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Section 130 Building liability ordersI1I2

England and Wales

(1)

The High Court may make a building liability order if it considers it just and equitable to do so.

(2)

A “building liability order” is an order providing that any relevant liability (or any relevant liability of a specified description) of a body corporate (“the original body”) relating to a specified building is also—

(a)

a liability of a specified body corporate, or

(b)

a joint and several liability of two or more specified bodies corporate.

(3)

In this section “relevant liability” means a liability (whether arising before or after commencement) that is incurred—

(a)

under the Defective Premises Act 1972 or section 38 of the Building Act 1984, or

(b)

as a result of a building safety risk.

(4)

A body corporate may be specified only if it is, or has at any time in the relevant period been, associated with the original body.

(5)

A building liability order—

(a)

may be made in respect of a liability of a body corporate that has been dissolved (including where dissolution occurred before commencement);

(b)

continues to have effect even if the body corporate is dissolved after the making of the order.

(6)

In this section—

  • “associate”: see section 131;

  • “building safety risk”, in relation to a building, means a risk to the safety of people in or about the building arising from the spread of fire or structural failure;

  • “commencement” means the time this section comes into force;

  • “the relevant period” means the period—

    1. (a)

      beginning with the beginning of the carrying out of the works in relation to which the relevant liability was incurred, and

    2. (b)

      ending with the making of the order;

  • “specified” means specified in the building liability order.

Annotations

Commencement

I1

S. 130 not in force at Royal Assent, see s. 170(5)

I2

S. 130 in force at 28.6.2022 by S.I. 2022/561, regs. 1(2), 3(h)