The latest decision from the First-tier Tribunal (FTT) on remediation orders is about the increasingly thorny issue of seeking to vary (extend) the time for compliance with a remediation order.
This decision involved Millroyd Mill in Brighouse, West Yorkshire. A remediation order was made in November 2024 which required Millroyd Island Management Co Ltd (Millroyd) to complete certain remedial works by 29 May 2026.
On 1 June 2026, Millroyd applied to the FTT seeking a 28 day stay to the remediation order “pending delivery of our final proposed programme of works to enable us to ask for the appropriate extension.”
The FTT treated this as an application to vary the remediation order, which by the way, it refused. It was critical of Millroyd stating it had failed (among other things) to:
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provide cogent reasons as to why work had failed to progress sooner (and why the delays were reasonable);
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bring a coherent plan and timescale of when the works would be completed.
The FTT went on to say that the most suitable way forward was for the courts to use their enforcement powers. This is confirmed at sections 107 and 123 (7) of the Building Safety Act 2022 and would appear to anticipate proceedings for contempt of court.
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