Building Safety Act experts at leading law firm Walker Morris have successfully secured the first known remediation order for a local authority under the Building Safety Act 2022 (BSA). The decision comes at the same time that the Government has announced a fund for local authorities to pursue those responsible for remediating buildings using the powers in the BSA.
The London Borough of Tower Hamlets (LBTH) enlisted Walker Morris’ expertise to issue an application for a remediation order for a building in Stepney. Despite previous improvement notices and enforcement attempts by both LBTH and the London Fire Brigade, the building owner failed to remediate the dangerous materials, leaving innocent residents in Tower Hamlets living in unsafe homes. The building owner has now been ordered to replace its dangerous ACM cladding, and install new cavity barriers and replace combustible insulation.
The remediation order, obtained with representation from Walker Morris, mandates the landlord to commence crucial fire safety works in early 2025 and to ensure completion by 2026 (subject to BSR approval). The order is not only the first of its kind granted to a local authority but also establishes that a remediation order can specify a pivotal commencement date for the necessary safety measures as well as an end date, marking a significant advancement in building safety enforcement.
In 2022, the BSA provided local authorities with additional enforcement powers, including remediation orders, to complement local authorities existing Housing Act 2004 powers. Since the introduction of the BSA, Walker Morris have successfully acted in over 12 remediation order applications made by the Tribunal including acting on behalf of the Secretary of State in the “landmark” proceedings concerning Vista Tower, Stevenage.
Commenting on the major development, Lewis Couth, Partner in Walker Morris’ Real Estate Litigation Team, said, “Securing this order is a further landmark case. Local authorities have had these powers for a couple of years but it’s the first time we’ve seen a local authority use them. I hope this, together with the new funding being made available paves the way for other local authorities to ensure that unsafe buildings in their authority are made safe”.
Lewis continued, “We would encourage other local authorities to look closely to identify buildings where unsafe cladding has not been fixed. For buildings higher than 11 metres, it’s clear we’re entering a new era of building safety, and the Government is putting further pressure to speed up work seven years after the Grenfell tragedy. If local authorities are struggling to get landlords to comply with safety regulations, then this recent Tower Hamlets decision shows that there is a solution to accelerating life-critical remedial works”.
Walker Morris has launched a webinar series aimed at helping local authorities understand the Building Safety Act, with the second video planned for the early new year. They will also be publishing some specific advice to local authorities in England and Wales and are able to represent these local authorities.”