Part 8 – Amendments of Part 5 of the Building Safety Act 2022 Section 116: Remediation contribution orders
This power is aimed at providing more clarity for the First Tier Tribunal when making remediation contribution orders, to improve their functionality and take-up, broadly equivalent to the way Section 115 amends remediation orders.
	Section 116 amends Section 124 of The Building Safety Act 2022. New subsection (2A) sets out descriptions of "costs" as referred to in the existing subsection (2). These are examples of costs which can be recovered under a remediation contribution order.
	New subsection (2B) provides the Secretary of State with the power to make regulations specifying descriptions of costs which are, or are not, to be regarded as falling within subsection (2). This delegated power effectively enables the Secretary of State to supplement the description of costs incurred in remedying (or taking relevant steps in relation to) relevant defects, to specify certain costs as inside or outside the scope of the remediation contribution order, as is deemed appropriate.
	Subsection (4) is amended to clarify that the person set out in existing subsections (3)(a) to (d) can be specified as a person required to make payments under a remediation contribution order. The "person" may be a current landlord, a previous landlord, a developer or an entity associated with any of the above.
	Subsection (5) is amended to clarify that if a remediation contribution order does not require the making of payments of a specified amount, the order may determine that a specified body corporate or partnership is liable for the reasonable costs of specified things done or to be done.
	Subsection (6) is amended to insert definitions of "expert report", "relevant steps", "temporary accommodation costs" and "works". Local Authorities can apply to the First Tier Tribunal for a remediation contribution order to recoup costs associated with temporarily rehousing residents of buildings of 11m and above whose building has to be decanted on building safety grounds, where they have not received financial support for housing from responsible relevant landlords.
	These Sections apply, in relation to proceedings for a remediation contribution order (under Section 124 of The 2022 Act) which are pending, on the day on which the amendments come into force (as well as proceedings for such an order which are commenced on or after that day) and, in relation to costs incurred, before as well as after those amendments come into force.