Part 5: Other provisions about safety standards, etc. Remediation of Certain defects Section 124: Remediation contribution orders Effect
This section makes provision about remediation contribution orders. Subsection (1) sets out that a remediation contribution order can be made by the First-tier Tribunal (the Tribunal) if it considers it just and equitable to do so.
	Subsection (2) provides that the Tribunal can make a remediation contribution order in relation to a relevant building (defined in section 117). A remediation contribution order can be made by the Tribunal on the application of an interested person (to which see subsection (5)) to require a company to make payments in connection with the remediation of relevant defects.
	Subsection (3) sets out that a remediation contribution order can be made against a landlord for the building, a person who was a landlord at the qualifying time (the start of 14 February 2022), or the building’s developer; as well as any person associated with any of these parties (where "associated" has the meaning given in section 121).
	Subsection (4) sets out that a remediation contribution order can require payments to be made to fix relevant defects in a building and at a specified time.
	Subsection (5) sets out definitions that are relevant to the section. "Associated", "partnership", "relevant building" and "relevant defect" are all defined in the preceding sections. "Developer" is defined as a person who built or commissioned the construction of the building or part of the building, with a view to granting or disposing of interests in the building or parts of it, for example by selling flats in the building following its construction. "Specified" means specified in the order, which means that the Tribunal can determine, for example, to whom a remediation contribution order applies, to which relevant defects it applies, and to whom payments under the order need to be made.
	An "interested person" is defined in subsection (5). An interested person is a person who may apply to the Tribunal for a remediation contribution order. These persons are the Secretary of State, the Building Safety Regulator, the local authority for the area in which the building is located, the fire and rescue authority for the area in which the building is located, and any person with a legal or equitable interest in the building or any part of it. A person with a legal or equitable interest in the building will include, for example, leaseholders of flats within the building, as well as the freeholder and other relevant landlords for the building. Paragraph (f) provides that the list of interested persons may be expanded through regulations made by the Secretary of State.
	Subsection (6) allows the Secretary of State to expand, by regulations, the provision under this section to buildings that would be relevant buildings but for section 117(3). Section 117(3) provides an exemption from the definition of "relevant building" for collectively enfranchised buildings and those which are on commonhold land. The effect of subsection (6) is to allow the Secretary of State to provide that remediation contribution orders can apply to this class of buildings, in addition to those which are defined as relevant buildings in section 117.