remediation order
📖 What is remediation order? Meaning and definition
A remediation order is a formal decision made by the First-tier Tribunal (Property Chamber) under section 123 of the Building Safety Act 2022. It compels a party, typically the landlord, to undertake necessary remedial works to a property. These orders are often granted in response to applications made by leaseholders or tenants concerning safety defects in their residential buildings.
The application for a remediation order is usually initiated by leaseholders of flats within a building, who seek to ensure that safety concerns are addressed. The Tribunal will hear evidence from both the applicants and the respondent (e.g., the landlord or building owner) before making a decision. The process may involve inspections of the property by the Tribunal to assess the issues.
Once a remediation order is made, it specifies the terms under which the required works must be completed. If there is a need to change these terms, an application can be made to vary the order. The Tribunal can also make related orders, such as preventing the landlord from passing on the costs of the proceedings to leaseholders through service charges, especially where leaseholders are protected by provisions like Schedule 8 to the Building Safety Act 2022.
📋 Requirements
- An application must be made for a remediation order under section 123 of the Building Safety Act 2022.
- The application is typically made by leaseholders of flats within a residential building.
- The Tribunal must determine that remedial works are necessary for the building.
- The Tribunal will consider evidence from all parties involved, including the applicant and respondent.
📝 Procedure
- Leaseholders submit an application for a remediation order to the First-tier Tribunal (Property Chamber).
- A hearing is scheduled where representatives for both the applicants and the respondent present their cases.
- The Tribunal may conduct an inspection of the property to gather further information.
- The Tribunal issues a decision, which may include making a remediation order with specific terms.
- Parties can apply to vary the terms of an existing remediation order if needed.
💡 Examples
- Leaseholders of 45 residential flats applied for a remediation order to address fire safety concerns in their building, leading the Tribunal to grant the order.
- Following an application by a number of leaseholders, a remediation order was issued for a building with timber elevations and substantial walkways in its central courtyard.
- A Tribunal made a remediation order for a specific residential property, also ordering that the landlord's legal costs could not be recovered through service charges.
- An application to vary the terms of an existing remediation order was disposed of by a consent order agreed between the parties.
📚 Legal basis
- Building Safety Act 2022
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
- Landlord and Tenant Act 1985
❓ Frequently asked questions
What kind of issues do remediation orders typically cover?
Based on the cases, remediation orders are frequently granted for fire safety issues and other building defects that require remedial works to ensure the safety and habitability of residential properties.
Who can apply for a remediation order?
Applications for remediation orders are typically made by leaseholders of flats within a building, often with a lead applicant representing a group of leaseholders.
Which body makes a remediation order?
A remediation order is made by the First-tier Tribunal (Property Chamber), which is a specialist court dealing with property disputes.
Can a remediation order be changed after it's made?
Yes, an application can be made to the Tribunal to vary the terms of a remediation order. This might happen if circumstances change or if the parties agree on different terms.
Do leaseholders have to pay for the landlord's legal costs if they apply for a remediation order?
Not always. The Tribunal can make an order under section 20C of the Landlord and Tenant Act 1985, preventing the landlord from passing on their legal costs to leaseholders through service charges, especially if leaseholders are protected by the Building Safety Act 2022.
What is the legal basis for a remediation order?
The legal basis for a remediation order is section 123 of the Building Safety Act 2022.