Building Safety Act Claims and the TCC Guide 2026

In a recent article, we discussed the headline changes introduced by the Technology and Construction Court Guide 2026 (“the Guide”), including the new procurement provisions, guidance on artificial intelligence and, perhaps most significantly, the introduction of a dedicated section dealing with Building Safety Act 2022 (“BSA”) claims.  Given the growing volume of building safety litigation and, for the first time, the introduction of detailed procedural guidance in Section 9 of the Guide, it is worth taking a closer look at what this means in practice for parties involved in Building Safety Act disputes.

Section 9 is significant. It is the first time the Guide has included dedicated guidance on BSA claims and reflects the growing importance of building safety litigation within the Court’s workload. While the Guide recognises that the law in this area is still developing and does not attempt to address every issue that could arise, it provides useful procedural direction for parties involved in BSA-related claims.

Building safety litigation as a distinct area of TCC practice

 Since the Act came into force, parties have increasingly sought to use its new remedies to pursue recovery of remediation costs and address responsibility for historic building safety defects. As a result, the courts have seen a steady increase in disputes involving complex ownership structures, historic construction projects and questions of corporate liability.

Against that backdrop, Section 9 can be seen as an acknowledgement that BSA claims are no longer a niche feature of TCC litigation but have become a recognised category of dispute requiring specific procedural guidance. The Guide makes clear that the Court expects this area of practice to continue evolving and that further issues are likely to emerge as the body of case law evolves

Jurisdictional distinctions

One of the most useful aspects of Section 9, is its explanation of the different roles played by the First-tier Tribunal (“FTT”) and the High Court.

The Guide explains that applications for Remediation Orders and Remediation Contribution Orders under sections 123 and 124 of the BSA fall within the jurisdiction of the FTT. By contrast, applications for Building Liability Orders and Information Orders under sections 130 and 132 are matters for the High Court and, given the complexity of the matters involved, most likely require the consideration of a TCC Judge.

Although this distinction is already apparent from the legislation itself, the Guide provides a helpful reminder that building safety disputes do not necessarily proceed within a single forum. In practice, parties may find themselves considering remedies that engage both the tribunal and the TCC.

This can present strategic and procedural challenges. Claimants will need to consider carefully which remedies are being sought, against whom, and in which forum they should be pursued. Defendants, meanwhile, will need to assess the extent to which proceedings in one forum may have implications for related claims elsewhere.

The Guide does not seek to resolve all the jurisdictional questions that could arise, but it provides a framework that should assist parties in identifying the correct route for their claims at an early stage.

Appendix L and early case management

Perhaps the most practical innovation is the introduction of the new Building Safety Act Questionnaire at Appendix L.

The questionnaire must accompany claims brought in the TCC under sections 130 and 132 of the BSA and is designed to provide the court with key information at the outset of proceedings. This reflects a broader trend within the TCC towards early identification of issues and active case management which are generally helpful for all parties involved in a dispute

While completing the questionnaire may appear to be an administrative step, its significance should not be underestimated. Parties will need to articulate at an early stage the nature of the building involved, the statutory basis of the claim and the issues likely to arise during the proceedings.

In many cases, this will require claimants to undertake careful analysis before proceedings are issued. Defendants are also likely to benefit from greater clarity regarding the case they are being asked to meet.

The introduction of Appendix L therefore appears intended not only to assist the court, but also to promote more focused and efficient litigation from the outset.

Implications for developers, contractors and associated companies

The new guidance will be of interest not just to developers and contractors involved in disputes concerning historic defects, but also to those companies that share a group or ownership structure with them. One of the most closely watched aspects of the BSA has been the ability, in certain circumstances, to extend liability beyond the entity directly involved in the original development to associated companies though Building Liability Orders and Information orders under sections 130 and 132. The inclusion of procedural guidance on these claims reflects the increasing prominence of such applications.

More generally, organisations facing potential BSA claims may wish to review document retention practices, corporate structures and historic project records. As building safety disputes continue to develop, access to contemporaneous evidence is likely to remain a key factor in the effective management of claims.

Looking ahead

The new building safety section is not intended to provide a comprehensive guide to every issue arising under the BSA. Given the pace at which the law is developing, that would be an impossible task. What it does provide is a clear indication that the TCC expects Building Safety Act litigation to form an increasingly important part of its work.

For parties involved in building safety disputes, Section 9 and Appendix L provide important mechanisms for managing and resolving disputes.  Beyond their procedural requirements, these provisions provide valuable insight into how the courts expect such claims to be prepared, presented, and managed in practice.

As the volume of BSA litigation continues to grow, that guidance is likely to become increasingly important for all those involved in the construction and real estate sectors.

If you have any questions regarding the information discussed in this article, please contact Jade Archer and Ben Boulter.