Another long fire safety 🧵Making developers pay? Useful change in new amendments proposed to BSB (bills.parliament.uk/publications/4… p38) Outlined in 🧵 + some important further amends suggested (hoping @luhc and @team_greenhalgh will read😉) @LKPleasehold 1/12
Cl 125 = FTT can make remediation orders requiring landlord to fix. New amend allows order against others eg management company that is party to lease (ie those with legal power to fix) 2/12
Cl 126: FTT can make a remediation contribution order if ‘just and equitable’. Previous version of BSB (2 March) said order could be only be against landlord/corporate associated with landlord. 3/12
Under NEW gvt amends the ability to make a contribution order is extended to allow order against landlord or DEVELOPER (or associated corps) 4/12
Who can apply for order? Regulator, LA, FRS, person with property right in building, (and with new amend SoS) Also new amends say it can apply to enfranchised buildings. 5/12
Intention: FTT can order remediation + make landlord/developer pay. Further amendments to this needed: 6/12
1.‘Accountable person’ may have duty to fix (cl 88) BUT cl 126 does not give it power to apply for contribution order – ➡️➡️this needs to change 7/12
2. what is ‘just and equitable’? Clear rules better. ➡️➡️Add order WILL be made if developer in breach of DPA duty, or breach of building regulations at time or otherwise ‘just and equitable’? 8/12
3.Is FTT the right body to deal with this? @nearlylegal @LawandLease @justinbates28 Does it have the right expertise to determine these questions? (No: that’s why amendments to Blg Act proposed by Lord Young included Technical committee). 9/12
5.Not covered at present is any ability to hold developer accountable for interim costs etc. Does gvt think this is just spilt milk? 11/12
Not how I intended to spend Saturday after return from holiday. But if this is direction of travel from @michaelgove team let's help make it as a good as it can be. 12/end and enjoy your evening 🍷
Adding to thread. The speed, vastness, absence of explanatory notes makes full scrutiny of BSB impossible. Have judiciary been consulted over FTT role in BSB? Which Chamber would be most appropriate? None seem to have technical knowledge needed. @team_greenhalgh
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