Building Liability and Remediation Orders: Legal Framework and Case Law

The Building Safety Act 2022 (BSA 2022) introduced key legal provisions aimed at holding developers and contractors accountable for structural defects and safety risks. Among these mechanisms are Building Liability Orders (BLOs), Remediation Orders (ROs), and Building Liability Information Orders (BLIOs). These measures are intended to prevent companies from evading liability through corporate restructuring or dissolution.

A common industry practice involves the use of special purpose vehicles (SPVs) to manage construction projects, which are often wound up upon project completion. This setup allows parent companies to sidestep long-term liability. However, Section 130 of the BSA 2022 counters this strategy by allowing courts to extend liability to related corporate entities, effectively bypassing corporate protections.

This course explores the legislative framework underpinning these orders and examines recent judicial interpretations of their enforcement.

By the end of this course, you should be able to:

1. Understand the purpose and application of Building Liability Orders (BLOs), Remediation Orders (ROs), and Building Liability Information Orders (BLIOs) under the Building Safety Act 2022
2. Analyse how courts determine liability and enforce compliance, particularly in cases involving corporate restructuring or dissolved entities
3. Evaluate key case law to interpret how recent judicial decisions shape the enforcement of safety and remediation obligations