Citation: LON/00AT/BSB/2025/0608
This judgment on a preliminary issue application in a remediation contribution order was the first to consider the test for what is a relevant building in Part 5 of the Building Safety Act 2022.
The fire safety defects were in a “low rise” part of a development which was less than 5 storeys and 11m high. However, the other “high rise” part of the development was more than 5 storeys and 11m high. The question was whether the relevant part was a separate building or separate part of a building.
The First Tier-Tribunal had to consider, for the first time in a BSA context, the tests for “structural detachment” and the services separation in s.117 of the BSA. The preliminary issue involved consideration of the legal test, as well as expert evidence from, and cross-examination of, structural engineering and building services experts.
The First Tier-Tribunal agreed with the Applicant, A2 Dominion, that the relevant part of the building was not a separate building or separate part of a building because:
1. The low rise part was not structurally detached.
2. The services (particularly the heating and hot water) were not provided independently to the low rise part and could not be provided independently without causing significant disruption to the services of the occupants of the high rise part.
James Frampton acted for the successful applicant, instructed by A2Dominion’s in-house counsel.
You can read the full judgment here.
