Building liability orders: BLO-win’ in the wind?
Summary
The article examines the expanding use of building liability orders (BLOs) under the Building Safety Act 2022, which can extend liability for building safety defects beyond the directly responsible company to associated entities. Recent Technology and Construction Court decisions suggest the courts are taking a purposive approach, with the scope of BLOs likely to continue developing through further cases and appeals.
Why it matters
For residential property surveyors, this affects the wider risk landscape around historic defects, remediation and the parties potentially responsible for funding works. It also signals ongoing legal uncertainty that may influence due diligence, defect reporting and advice to clients on buildings with complex ownership or development histories.
Key points
- BLOs can transfer liability for building safety defects to associated companies.
- Recent TCC decisions indicate BLOs are not limited to the original developer-SPV model.
- Courts are applying a broad, purposive interpretation of the Building Safety Act 2022.
- Further cases and an appeal may clarify the limits of BLOs.
- Companies linked to affected buildings are being advised to review their exposure.
This is an RPSA summary of a publicly available article. The full content remains with the original publisher.
