Chapter 1: Introduction

A summary of what remediation contribution orders are and how they work.

A remediation contribution order is made by the Property Chamber of the First-tier Tribunal (the Tribunal”). It can require a company or companies to pay for the costs of:

  • remediating certain building defects
  • taking relevant steps to reduce the risk from those defects, and/or
  • temporary accommodation and associated reasonable travel costs, removal costs and storage costs where residents have been decanted due to building safety risks

See section 2.5 for more information on what costs can be included in a remediation contribution order.

Landlords, developers, and companies associated with either of these, can be made to pay through a remediation contribution order. Remediation contribution orders are not a fault-based order. This means a company can be made to pay irrespective of whether they caused the defect(s) in question or are able to carry out the works to remediate them. See section 2.2 for more information on who can be required to pay under a remediation contribution order.

Remediation contribution orders can be made in relation to self-contained residential buildings that are at least 11 metres high or have at least 5 storeys; contain at least 2 residential units; and feature at least one relevant defect. A relevant defect is defined in the Building Safety Act 2022 as a defect that has arisen from anything that has been done (or not done), or anything used (or not used), in connection with relevant works, and causes a building safety risk. See sub-section 2.4.2 for more information about relevant defects, including definitions of “building safety risk” and “relevant works.”

Remediation contribution orders can be used in several different ways to make funding available for costs incurred in relation to the remediation of a building. For example, they can be used to:

  • secure funding for remediation works to take place
  • provide funding for relevant steps, such as a waking watch
  • recover costs which a party has incurred through remediation works being carried out, either directly or through a service charge; and/or
  • recover temporary accommodation costs for decanted residents

See Chapter 5 for more information on how a remediation contribution order can be used, and the factors applicants may wish to consider when considering making an application. 

This document does not constitute legal advice. Any person considering making an application for a remediation contribution order should seek their own legal and expert advice, and should not rely on this document.