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ARTICLE · 28 MAY 2024

Building Liability Orders – Where Are We Now?

Gowling WLG
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Building Liability Orders (BLOs) are a new type of order that the High Court has the power to make under s.130 of the Building Safety Act 2022 (BSA), if it considers it "just and equitable" to do so.

United KingdomReal Estate and Construction
Sue Ryan
Sue Ryan
Sean Garbutt
Sean Garbutt
Olivia Hookings
Olivia Hookings
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Building Liability Orders (BLOs) are a new type of order that the High Court has the power to make under s.130 of the Building Safety Act 2022 (BSA), if it considers it "just and equitable" to do so.

Since BLOs are a novel remedy, there is very little guidance about how the courts will apply the "just and equitable" test or, indeed, about how a BLO application should be made in practice. A recent High Court ruling has provided some welcome guidance on a number of practical aspects, such as:

  • At what stage in proceedings should a BLO application be made?
  • Who may apply for a BLO?
  • What factors might the Court consider in deciding whether it is "just and equitable" to make a BLO?

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