United Kingdom · property

How to Apply for a Remediation Order Under the Building Safety Act in the UK

If your freeholder or managing agent is stalling on critical cladding, fire safety, or structural repairs, you do not have to wait indefinitely. Under Section 123 of the Building Safety Act 2022, leaseholders and residents in the United Kingdom can apply to the First-tier Tribunal for a binding Remediation Order. This guide explains statutory qualifying criteria, how to complete Form BSA1, and how to compel your landlord to make your building safe.

What the Law Says: Section 123 Remediation Orders in the United Kingdom

In the United Kingdom (specifically England), the Building Safety Act 2022 (BSA 2022) fundamentally rebalanced the relationship between leaseholders and inactive freeholders. Under Section 123 of the Act, the First-tier Tribunal (Property Chamber) has statutory authority to issue a Remediation Order against a 'relevant landlord', compelling them to remedy specified building safety defects within a court-mandated deadline.

To qualify, your block must be a 'relevant building' under Section 117: it must contain at least two dwellings, stand at least 11 metres high or have at least 5 storeys, and not be an excluded leaseholder-owned enfranchised block. The defects must qualify as 'relevant defects' under Section 120—meaning historical construction or refurbishment failures completed between 28 June 1992 and 28 June 2022 that cause a 'building safety risk' (specifically the spread of fire or structural collapse).

The Tribunal has confirmed that this legislation must work practically for leaseholders. In the landmark case Waite & Ors v Kedai Ltd (2023), the First-tier Tribunal established that leaseholders do not need to design the engineering solution or wait for the resolution of third-party funding disputes before an order is granted. Any 'interested person' under Section 123(6)—including individual leaseholders, Resident Management Companies (RMCs), or local authorities—has legal standing to make an application.

Why Freeholders Stall and What Triggers Tribunal Action

Freeholders, corporate landlords, and commercial managing agents often delay vital remediation. Common excuses include protracted negotiations over Fire Risk Appraisals of External Walls (FRAEW under PAS 9980), bureaucratic delays with the Building Safety Fund (BSF) or Cladding Safety Scheme (CSS), or arguments over developer pledges.

The First-tier Tribunal does not treat commercial convenience or funding negotiations as a valid defence for inaction. In cases such as Leaseholders at Block P Wotton Court v FirstPort Property Services Ltd (2025/2026), the Tribunal stepped in to order remediation and structural investigations despite unresolved practical hurdles. An order places the landlord under a strict, legally enforceable timetable, backed by the court's enforcement powers.

Crucially, Parliament anticipated landlord retaliation: under Paragraph 9 of Schedule 8 to the Building Safety Act 2022, landlords are strictly prohibited from passing their legal costs of defending Section 123 proceedings onto qualifying leaseholders through service charges. When pre-action notices fail to produce a binding timetable, an application is the most direct way to break the deadlock.

Preparing Your Case and Navigating Next Steps

An application for a Remediation Order is made using Form BSA1, filed with the appropriate regional office of the First-tier Tribunal (Property Chamber). At the application stage, you do not need an exhaustive catalogue of every defect, but you must identify and describe at least one relevant defect causing a safety risk. Supporting evidence can include an existing FRAEW report, an EWS1 form, independent surveyor findings, local authority improvement notices, or letters from your fire and rescue service.

You must name the correct 'relevant landlord' as the respondent. Under Section 123, this is the landlord under a lease of the building who has the repair and maintenance obligation for the structure, exterior, or defect in question. Before submitting, send a formal letter of claim giving the landlord a final, clear deadline to commit to remediation dates, and keep records of all communications.

You do not have to navigate building safety litigation alone or unprepared. You can use Caunsel to research your legal rights under the Building Safety Act 2022, save and organise your surveyor reports and correspondence into a case file, or list your matter to consult an independent specialist property lawyer before filing your application.

Steps

• Verify building and defect eligibility: Confirm that your building is located in England, has at least two dwellings, is at least 11 metres tall or 5 storeys, and that the defect arises from works completed between 28 June 1992 and 28 June 2022 that create a fire or structural risk.
• Identify the relevant landlord: Inspect your lease and Land Registry title registers to confirm which landlord entity holds the repairing and maintenance obligations for the common parts and exterior.
• Send a formal pre-action letter: Write to the landlord setting out the identified defects, referencing Section 123 of the Building Safety Act 2022, and giving a 14- to 28-day deadline to provide an enforceable remediation schedule.
• Complete and file Form BSA1: Download Form BSA1 from GOV.UK, detail the relevant defects, attach your evidence (such as a FRAEW or surveyor report), and submit the form to your regional First-tier Tribunal (Property Chamber) along with the requisite fee or Help with Fees application.
• Comply with Tribunal Directions: Follow the procedural timetable issued by the Tribunal under the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, exchange witness statements, and present your proposed schedule of remediation terms.

Common mistakes

• Confusing a Remediation Order (Section 123) with a Remediation Contribution Order (Section 124): Form BSA1 orders the landlord to carry out physical works, whereas Form BSA2 asks the Tribunal to order a developer or associate company to pay money towards costs.
• Naming a managing agent or intermediate company that has no structural repairing obligation under the lease as the sole respondent, rather than the relevant landlord.
• Waiting indefinitely for grant funding approvals or developer negotiations to conclude before taking action, even though the Tribunal does not require funding to be settled before issuing an order.
• Allowing the landlord to add legal fees from the Tribunal proceedings to your service charge, in breach of Paragraph 9 of Schedule 8 to the Building Safety Act 2022.

Questions people ask

Can my landlord charge their legal defense costs back to leaseholders through service charges?

No. Under Paragraph 9 of Schedule 8 to the Building Safety Act 2022, landlords are legally barred from passing on legal or professional costs incurred in connection with proceedings concerning relevant defects to qualifying leaseholders via service charges.

Do I need to prove the exact engineering remedy in my Form BSA1 application?

No. As established in Waite v Kedai Ltd, applicants only need to establish that a relevant defect causing a building safety risk exists. The First-tier Tribunal has the power to order the landlord to remedy the defects in broad terms, requiring the landlord to determine and execute the appropriate engineering scheme.

Can multiple leaseholders make a joint application for a Remediation Order?

Yes. Multiple leaseholders, a group of residents, a recognized tenants' association, or a Resident Management Company (RMC) can apply together on a single Form BSA1. Filing jointly allows residents to share witness evidence and streamline proceedings.

General information only, last updated 2026-11-08. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Kingdom.