Judiciary’s increasing role in interpreting key provisions of the Building Safety Act 2022
A recent decision of the Upper Tribunal provides welcome clarification on defect claims and leaseholder protection provisions under the Building Safety Act 2022 (“the Act”).
The case of Almacantar Centre Point Nominee No.1 Ltd & Ors v Penelope de Valk & Ors reached the UT on appeal from the First‑tier Tribunal (FTT), underscoring the growing body of jurisprudence around the Act as parties test the scope and practical effect of its protective measures.
Defect claims and statutory obligations
The dispute centres on how defect claims should be assessed, particularly where leaseholders seek to rely on statutory protections designed to ensure that remediation responsibilities fall on the appropriate parties.
The Upper Tribunal’s analysis emphasises the interaction between the Act’s remedial framework and the contractual and statutory obligations of landlords, developers, and associated entities.
Growing role of tribunals in interpreting key provisions
While full details of the Upper Tribunal’s reasoning are not included in the source material, the case highlights the judiciary’s increasing role in interpreting key provisions—especially those relating to liability allocation, cost recovery, and the thresholds for establishing a valid defect claim.
This decision forms part of a broader trend of cases in which tribunals are asked to determine the extent to which the Building Safety Act shields leaseholders from the financial consequences of historical building defects.
The judgment provides further guidance for landlords, managing agents, developers, and leaseholders navigating a still‑evolving statutory landscape. With continued appeals anticipated as the Act matures, Almacantar is an important early contribution to the developing case law.
The Hamlins Real Estate Disputes team has expertise in both commercial and residential matters. We seek to obtain the best outcome possible for every client, no matter how big or small the issue may be. If you would like a conversation to find out how we might help you, please get in touch.