How landmark building safety court rulings could clarify the law on liability

Theresa mohammed bw 2018

Recent court rulings - including Grey GR Limited Partnership vs Edgewater (Stevenage) Ltd – could provide better understanding, prompting clear thinking, rapid remediation and the faster resolution of disputes, writes Theresa Mohammed

Discussion around the scope of the Building Safety Act 2022 (BSA) is showing no sign of abatement, thanks to landmark cases in the First-tier Tribunal, the government’s response to the Grenfell Tower Inquiry Phase 2 report, and what will undoubtedly be a landmark decision from the Supreme Court in an upcoming case. What is clear from recent developments is that the courts are also clearly intent on providing guidance on the application of the Defective Premises Act 1972 (DPA), remediation contribution orders (RCOs), what is meant by a “defect” in this context and the ability to throw the net wide to capture associated companies.

 A case that has garnered significant attention was the decision of the First-tier Tribunal in Grey GR Limited Partnership vs Edgewater (Stevenage) Ltd and others (2025). The building in question was on the secretary of state’s radar and is subject to the first application for a remediation order under the new legislation in October 2022. It is Vista Tower, a 49.5m-high residential building in Stevenage, which was converted from offices to 73 flats. The conversion works were carried out by Edgewater (Stevenage) Ltd, which used combustible materials in the external walls.

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