Building Safety Act 2022 & Remediation Contribution Orders

If you’re a landlord, developer, or property investor, the Building Safety Act 2022 (BSA) with its new powers to compel owners and controllers of buildings to address structural safety and fire defects should set the alarm bells ringing.

No-one wants to get hit with a Remediation Contribution Order (RCO) for historic building safety liabilities; a recent Court of Appeal ruling means RCOs can be applied retrospectively.

This article explains the background to these new orders and the positive and negative implications for developers, property owners, and investors.

We act for leaseholders, commercial landlords and developers across England and Wales involved in construction disputes, including in respect of poor workmanship and building safety defects. If you’re worried about your portfolio or want guidance on obtaining an RCO, contact our specialist litigation solicitors.Our construction team have decades of experience dealing with similar cases, and we would love to help you.

What Is a Remediation Contribution Order Under the Building Safety Act 2022? 

The BSA gives the courts power to grant two types of orders: Remediation Orders and Remediation Contribution Orders.

A Remediation Order means the property owner or landlord must carry out works to remedy identified building safety defects. 

Under Section 124 of the BSA, Remediation Contribution Orders require an identified party to contribute to the cost of remediation works where relevant safety defects are identified.

The tragic fire at Grenfell Tower in London in 2017 gave rise to complex debates about cladding on buildings and who was responsible for its remediation or removal. A lack of clarity left many landlords and property managers in limbo, and tenants unable to remortgage or sell.

RCOs were introduced to ensure funding to fix safety defects is available, or provide reimbursement for costs already incurred. The orders are designed to share the financial burden of remediation fairly amongst those responsible for safety issues. 

Disputes over payment responsibility for remediation works had been causing unacceptable delays for buildings labelled as unsafe.

In 2025, the Court of Appeal ruled that RCOs under Section 124 may apply retrospectively, even when the government had already funded the remediation works. Developers, or other parties, can be forced to reimburse historic costs incurred before the BSA even came into effect under an RCO.

The ruling in Triathlon Homes LLP v. Stratford Village Development Partnership has huge implications for developers, property owners, investors, and landlords relating to liabilities for historical safety defects.

Which Buildings and Defects Can a Remediation Contribution Order Apply To? 

A Remediation Contribution Order can be made in relation to any building in England that provides a minimum of two dwellings, and is at least 11 metres high, or has a minimum of 5 storeys.

In very broad terms, an RCO covers a defect that causes a building safety risk. However, specialist legal advice should be obtained before seeking an RCO to establish whether the defect(s) in question are covered by the RCO regime.

Who Can Be Ordered to Pay Under a Remediation Contribution Order? 

A Remediation Contribution Order has a broad scope and can be made against anyone with a legal or equitable interest in a qualifying building. This includes current landlords, previous landlords, and developers as well as any person ‘associated’ with them, including parent and sister companies. 

It means that associates of the original developer including those acquiring an interest in the corporate structure like a holding company, could be held liable for remediation costs even though they were never involved in the original development.

What Costs Can Be Recovered Through a Remediation Contribution Order? 

An RCO covers costs incurred or to be incurred to remedy relevant safety defects in qualifying buildings. 

A Remediation Contribution Order requires payments to a specified person, typically a leaseholder, current or former landlord, developer, or their associates.

How Do You Apply for a Remediation Contribution Order? 

Applications for Remediation Contribution Orders are made to the First-tier Tribunal (FTT). Your application must identify the building and ensure it meets certain criteria.

Applications can only be submitted by an ‘interested person’. The statute lists those who qualify and this includes leaseholders, regulators, landlords, tenants and local fire and rescue authorities. The application may directly benefit the applicant, or it can be for the benefit of others.

The tribunal will make an order when it considers it ‘just and equitable’ to do so. If you disagree with their decision, there is an appeals process.

The government website provides some guidance on the framework for applying for a Remediation Contribution Order. However, there is no substitute for specialist legal advice.

When Is a Remediation Contribution Order Worth Considering? 

A Remediation Contribution Order is worth considering when there are substantial building safety defects, and the costs associated with remediation are significant. They are also important tools when looking to recover costs from parties that might otherwise be out of reach under other claims, such as parent or sister companies, which may hold significant assets.

Why Specialist Legal Advice Matters in Building Safety Act Recovery Claims 

RCOs pivot on a distinction between liability and culpability; for landlords, property owners and developers, this means you can get stung with high costs even though the original work was nothing to do with you.

On the flip side, RCOs provide a mechanism to fund costly safety defect works on properties in your portfolio or that you currently reside in.

The landscape around building defects has long been patchy with reliance on statutory provisions and contractual warranties. What the BSA makes clear is that this is a rapidly evolving picture requiring specialist advice to protect your interests.

Frequently Asked Questions

Who can apply for a remediation contribution order?

The BSA defines an applicant as an ‘interested person’ which includes landlords, residential leaseholders, tenants, and property owners.

The definition also includes public bodies such as councils, local fire and rescue authorities, and the Building Safety Regulator.

Can leaseholders recover money already paid for building safety works? 

The Building Safety Act 2022 protects leaseholders from historical building safety costs. This means that if leaseholders have already contributed to the remediation of relevant building safety defects on a qualifying building, they can recover this money by using an RCO.

Can associated companies be liable under the Building Safety Act? 

Associated companies can be liable under the Building Safety Act; this broad definition extends liability beyond the developer and current landlord. Typical associated links include having directors in common or being controlled by the same parent company, creating a potential joint liability for remedying safety defects.

How do I apply for a remediation contribution order?

An application for an RCO is made via the First-tier Tribunal. The property must be a qualifying building with relevant safety defects in line with the provisions of the BSA. You must also have ‘interested person’ status so a legal or equitable interest to make an application.

Need Advice? Contact Helix Law.

RCOs have changed the landscape of property ownership, management, and investment, creating new liabilities for building safety remediation. This impacts existing portfolios as well as past property investments and is something of a double-edged sword.

Helix Law are a team of specialist litigation solicitors providing practical and strategic advice on all aspects of commercial property and construction disputes, including disagreements over safety defects and allocation of liability for remediation costs.

We offer cost-effective solutions that focus on strategic advice tailored to your individual situation and aligning with your commercial objectives. We define your options clearly and protect your legal rights and position from the outset. We put our own fees on the line for qualifying cases. No Win No Fee funding is available on commercial property disputes typically valued over £10,000 with strong prospects of success, subject to case assessment.

If you’re unsure of what steps to take regarding your property or portfolio, or if you want to apply for an RCO, speak to our specialist litigation solicitors. Our team work nationally and we would be happy to assist you.