Triathlon Homes LLP v Stratford Village Development Partnership & Anor [2025] EWCA Civ 846 (08 July 2025)

Triathlon Homes LLP v Stratford Village Development Partnership & Anor [2025] EWCA Civ 846 (08 July 2025)

It is just and equitable under section 124 of the Building Safety Act 2022 to make remediation contribution orders against the developer and its associate, even where public funding is available, because the statutory scheme places primary responsibility on those connected to the building rather than the taxpayer. The Act's mechanisms, including RCOs, are intended to ensure that developers and their associates bear the costs of remedying building safety defects. RCOs can also be made in respect of costs incurred before the Act came into force.

Citation
[2025] EWCA Civ 846
Parties
Applicant/respondent to Appeal: Triathlon Homes LLP; Respondent to Application/appellant: Stratford Village Development Partnership; Respondent to Application/appellant: Get Living PLC; Respondent to Application and Appeal: East Village Management Ltd; Intervener: Secretary of State for Housing, Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
08 July 2025
Procedural Posture
Appeal From Upper Tribunal (lands Chamber) (originally First Tier Tribunal) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Remediation Contribution Orders, Building Safety Act 2022, Service Charges, Developer Liability, Public Funding and Recoupment
Property Law Landlord and Tenant Building Safety Remediation Contribution Orders Building Safety Act 2022 Service Charges Developer Liability Public Funding and Recoupment

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Parties

Triathlon Homes LLP

Applicant/respondent to Appeal

Stratford Village Development Partnership

Respondent to Application/appellant

Get Living PLC

Respondent to Application/appellant

East Village Management Ltd

Respondent to Application and Appeal

Secretary of State for Housing, Communities and Local Government

Intervener

Procedural Posture

Appeal From Upper Tribunal (lands Chamber) (originally First Tier Tribunal) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether it was just and equitable to make remediation contribution orders (RCOs) against the developer and its associate under section 124 of the Building Safety Act 2022, particularly where public funding was available for remediation works.
  2. 2 Whether RCOs can be made in respect of costs incurred before the relevant provisions of the Building Safety Act 2022 came into force on 28 June 2022.

Ratio Decidendi

It is just and equitable under section 124 of the Building Safety Act 2022 to make remediation contribution orders against the developer and its associate, even where public funding is available, because the statutory scheme places primary responsibility on those connected to the building rather than the taxpayer. The Act's mechanisms, including RCOs, are intended to ensure that developers and their associates bear the costs of remedying building safety defects. RCOs can also be made in respect of costs incurred before the Act came into force.

Court Disposition

Appeal dismissed

Orders

  • Remediation contribution orders against Stratford Village Development Partnership and Get Living PLC affirmed.
  • Payments to be made to Triathlon Homes LLP and East Village Management Ltd as specified in the First-tier Tribunal's order dated 5 March 2024.