In a recent First-Tier Tribunal decision regarding Pieris House, Feltham, it was decided that a part of a building is not a separate building if it’s still fundamentally attached to another building or part of a building.
Flats 29–40 (the lower-rise section) were argued to be a self-contained part. The Tribunal disagreed.
Why?
- No clean vertical split
Overhangs, under-hangs, transfer beams, and a shared stairwell meant this wasn’t a true division of the building.
- No independent redevelopment
You couldn’t demolish or rebuild the lower section without major structural works affecting the rest.
- Services
Utilities couldn’t be separated without serious disruption.
Result?
Flats 29–40 are part of the same “relevant building” as flats 1–28. Which meant that Flats 29-40 formed part of a relevant building under the Building Safety Act 2022 (Act) and flat owners could therefore benefit from the Act’s protections.
The takeaway:
If a building or part of a building shares structure, access, or services, it’s probably not “self-contained” no matter how it looks on paper.
This has real implications for the Act’s protections, liability, and cost recovery.
If you’re advising on a building you think might be caught by the relevant provisions of the Act, seek legal advice at an early stage.
If you have any queries, please do contact Lucy Riley in our Commercial Property team on 0345 646 0406 or fill in our online enquiry form and we will be in touch.