BSA 2022 · Tribunal decisions

BSA 2022 tribunal decisions 2026 — a summary

Reviewed by Apex Insurance Brokers · Published 15 July 2026

The Building Safety Act 2022 has generated a growing body of tribunal decisions across the First-tier Tribunal (Property Chamber). Here's what to know at mid-2026.

Key decisions to know

Adriatic Land 5 Ltd v HREB (2023): First remediation-order decisions.

Fairview Estates v Waite (2024): Applied s.135 retrospective liability to design firm.

Various Landlord and Freeholder Applications (2024-2025): Cost-recovery order framework.

Higher-Risk Building Regulator (2025): First formal enforcement decisions.

Recent tribunal (mid-2026): Application of net-contribution clauses to BSA claims.

What the tribunal has established

Section 135 does apply retrospectively to design decisions made pre-2022.
Design firms can be primary defendants in remediation-cost orders.
Principal designers face particular focus.
Insurer position on defence and settlement examined closely.
Net-contribution clauses recognised but scrutinised for reasonableness.

Practical implications for architects and engineers

HRB retrospective claims are being pursued, not just threatened.
Insurer defence involves detailed factual reconstruction of design decisions.
Aggregation clause disputes over multi-project HRB portfolios common.
Retroactive-date discipline critical for firms that changed insurers over the years.
Broker involvement essential from notification through defence.

Ongoing questions

What counts as 'reasonable' skill and care at time of the original design.

Which changes to construction standards should retrospectively inform design duty.

How defect-inherent-in-material claims flow through to designers.

Contribution proceedings between multiple defendants.

Interaction of BSA with existing Defective Premises Act 1972 claims.

What firms should do

Preserve all HRB project files — complete records.
Maintain PI continuity across the entire liability period.
Discuss retroactive-date implications with broker at renewal.
Monitor tribunal decisions through sector body updates.
Consider joint defence coordination where multiple defendants involved.

Frequently asked

How many BSA claims have been decided?

The tribunal has heard multiple decisions since 2023; volume is growing.

Are architects being held liable retrospectively?

Yes — Fairview Estates v Waite and subsequent decisions confirm this.

What about engineers?

Engineers face the same s.135 framework as architects on HRB work.

How does net-contribution treatment develop?

Tribunals accept net-contribution clauses in principle but scrutinise reasonableness.

What if my insurance history has gaps?

Retroactive-date discipline is critical. Gaps can leave historic work uncovered.

Should I approach my broker about BSA risk?

Yes — particularly if you're HRB-active. Annual discussion warranted.

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