Michael O'Connor and Richard Flenley write for Construction Law on lessons from two Building Safety Act (BSA) cases in the Court of Appeal
Two recent rulings from the Court of Appeal have marked a turning point in the legal interpretation of the BSA.
In Triathlon Homes LLP v Stratford Village Development Partnership & Get Living Plc and Adriatic Land 5 Ltd v Leaseholders at Hippersley Point, the Court confronted two of the most pressing questions facing the property sector today: how far back the BSA can reach, and who must ultimately bear the costs of remediating unsafe buildings.
Michael O'Connor, Partner in our Construction, Engineering & Projects team, and Richard Flenley, Partner in our Real Estate Disputes team, explore the lessons from the two judgments in a joint article for Construction Law.
Michael and Richard explain that, handed down on the same day in July 2025, these judgments "offer clarity in a fast-moving legal landscape". They continue:
[These judgments] show that the courts are willing to apply the BSA robustly in line with the Government’s policy objectives but are also careful not to allow a completely retrospective rewriting of obligations. For landlords, developers, and leaseholders, the message is clear: the courts are prepared to enforce the principle that developers, landlords and their associates will bear the brunt of putting right building safety risks in residential and certain mixed-use buildings.
Read the full article here (subscription required).
