Two important points were clarified in the Upper Tribunal (Lands Chamber) (UT) appeal case Edgewater (Stevenage) Limited, recently decided on 27 January 2026.

1. Any risk in a ‘relevant building’ (at least 11m or 5 storeys, and containing at least two dwellings) may be a ‘building safety risk’ if it fulfils the definition in section 120(5) of the Building Safety Act 2022 (BSA 2022). 

   Doubt over whether a risk must be more than ‘tolerable’ or ‘low’ to meet the criteria was dealt with at length, the UT deciding that the words used in the statute did not support any such cut-off; and

2. It is possible for a tribunal to make one or more remediation contribution orders against the respondents to an application under section 124 of the BSA 2022. These may be made jointly and severally against those of the respondents that the tribunal considers it is ‘just and equitable’ to do so, giving sufficient reasons in each case for doing so. 

   The UT agreed with the reasons given by the First-tier Tribunal (Property Chamber) (at paragraphs 349-381 of its decision) for making the order against the selected respondents on a joint and several basis. There was no minimum requirement that the respondent had participated in the development or was in receipt of remuneration from it.

   This therefore provides guidance for the ‘just and equitable’ test that applies to making a remediation contribution order, although in each case the relevant factors will vary depending on the circumstances.

This decision complements the Triathlon decision (see my previous blog), where a remediation contribution order may be made for costs already incurred or to be paid for remediation of a ‘relevant building’, due to building safety issues.

The web in which parties at fault for building safety issues can be caught has a wide reach, extending far beyond the corporate veil. Please get in touch if you would like to discuss our assistance as a housing provider with any aspect of the ‘leaseholder protections’ or potential litigation based on the new remedies that are available.