Remediation Orders: What you need to know – Local Government Lawyer

Posted February 19th, 2024 in building law, housing, landlord & tenant, local government, news, repairs by tracey

‘Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

Building Safety Act requires rethink of SPV risk arrangements – OUT-LAW.com

Posted January 8th, 2024 in building law, construction industry, health & safety, housing, news by tracey

‘Organisations using specially set up companies – special purpose vehicles, or SPVs – to deliver new UK housing schemes have been urged to plan ahead for the increased potential exposure to liability they may face under the Building Safety Act.’

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OUT-LAW.com, 5th January 2024

Source: www.pinsentmasons.com

Hitting the high spots: 2023 in construction law – Atkin Chambers

Posted January 4th, 2024 in building law, chambers articles, construction industry, news by sally

‘In an article published today by Building Magazine, Rupert Choat KC looks at the legal highlights of 2023 in construction law, which include a case on a high-up viewing platform and a new regime for high-rise residences.’

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Atkin Chambers, 18th December 2023

Source: www.atkinchambers.com

Courts will continue to shape building safety law in 2024 – OUT-LAW.com

Posted January 4th, 2024 in building law, construction industry, health & safety, news by sally

‘Construction companies should expect the courts in England and Wales to be sympathetic to building safety claims in 2024.’

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OUT-LAW.com, 3rd January 2024

Source: www.pinsentmasons.com

Hippersley – an important point – Tanfield Chambers

‘Robert Bowker and Pauline Lam (Russell Cooke) examine the Upper Tribunal’s decision in Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC).’

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Tanfield Chambers, 16th November 2023

Source: www.tanfieldchambers.co.uk

Newham v Chaplair: the lessons to be learned – Local Government Lawyer

‘Archie Maddan explains what was involved in the first successful prosecution of a tower block owner for failure to remove flammable cladding.’

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Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

Developer who ignored listed building notice hit with £80k fine – Local Government Lawyer

Posted November 22nd, 2023 in building law, enforcement notices, fines, housing, local government, news, planning by sally

‘A developer who neglected a listed mansion has been found guilty of ignoring a listed building notice for five years following a prosecution brought by Liverpool City Council.’

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Local Government Lawyer, 21st November 2023

Source: www.localgovernmentlawyer.co.uk

Silica: A Forgotten Mineral? – Ropewalk Chambers

Posted November 14th, 2023 in building law, health & safety, industrial injuries, news, personal injuries by sally

‘According to the HSE:

Silica is a natural substance found in varying amounts in most rocks, sand and clay. For example, sandstone contains more than 70% silica, whereas granite might contain 15-30%. Silica is also a major constituent of construction materials such as bricks, tiles, concrete and mortar.

In other words, silica is virtually ubiquitous in quarrying, mining and in building materials.’

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Ropwalk Chambers, 9th October 2023

Source: ropewalk.co.uk

The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers

Posted November 9th, 2023 in building law, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’

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Falcon Chambers, 9th October 2023

Source: www.falcon-chambers.com

The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers

‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’

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Falcon Chambers, 2nd October 2023

Source: www.falcon-chambers.com

Andrew Butler KC reflects on the effect to date of the Building Safety Act 2022 – Tanfield Chambers

‘“Too early to tell” – the response famously attributed to Chinese Premier Zhou Enlai when he was asked about the effect of the French Revolution. The same response could be given in answer to a question about the effect of the Building Safety Act 2022. Given that the latter is 233 years the junior of the former, and only bursting into life incrementally even now, the answer would be somewhat easier to justify in this context. While, thankfully, the legislation has not quite generated the bloodshed seen on the streets of Paris in 1789, it is fair to say that its early stages have not been a model of liberté, egalité and fraternité themselves.’

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Tanfield Chambers, 19th October 2023

Source: www.tanfieldchambers.co.uk

London borough successfully prosecutes building owner over delays in removing dangerous cladding – Local Government Lawyer

‘Newham is understood to have become the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding.’

