Citation: [2025] UKUT 157 (LC)
A decision from the Upper Tribunal in an appeal against a remediation order made by the First-tier Tribunal under the Building Safety Act 2022. The decision makes clear that an application for a remediation order does not require or enable the FTT to conduct a building safety audit, and that the FTT's discussion of the law relating to Higher Risk Buildings should have been removed from its first instance decision. This decision also discusses the circumstances in which the FTT can (a) raise new issues not advanced by the parties and (b) use its expert knowledge, making plain that proceedings before the FTT are an adversarial (not inquisitorial) process.
The appellant, Monier Road Limited, was represented by Jonathan Selby KC.
Click here to read the full decision: LC-2024-661 corrctd.pdf
