Part 5Other provision about safety, standards etc

Remediation of certain defects

I1C1124Remediation contribution orders

1

The First-tier Tribunal may, on the application of an interested person, make a remediation contribution order in relation to a relevant building if it considers it just and equitable to do so.

2

“Remediation contribution order”, in relation to a relevant building, means an order requiring a specified body corporate or partnership to make payments to a specified person, for the purpose of meeting costs incurred or to be incurred in remedying relevant defects (or specified relevant defects) relating to the relevant building.

3

A body corporate or partnership may be specified only if it is—

a

a landlord under a lease of the relevant building or any part of it,

b

a person who was such a landlord at the qualifying time,

c

a developer in relation to the relevant building, or

d

a person associated with a person within any of paragraphs (a) to (c).

4

An order may—

a

require the making of payments of a specified amount, or payments of a reasonable amount in respect of the remediation of specified relevant defects (or in respect of specified things done or to be done for the purpose of remedying relevant defects);

b

require a payment to be made at a specified time, or to be made on demand following the occurrence of a specified event.

5

In this section—

  • “associated”: see section 121;

  • “developer”, in relation to a relevant building, means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;

  • “interested person”, in relation to a relevant building, means—

    1. a

      the Secretary of State,

    2. b

      the regulator (as defined by section 2),

    3. c

      a local authority (as defined by section 30) for the area in which the relevant building is situated,

    4. d

      a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated,

    5. e

      a person with a legal or equitable interest in the relevant building or any part of it, or

    6. f

      any other person prescribed by regulations made by the Secretary of State;

  • “partnership” has the meaning given by section 121;

  • “relevant building”: see section 117;

  • “relevant defect”: see section 120;

  • “specified” means specified in the order.

6

The Secretary of State may by regulations provide that this section applies, with or without modifications, in relation to a building that would, but for section 117(3), be a relevant building.