Remediation Orders – Waite and Others v Kedai Ltd (2023)

On the 9^th of August 2023 a Tribunal handed down the first remediation order under section 123 of the Building Safety Act 2022 (BSA 2022).

In 2015 the old South London Press building was converted into 35 brand new residential flats. The landlord had obtained the necessary Building Regulation approval in 2010, and the building was constructed in accordance with that approval.  However, the construction included Aluminum Composite Material (ACM) as part of the external materials used, and the building was missing internal compartmentation; with combustible insulation being present.

The leaseholders (as an Interested Person) brought an application to rectify these defects, which the Tribunal considered in detail.

In their determination that Tribunal concluded:

1. That the relevant building regulations for their consideration were those in force at the time of the hearing; and therefore, the prior Building Regulations Approval was irrelevant.

2. That it could not implement a detailed specification of how the remedial works were to be completed as this would prevent negotiation with contractors and alterations required should further planning/building regulations approval be required. However, any remedial work must be completed in accordance with the current building regulations alongside any fire-related standards which the tribunal would order.

3. Prior knowledge of the defect was not of concern to the Tribunal when considering how long to allow for the works to be completed; and the Tribunal would allow sufficient time for completion of the works from the date of the hearing, including time for further planning, and tendering.

This decision is therefore helpful guidance as to how a Tribunal will approach a Remediation order.

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