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

The Building Safety Act 2022 – Remediation Contribution Orders and Cost Recovery – Falcon Chambers

‘One of the things that may be surprising about remediation orders and remediation contribution orders, both potentially expensive pieces of litigation that leaseholders may be forced to pursue, is that the FtT’s jurisdiction on costs is the “no costs” jurisdiction under rule 13 of its Rules. Costs (beyond payment of application fees) can only be awarded by the FtT if a party has behaved unreasonably, a high threshold, or for wasted costs (likewise). Although the Building Safety Act 2022 did not expressly say that the FtT was to have this no costs jurisdiction (rather than its costs jurisdictions for example in relation to its Land Registration or telecoms), amendments to the Rules from 1 November 2022 make express which jurisdictions can have real cost implications. The new Building Safety Act jurisdictions are not included.’

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Falcon Chambers, 18th September 2023

Source: www.falcon-chambers.com

Register your block of flats by 1 October 2023 – or go to jail! – Tanfield Chambers

‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’

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Tanfield Chambers, 15th September 2023

Source: www.tanfieldchambers.co.uk

First Remediation Order under Building Safety Act – Mills & Reeve

‘A group of leaseholders of two blocks of flats successfully applied for a Remediation Order against the freeholder in respect of defective external cladding and other fire safety issues. The decision by the First-tier Tribunal Property Chamber (Residential Property) in Sarah White & Karin Ida Christina Martensson & Other leaseholders v Kedai Limited (freeholder) LON/00AY/HYI/2022/0005 & 0016 is the first Remediation Order made under section 123 of the Building Safety Act 2022 (BSA).’

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Mills & Reeve, 26th September 2023

Source: www.mills-reeve.com

Local authorities and the Building Safety Regulator – Local Government Lawyer

‘Simon Lewis and Michelle Essen look at the impact of the Building Safety Act 2022 on councils.’

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Local Government Lawyer, 22nd September 2023

Source: www.localgovernmentlawyer.co.uk

Why The RAAC Scandal Is A Human Rights Issue – Each Other

‘Since 1994, people relying on the use of public buildings in the UK have, without knowing it, been let down by the use of Reinforced Autoclaved Aerated Concrete (RAAC): a cheaper, lightweight alternative to traditional concrete, but one that has an average lifespan of only 30 years. Now, as some schools face closure ensue at what would have been the beginning of term, the Department for Education has come under fire for its timing and for its previous lack of action. But it’s not just a safety issue: it’s a human rights issue.’

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Each Other, 6th September 2023

Source: eachother.org.uk

“Due regard” and statutory guidance-(I) – Law & Religion UK

Posted August 15th, 2023 in building law, Church of England, ecclesiastical law, faculties, news by sally

‘The requirement to have “due regard” to statutory guidance is an important obligation placed upon the various actors in both consistory court proceedings and tribunals considering the Clergy Discipline Measure. This post considers guidance produced under the Dioceses, Pastoral and Mission Measure 2007. Part II will address the authority of guidance; the application of guidance and sanctions; and Clergy Discipline and Safeguarding.’

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Law & Religion UK, 15th August 2023

Source: lawandreligionuk.com

Buildings Safety Act 2022: Different statutory regimes do not operate in isolation (Various leaseholders of Priory Heights v Central Beds Council) – Tanfield Chambers

‘Priory Heights, a former tax office, is over 29 metres high, was converted from commercial to residential use between 2003 and 2008, and contains 64 flats. It contains two staircases one of which is external and covered in combustible HPL cladding. It is indisputable that the cladding must be removed and replaced. The necessary remediation measures also include compartmentation and fire stopping work in the building’s common parts.’

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Tanfield Chambers, 20th July 2023

Source: www.tanfieldchambers.co.uk

Leaseholder Causes of Action: Key Points for Busy Practitioners – Tanfield Chambers

Posted August 3rd, 2023 in building law, chambers articles, defective premises, leases, news by sally

‘Hugh Rowan examines three new cases of action under the BSA.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk