New Clause 31 - Remediation orders

Leasehold and Freehold Reform Bill – in the House of Commons at 6:00 pm on 27 February 2024.

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“(1) Section 123 of the BSA 2022 (remediation orders) is amended in accordance with subsections (2) to (4).

(2) In subsection (2), for “remedy specified relevant defects in a specified relevant building by a specified time” substitute “do one or both of the following by a specified time—

(a) remedy specified relevant defects in a specified relevant building;

(b) take specified relevant steps in relation to a specified relevant defect in a specified relevant building.”

(3) For subsection (6) substitute—

“(6) In this section—

“relevant building” : see section 117;

“relevant defect” : see section 120;

“relevant steps” : see section 120;

“specified” means specified in the order.”

(4) After subsection (7) insert—

“(8) In proceedings for a remediation order, a direction given by the First-tier Tribunal requiring a relevant landlord to provide or produce an expert report is to be regarded as a decision for the purposes of subsection (7).

(9) In subsection (8), “expert report” means an expert report or survey relating to—

(a) relevant defects, or potential relevant defects, in a relevant building;

(b) relevant steps taken or that might be taken in relation to a relevant defect in a relevant building.”

(5) The amendments made by this section apply in relation to proceedings for a remediation order as mentioned in section 123 of the BSA 2022 which are pending on the day on which those amendments come into force (as well as proceedings for such an order which are commenced on or after that day).”—(Lee Rowley.)

This new clause amends provisions of the Building Safety Act 2022 which are about remediation orders, to make it clear that: (i) a remediation order can require a landlord to take relevant steps (see NC30), and (ii) the First-tier Tribunal may order, and enforce, the production of an expert report.

Brought up, and added to the Bill.