How to Recover Costs from Developers for Fire Safety Defects

Fire Compartmentation Survey: Recover Costs for Fire Safety Defects

Understanding Your Rights Under the Building Safety Act (BSA)

At Stoptastic London, we’re seeing an increasing number of clients facing unexpected fire safety bills — often caused by original developers or contractors failing to meet their obligations. Fortunately, recent legislation gives building owners and managing agents more power to hold those parties accountable.

In this post, we’ll explain how you can recover costs for fire safety defects, particularly under the Building Safety Act 2022, and how we can support you in the process.

What Is the Building Safety Act?

The Building Safety Act (BSA) 2022 is a landmark piece of legislation introduced in response to major safety failures in residential buildings. It aims to:

• Improve accountability across the construction industry

• Ensure buildings are safe and compliant

• Provide clearer paths for recovering costs from those responsible for defective work

The Act applies to a wide range of buildings but focuses particularly on higher-risk residential premises (over 18m or 7 storeys), though other properties may still benefit depending on the circumstances.

Common Issues We’re Seeing

Many of the fire safety issues our team uncovers during compartmentation surveys or fire door inspections aren’t just the result of age or wear — they’re down to non-compliant original installation, such as:

• Fire doors with incorrect or missing intumescent seals

• Incomplete fire-stopping around service penetrations

• Poorly constructed risers and voids with no compartmentation

• Misuse of non-rated materials behind plasterboard finishes

In short, these aren’t maintenance issues — they are defects.

Recoverable Defects vs Maintenance

Understanding the difference between a maintenance issue and a defect is critical.

• Maintenance involves wear and tear over time — hinges loosening, seals degrading, closers needing adjustment.

• Defects refer to works that were never correct to begin with — installations that didn’t meet fire safety standards when the building was signed off.

Under the BSA, many fire safety defects can now be challenged, particularly if they’ve been uncovered within a specific liability period.

Can You Recover Costs?

In many cases, yes — especially if:

• The defect is historical and relates to original construction or refurbishment works

• It can be demonstrated that the contractor/developer did not meet their duties under fire safety regulations

• The issue has come to light through a professional fire risk assessment or compartmentation survey

• You are within the applicable liability window (which has been extended to 15 or 30 years, depending on the timing)

The Act allows for claims under Section 38 of the Building Act 1984 and new legal pathways introduced by the BSA to recover reasonable costs.

How We Help

At Stoptastic London, we not only identify issues — we help you build the case:

• Fire Compartmentation Surveys with photographic and floor plan-based evidence

• Clear documentation separating maintenance from original defects

• Assistance in drafting technical summaries to support legal or insurance claims

• Referrals to specialist consultants or fire engineers, where needed

Our reports are often used by managing agents and housing providers to open discussions with developers and to justify recovery of costs before resorting to legal action.

Final Thoughts

If you’re managing a building with legacy fire safety issues, you shouldn’t assume the costs are yours to carry. With the right evidence and expert support, you may be able to recover the cost of putting things right — and protect your residents in the process.