th May 2024
Source: www.falcon-chambers.com
‘The standard of care to be expected of a contractor in terms of design liability has been toughened up in the updated Design and Build contract by the Joint Contracts Tribunal (JCT), but the latest version has also made clear that contractors will not have fitness for purpose obligations imposed on them.’
OUT-LAW.com, 14th May 2024
Source: www.pinsentmasons.com
‘The First Tier Tribunal recently considered the use of Improvement Notices under s.12 of Housing Act 2004 to address concerns regarding the fire safety of residential property containing cladding similar to that present on Grenfell Tower. Archie Maddan analyses its ruling.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
‘Spur House is the latest FTT decision on remediation orders. It adds to the tally a fifth case (after the Leigham Court Road, Orchard House, Centrillion Point and Space Apartments). Robert Bowker focuses on just three key features of the case followed by three take-away points.’
Tanfield Chambers, 26th April 2024
Source: www.tanfieldchambers.co.uk
‘Timothy Polli KC, Carl Fain, and Katie Gray discuss what the rules are in the LTA 1987 amendments, as well as the issues that arise between FTT appointed managers and Regulator- appointment special measures managers.’
Tanfield Chambers, 19th April 2024
Source: www.tanfieldchambers.co.uk
© Inner Temple Library 2024