Part 5Other provision about safety, standards etc

Building liability orders

I1I2130Building liability orders

1

The High Court may make a building liability order if it considers it just and equitable to do so.

2

A “building liability order” is an order providing that any relevant liability (or any relevant liability of a specified description) of a body corporate (“the original body”) relating to a specified building is also—

a

a liability of a specified body corporate, or

b

a joint and several liability of two or more specified bodies corporate.

3

In this section “relevant liability” means a liability (whether arising before or after commencement) that is incurred—

a

under the Defective Premises Act 1972 or section 38 of the Building Act 1984, or

b

as a result of a building safety risk.

4

A body corporate may be specified only if it is, or has at any time in the relevant period been, associated with the original body.

5

A building liability order—

a

may be made in respect of a liability of a body corporate that has been dissolved (including where dissolution occurred before commencement);

b

continues to have effect even if the body corporate is dissolved after the making of the order.

6

In this section—

  • “associate”: see section 131;

  • “building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from the spread of fire or structural failure;

  • “commencement” means the time this section comes into force;

  • “the relevant period” means the period—

    1. a

      beginning with the beginning of the carrying out of the works in relation to which the relevant liability was incurred, and

    2. b

      ending with the making of the order;

  • “specified” means specified in the building liability order.