Jurisdiction(s):
United Kingdom

EWCA confirms retrospective RCOs, wide FTT discretion and 'just and equitable' test under BSA 2022 s 124 (Triathlon Homes v SVDP)

Published on: 04 August 2025

Published by a LexisNexis Property Disputes expert

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Article summary

Building safety; statutory construction; retrospectivity; exercise of discretion by FTT; meaning of ‘just and equitable’ (Triathlon Homes LLP v Stratford Village Development Partnership & Others) Triathlon Homes LLP v Stratford Village Development Partnership and other companies (Secretary of State for Housing, Communities and Local Government, intervening) [2025] EWCA Civ 846

What are the practical implications of this case?

This is the first appellate ruling on RCOs and confirms the wide scope of matters the tribunal may weigh when using its discretion to make an order. There are several practical lessons for practitioners. In particular:

first, the exposure to unknown and potential no‑fault‑based liabilities. It is now clear RCOs can be made for defects originating as long ago as 1992. A change in beneficial ownership of a developer, or of a company associated with a developer, will not absolve those companies from liability. The court instead observed that acquiring any company involves assuming the risk of unforeseen liabilities attached to that acquisition
second, RCOs can be drawn so that payment is directed to a recipient other than the applicant. In this case, Triathlon sought orders concerning sums that EVML was to incur...

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