Purpose

The report
relates to a building that constitutes a higher-risk building for
the purposes of the Building Safety Act 2022 (“BSA
2022”). A dispute has arisen
between the
Council and its landlord regarding which party should be the
principal accountable person under the BSA 2022.
 
The report seeks
the approval of the Borough Solicitor, following consultation with
the Executive Director Homes and Communities, for the Council to
make an application for a determination of the principal
accountable person under section 75 of the BSA 2022.
 
This report is
coming to the Borough Solicitor as under the Council’s
constitution the Borough Solicitor is authorised to institute,
defend or participate in any legal proceedings in any case where
such action is necessary to give effect to a decision of the
Council or otherwise the Borough Solicitor considers such action to
be in the Council’s best interests.
 

Content

THAT the Borough
Solicitor, following consultation with the Executive Director Homes
and Communities, agrees that the Council make an application to the
First-tier Tribunal, pursuant to section 75 of the Building Safety
Act 2022, for the determination of, amongst other things, the
Principal Accountable Person in respect of the higher risk
building.