An updated Technology and Construction Court (“TCC”) Guide was published on 1 July 2026, which (amongst other things) introduces a new Section 9, relating to Building Safety Act Business. This is the first time the Guide has included dedicated guidance on proceedings arising under the Building Safety Act 2022 (“BSA”), reflecting the increasing volume of building safety claims being heard by the TCC and some of the challenges that come with those claims.
The new Section 9 is primarily concerned with case management and practicalities for managing BSA claims at an early stage.
The split between the First Tier Tribunal (“FTT”) and the TCC
Section 9 of the 2026 TCC Guide recognises that:
- Remediation Orders (which have been introduced by section 123 of the BSA) and Remediation Contribution Orders (introduced by section 124 of the BSA) are dealt with by the FTT.
- Building Liability Orders (which were introduced by section 130 of the BSA) and Information Orders (introduced by section 132 of the BSA) must be brought in the High Court and are therefore suitable TCC claims.
The Guide notes that Building Liability Orders and Information Orders often involve technically complex issues and corporate structures, making them well suited for determination by specialist TCC judges.
New procedural requirements
As there is currently no dedicated Practice Direction relating to proceedings commenced under the BSA, Section 9 of the TCC Guide introduces a number of new procedural requirements.
Any claim or application under sections 130 or 132 of the BSA must now be accompanied by:
- A completed Building Safety Act Questionnaire (contained in Appendix L of the TCC Guide), which provides information about the building in question and whether any other proceedings have been commenced or contemplated (either in the FTT or the TCC) in relation to the same building; and
- The claimant’s proposals for management of the proceedings (where more than one set of proceedings is likely).
The intention behind this appears to be to ensure that the court has a clear picture of all Building Safety Act claims relating to a particular building at the earliest possible stage and to allow those claims to be managed together (in the interests of efficiency).
Introduction of the Allocation CMC
The TCC Guide also introduces the Allocation Case Management Conference (“Allocation CMC”). Once a claim is commenced under the BSA within the TCC, the matter will be referred to a TCC Judge to consider how any related proceedings should be managed.
Where appropriate, an Allocation CMC will be listed to determine whether related TCC and FTT proceedings should be coordinated. The hearing will usually take place remotely via Teams, be limited to one hour, and, where possible, occur within 28 days of the proceedings being commenced.
A merger of TCC and FTT claims
Perhaps the most interesting feature of the new section is its emphasis on avoiding duplication.
The Guide expressly provides that, where proceedings relating to the same building are being pursued in both the FTT and the TCC, the court may consider whether they should be heard together and by the same judge. Subject to the agreement of the President of the FTT (Property Chamber), a TCC judge may hear both sets of proceedings while also sitting as a judge of the FTT.
This approach is intended to improve efficiency, reduce costs, and minimise the risk of inconsistent decisions across different forums.
Practical significance
The addition of Section 9 is an important development for those involved in cladding, fire safety, and wider remediation disputes being commenced under the BSA. The new guidance signals the courts’ intention to take a proactive role in managing Building Safety Act claims and coordinating related claims from the outset with the view of ensuring efficiency and consistency.
In short, the new Section 9 of the TCC Guide establishes a practical framework for claims commenced under the BSA in the TCC. As Building Safety Act litigation continues to develop, Section 9 is likely to become an important tool in ensuring that such disputes are dealt with efficiently and consistently.
If you would like any guidance or assistance, or have any queries about how this may impact the approach towards claims made under the BSA within the TCC, please do not hesitate to contact us.