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United Kingdom service chargesretrospectivitybuilding safety act 2022

Ltd v Long Leaseholders at Hippersley Point

[2025] EWCA Civ 856; [2026] 1 WLR 1857
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2026
StatusBinding authority

Key Principle

Paragraph 9 of Schedule 8 to the Building Safety Act 2022 operates with a degree of retrospective effect so as to bar recovery from qualifying leaseholders (by service charge) of building-safety-related costs, including the legal costs of a dispensation application, even where incurred before commencement, provided the relevant service charge had not been paid by the commencement date.

Area of Law

General

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