ACM CLADDING RECORDS

Triathlon Homes LLP v Stratford Village Development Partnership & Anor

Properties1
categoriescladding, fire-safety, RCO, BSA2022, developer, olympic-village

Triathlon Homes LLP v Stratford Village Development Partnership & Anor

FTT (Property Chamber) [2024] UKFTT 26 (PC), decision 19 January 2024, order dated 5 March 2024
Court of Appeal [2025] EWCA Civ 846, 8 July 2025

Correction

This note previously dated the FTT decision 3 December 2024. Law reports and the judiciary.uk-published judgment date it 19 January 2024, with the tribunal’s order dated 5 March 2024.

Judgments: FTT [2024] UKFTT 26 (PC) (judiciary.uk PDF) · Court of Appeal [2025] EWCA Civ 846 (National Archives)

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Issue

Design and construction defects in cladding systems on five residential blocks at the former London 2012 Olympic athletes’ village, Stratford (now East Village). Fire safety defects discovered November 2020; total remediation cost ~£24.5m. Triathlon sought a Remediation Contribution Order (RCO) under s.124 Building Safety Act 2022 for ~£18m against SVDP (developer) and Get Living plc (its parent company, now owner).

Outcome

  • FTT: first contested RCO under s.124 BSA 2022. Held it just and equitable to order SVDP, and its wealthy parent Get Living, to pay — the BSA is intended to prevent well-capitalised parents hiding behind under-funded SPVs. Get Living was “associated” with SVDP via the freeholder/landlord chain of title.
  • Court of Appeal: dismissed SVDP’s appeal. Confirmed (a) it was just and equitable to make the RCO, and (b) an RCO can be made in respect of costs incurred before s.124 came into force (28 June 2022) — i.e. retrospective effect. Drew on URS Corporation v BDW Trading as to the BSA’s policy.

Notes

  • The most important case so far on Remediation Contribution Orders.
  • Heard together with Adriatic Land 5 v Hippersley Point.
  • Confirms the “association” test under s.130 BSA captures both direct and indirect control, and that later corporate changes (e.g. acquisition after practical completion) do not shield a parent from liability.

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