The smoke clears on whether rooftop gardens are higher-risk buildings

During the Remediation Order application, a specific issue arose about whether a rooftop garden that was not enclosed was a ‘storey’, which was crucial to the question of whether the building was a higher-risk building (HRB). If it were, a considerably stricter regime under the BSA applied. The FTT announced, unasked by either party to the application, that it thought the building was an HRB.

It also raised concerns that the recommended remedial works did not address the substantial amounts of timber on the walkways, balconies, roof terrace and planters. It also recorded concerns about bin stores, doors, louvres and panels to windows and balconies. In the subsequent hearing, these additional concerns were referred to by the FTT as “the tribunal’s issues”. So, the FTT adjourned the original hearing, requesting further expert reports.