Lawbite: Retrospectivity under the Building Safety Act 2022 (“the BSA”) – a matter of construction
July 14, 2025
Lawbite: Retrospectivity under the Building Safety Act 2022 (“the BSA”) – a matter of constructionJuly 14, 2025 SummaryThis Court of Appeal (“CoA”) judgment is one of two landmark judgments to have been handed down on 8 July 2025. This appeal concerned the retrospective effect of the BSA, in particular whether a landlord is prevented from recovering by way of service charge certain building safety related costs which it had incurred before the BSA Schedule 8 leaseholder protections came into force on 28 June 2022. First Tier Tribunal’s assessmentIn 2021, before the BSA was passed, the First-Tier Tribunal (“FTT”) allowed the consultation requirements under s.20 of the Landlord and Tenant Act 1985 to be dispensed with in respect of Adriatic’s urgent fire safety remedial works. Dispensation was conditional upon Adriatic not being entitled to recover the costs of the dispensation application from its tenants. Adriatic appealed against this costs condition. Leaseholder protectionsAlthough the UT agreed that the FTT was wrong to have imposed the condition, it reasoned that by the time the matter came before it paragraph 9 of schedule 8 to the BSA had come into force on 28 June 2022 limiting recovery of those costs in any event. Court of Appeal’s reasoningThe CoA was to decide three issues:
The CoA decided that:
Key points
Our LawBite on the Triathlon Homes LLP v (1) Stratford Village Development Partnership; (2) Get Living Plc; and (3) East Village Management Limited [2025] EWCA Civ 846 decision can be found here. Latest Insights
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