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Walker Morris supports Tower Hamlets Council in first known Remediation Contribution Order application issued by local authority
Walker Morris has supported Tower Hamlets London Borough Council (LBTH) in issuing what is believed to be one of the first Remediation Contribution Order (RCO) application issued by a local authority under the Building Safety Act 2022.
The application aims to secure funding to remediate life-critical fire safety defects at four high-rise residential buildings located on Blackwall Way.
The developer has signed the Developer Pledge and Self Remediation Terms, committing to remediate high rise buildings with life critical fire safety defects.
LBTH has applied for an RCO that would require the developer to fund the entity contractually responsible for fixing the buildings under the occupational flat leases. This would allow work to begin without further delay, bypassing the current impasse and accelerating progress for affected leaseholders and residents.
If granted, the RCO would enable LBTH to unlock funding to drive remediation forward, aligning with the Government's remediation acceleration plan and reinforcing the Council's commitment to resident safety.
LBTH has already made history as the first local authority to secure a remediation order against a building owner and continues to lead the way on proactive enforcement. Central Government funding is available to local authorities for enforcement action through the Remediation Enforcement Support Fund.
Commenting on the RCO application, Siobhan Murphy, Principal Environmental Officer at LBTH, said: "We're determined to ensure residents live in safe buildings and to remove barriers that delay vital remediation.
"When developers fail to act promptly to remediate life-critical defects, the Council will utilise every legal power available to protect leaseholders and expedite the necessary works. This RCO application is a further example of our commitment to decisive action and resident safety."
Asia Munir, Director in Real Estate Litigation at Walker Morris, added: "Local authorities, building owners and leaseholders need clear, effective legal routes to unlock funding and drive remediation forward.
"We supported Tower Hamlets in bringing this landmark RCO application. Our experience with the Building Safety Act 2022 and the interaction with Housing Act enforcement powers enables us to advise on strategic routes that get remediation started – and finished - without further delay."
Walker Morris has significant expertise in enforcement powers under the Building Safety Act 2022, including remediation orders and remediation contribution orders. The firm advises local authorities, leaseholders and other stakeholders on the interaction between the Housing Act 2004 and the Building Safety Act 2022 to deploy complementary statutory levers that secure timely remediation.
Walker Morris is a Leeds head-quartered, full service, independent law firm, operating internationally through a network of high-quality, like-minded firms around the world. It is the largest single-site firm outside of London, with over 300 lawyers across 30+ specialist practice areas. The firm's client portfolio includes financial institutions, multinational corporates, public sector organisations, growing businesses and private individuals spanning a variety of sectors, including those who make and move goods, those who develop and manage the built environment, and those who grow, invest in and support businesses and consumers.
For more information on Walker Morris, please visit here.
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