First-tier Tribunal Orders Remediation of Building Safety Defects

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

HAV/00HQ/BSA/2025/0002

Property

:

1-31 Oyster Bay Apartments, Sterte, Poole [POSTCODE]

Applicant: [redacted] Council

Representative

:

BCPC Legal Department

Respondent: [redacted]

:

[COMPANY] of Application

:

Application for a Remediation Order Section 123 Building Safety Act 2022.

Tribunal Member(s)

:

Judge J Dobson

Date of Order

:

10th April 2026

REMEDIATION ORDER

2 UPON the Applicant’s application for a remediation order under section 123 of the Building Safety Act 2022 (the “Act”) in respect of the property known as 1- 31 Oyster Bay Apartments, Sterte, Poole [POSTCODE] (“the Property”)

AND UPON the Respondent consenting to a remediation order being made on the terms set out below (the “Remediation Order”)

AND UPON the Respondent admitting that the defects (the “Relevant Defects”) set out in the schedule hereto (the “Schedule”) are relevant defects within the meaning of the Act

AND UPON the Tribunal making the Remediation Order on the terms agreed between the parties

AND UPON the following expert evidence having been provided to the parties in these proceedings:

(1) report of [NAME] dated 24 November 2025 (2) report of [NAME] dated 12 February 2026 (3) report of [NAME] [NAME] dated 13 February 2026 (4) joint statement of Mr [NAME] and Mr [NAME] dated 13 March 2026

THE TRIBUNAL ORDERS THAT:

1. The Respondent shall remedy the Relevant Defects by the time specified in paragraph 3 below.

2. The Respondent shall do so in accordance with the works (the “Agreed Works”) contained in the Schedule

or

such other means (the “Alternative Works”) as shall effectively ensure the remediation of the Relevant Defects to the Property.

3. The Respondent shall complete the Agreed Works and/or any Alternative Works (collectively the “Works”) by no later than 14th August 2030.

4. The Respondent shall do so in compliance with the Building Regulations applicable at the time the Works are undertaken so that the Relevant Defects are remedied. The Respondent shall obtain a post- Works Fire Risk Appraisal of External Walls (FRAEW) pursuant to PAS 9980:2022.

5. The parties have permission to apply in relation to paragraphs 1 and 3 and the Schedule. In particular, the Respondent has permission to apply to extend the time for compliance with this Order.

3 6. Any application must:

i) be made using the Tribunal’s Form “Order 1”; ii) be supported by detailed evidence explaining the reason for the application and a proposed draft order setting out the variation sought; iii) be served on the lessees of the residential apartments in the Building and iv) include a realistic time estimate for the application to be heard.

7. The parties may rely on relevant expert evidence in support of the application.

8. The Respondent must notify the Tribunal and the Applicant, that it considers it has complied with this Order, within one month of the certified date of practical completion of the Works.

Pursuant to section 123(7) of the Building Safety Act 2022, this Order is enforceable with the permission of the County Court in the same way as an order of that court.

4 SCHEDULE

- 1-31 Oyster Bay Apartments, Sterte, Poole [POSTCODE]

Relevant Defect

Agreed Works

External wall defects

Wall Type 1 contains combustible thermal insulation.

Remove and replace with panels having insulation of Class A2, s1-d0 or better. Wall Types 2 and 3 contain combustible thermal insulation.

Remove and replace with thermal insulation of Class A2-s1, d0 or better. Wall Type 1 cladding panels installed with fixed to timber battens.

Remove and replace with non-combustible alternative. Wall Type 1 panels penetrated by services and balcony/balustrade fixings with no cavity barriers provided.

Where penetrations are open to the wall cavities, install suitable cavity barriers. In those locations where the services, fittings etc are not steel (at least 0.5mm thick) and penetration communicates with the wall cavity. Cavity barriers omitted from around windows and other openings services penetrations in Wall Type 2.

Install suitable cavity barriers in all locations specified in current edition of Approved Document B. No proprietary cavity barriers in Wall Type 1 and steel sections that could fulfil the role have unsealed perforations and penetrations.

Install proprietary cavity barriers in relevant locations or correctly and adequately fire stop the perforations and penetrations in the existing steel channels. Omitted or inadequate fire compartment and/or fire resisting walls and valleys of trapezoidal roof / floor Install suitable fire stopping in the valleys of the trapezoidal decks where they run perpendicular to the fire separating walls.

5 decking.

Internal defects

Inadequately installed mineral fibre as fire stopping where services penetrate fire separating walls within flats.

Install suitable fire stopping wherever fire separating walls are penetrated by services etc. Fire compartment wall between services cupboard (top floor) and adjacent flat incomplete.

Repair gap between plasterboard lining to fire compartment wall. Steel roof/floor beams passing through fire compartment walls not adequately fire stopped.

Remove inadequate fire stopping and install suitable fire stopping product/method. Fire stopping missing from plastic back boxes of electrical sockets in fire separating walls.

Install adequate fire stopping to sockets, such as “putty pads” or similar. Soil vent pipe in bathroom of flats on topmost floor of Property inadequately fire stopped.

Install suitable and adequate fire stopping. Combustible timber decking on balconies.

Remove and replace with suitable non-combustible alternative. Inadequate stair core compartmentation.

Remove inadequate fire stopping and install suitable fire stopping product/method. Inadequate fire compartmentation.

Commission a competent person to carry out an intrusive survey of the Property and then remedy all relevant defects identified in the survey.