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PropertyWednesday 29 January 2025

High Court finds a ‘building safety risk’ which could lead to the making of a ‘building liability order’ under the Building Safety Act 2022 and permits RTM company to claim damages on behalf of leaseholders

Tiffany Scott KC has written a case analysis for LexisNexis on 381 Southwark Park Road RTM & Various Leaseholders v Click St Andrews. This is the first High Court case to hold that defective works by a developer gave rise to a ‘relevant liability’ as a result of a ‘building safety risk’ under section 130(3)(b) of the Building Safety Act 2022 (BSA 2022), paving the way for the claimant right to manage company (RTM Co) to apply at a subsequent hearing for a building liability order (BLO) against the parent company of the insolvent developer.

For subscribers of LexisNexis, you can read the article here.

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