Building Safety Act and remediation contribution orders

The Court of Appeal in Triathlon Homes Ltd v Stratford Village Development Partnership and Others [2025] EWCA Civ 846 held that the First-tier Tribunal was entitled to make a remediation contribution order under section 124 of the Building Safety Act 2022, having considered that it was "just and equitable to do so". The Court of Appeal rejected multiple challenges to the conclusion that it was "just and equitable" to make such an order and, in doing so, considered the balance to be struck between the relative positions of developers and the "public purse". The Court of Appeal also held that a remediation contribution order can be made in respect of costs incurred before section 124 of the Act came into force on 28 June 2022. This conclusion sheds further light on the approach which the courts will take when deciding whether provisions of the Act do, or do not, have retrospective effect.