What do you mean by risk in ‘building safety risk’?
The Building Safety Act is causing headlines again. This time it is Urban Splash and others being held liable for an eye-watering sum of over £45 million under a Remediation Contribution Order.
Lots to digest from this judgment, and no doubt more will follow, but I couldn't help but notice that Stephenson Harwood's current case (Secretary of State v Canary Riverside Estate Management Limited & Ors), involving the fundamental point of what counts as a "relevant defect" and a "building safety risk" under section 120 of the Building Safety Act 2022, was mentioned no fewer than seven times in the judgment.
It is a fundamental case in Building Safety Act terms and our BSA team will be dealing with the appeal in that case later this month. Can it get more crucial under the Building Safety Act than: what do you mean by risk when you refer to ‘building safety risk’?
whilst the Applicant's case was that the statutory threshold is satisfied by the existence of any risk arising from the spread of fire, R1-4 argued that the BSA requires a more substantive assessment directed to the materiality, significance and tolerability of the risk in question.’
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