Triathlon: Remediation Contribution Orders under the Building Safety Act 2022 – Part Two Review
Listen to Parklane Plowden’s latest PLP Podcast – Triathlon: Remediation Contribution Orders under the Building Safety Act 2022 – Part Two Review
Following the earlier podcast examining Remediation Contribution Orders (RCOs), PLP chancery, commercial and property barristers Bryan Patterson-Whitaker and Dominic Crossley look at the recent Court of Appeal case Triathlon Homes LLP v Stratford Village Development Partnership [2025] EWCA Civ 846.
After finding significant building safety defects in five residential towers in East London, Triathlon Homes applied to the First-tier Tribunal for a RCO against the site’s developers.
The RCO was granted and a leapfrog appeal was launched by the developers to the Court of Appeal. Bryan and Dominic look at the two key grounds behinds the appeal.
The first ground was whether it was just and equitable to grant an RCO. Sub-grounds to this included whether the First-tier Tribunal had wrongly created a presumption that it was just and equitable to grant an RCO, Triathlon’s motivations behind applying for an RCO as well as the availability of public funding for remedial works.
In its ruling upholding the RCO, several significant points were made about validity of the First-tier Tribunal’s decision in its interpretation of the Building Safety Act.
These include primary responsibility for costs, the changing identity of beneficial owners and the relevance of pursuing claims against other parties such as contractors.
The two also examine the grounds as to whether RCOs can be made retrospectively so that they have application before the provisions laid out in the Building Safety Act came into force.
Finally, Bryan and Dominic consider what the likely implications are from this ruling for different parties including developer and funders, managing agents and leasehold owners as well as legal practitioners.
Listen to the podcast below:
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