TCC Guide 2026: Key Developments for Building Safety, Procurement and AI

On 1 July 2026, the Courts and Tribunals Judiciary published the Technology and Construction Court Guide 2026. This fourth edition represents the most significant update to TCC practice since 2022 and reflects extensive consultation with judges and court users.

While the Guide contains a range of procedural updates, three developments are particularly noteworthy: the introduction of dedicated guidance on proceedings under the Building Safety Act 2022 (“BSA”), a substantial revision of the procurement section to reflect the Procurement Act 2023, and new guidance on the use of artificial intelligence (“AI”) in litigation. Together, these changes demonstrate the TCC’s continued adaptation to legislative reform and evolving technologies, and will be important in the procedural management of claims going forward.

Building safety

The most significant addition is the introduction of dedicated guidance (under Section 9) on proceedings under the BSA. As the Guide acknowledges, building safety litigation is an emerging and rapidly developing area of Technology and Construction Court (TCC) business and it would not be possible to address every issue that may arise as the case law evolves. Nonetheless, it provides useful and welcomed procedural guidance on claims brought under the BSA.

Section 9 draws a distinction between BSA proceedings in the First-tier Tribunal (FTT) and those in the TCC. It notes that the FTT has jurisdiction to determine applications for Remediation Orders and Remediation Contribution Orders under sections 123 and 124 of the BSA, while jurisdiction over Building Liability Orders and Information Orders under sections 130 and 132 of the BSA lies with the High Court.

Further, the Guide addresses key BSA remedies, including Remediation Orders, Remediation Contribution Orders, Information Orders and Building Liability Orders. It also introduces a new questionnaire (Appendix L), which must accompany BSA claims brought (under S130 or 132 of the BSA) in the TCC.

The inclusion of a dedicated section reflects the growing importance of building safety disputes within the court’s caseload and should provide greater clarity on how such claims will be managed in practice. This will be particularly relevant to developers, contractors, consultants, building owners and insurers involved in disputes concerning historic defects and remediation works.

Procurement Act 2023

The procurement section has been substantially revised to reflect the Procurement Act 2023 and align TCC procedures with the new procurement regime.

The TCC remains the principal forum for procurement challenges and the updated guidance provides valuable insight into how those disputes will be managed under the new legislative framework.

Appendix H contains guidance specific to public procurement disputes, including a dedicated pre-action process that takes account of the eight-day standstill period. The Guide also addresses confidentiality issues commonly arising in procurement litigation, requiring parties to serve both a redacted, non-confidential version of the Particulars of Claim and an unredacted version marked “Confidential” for the court’s use.

While the Act remains the primary source of parties’ rights and obligations, the revised Guide provides practical assistance to contracting authorities, utilities, bidders and suppliers seeking to navigate procurement disputes under the new regime.

AI and the TCC

The Guide expressly recognises the use of AI in litigation proceedings for the first time.

This reflects the increasing adoption of generative AI tools for activities such as legal research, document review, drafting and data analysis. While such tools may improve efficiency, the court emphasises that parties remain responsible for verifying outputs, maintaining confidentiality and otherwise complying with their professional obligations. AI may be used, but it cannot replace professional judgement.

As AI tools become more sophisticated, this guidance is likely to become increasingly important in construction, technology and procurement disputes, particularly those involving large volumes of technical documents and expert evidence.

Wider developments

Alongside these headline changes the Guide contains numerous amendments reflecting evolving TCC practice and feedback received during consultation.

The sections dealing with the work of regional TCC centres outside London have also been substantially revised. The TCC at the Rolls Building in London will now be required to consider transferring cases of up to £1 million to the Central London County Court. This is an increase from the £500,000 threshold under the 2022 Guide.

These updates will have a practical impact on the day-to-day conduct of litigation and demonstrate the court’s continuing focus on efficient and accessible case management.

The TCC Guide 2026 is more than a procedural update. Its treatment of building safety claims, procurement disputes and AI reflects some of the most significant developments affecting the construction and technology sectors. Organisations involved in these areas should review the new Guide carefully, as it provides important insight into how the TCC expects such disputes to be managed in practice. If you have any questions regarding the information discussed in this article, the TCC Guide, or how your organisation may be impacted, please contact Jade Archer and Ben Boulter.

Includes commentary from Kayleigh Rhodes