Updated Technology and Construction Court Guide delivers dedicated Building Safety Act and AI guidelines for proceedings in England and Wales

On 1 July 2026, the Technology and Construction Court (TCC) published its new guide which follows a significant increase in Building Safety Act 2022 (BSA) claims coming before the TCC and First-tier Tribunal (FTT). The guide was produced in consultation with the Building Safety Act Working Group, whose proposed updates from Autumn 2025 were discussed in this earlier Insight.

Coordination between the FTT and the TCC

BSA claims rarely stand alone. In an example scenario a developer may be pursuing the original structural engineer in the TCC for remediation costs for building safety defects; associated entities of the structural engineer might face a Building Liability Order (which extends building liability from one body corporate to another associated entity); and a leaseholder in the same block might be seeking a Remediation Order (requiring a relevant landlord to remedy specified defects), all arising from the same underlying defect.

Until now, these matters could run on diverging tracks across different forums, with little coordination between them. The requirements in the new TCC guide align the court's processes so that related claims can be progressed together, efficiently and to the benefit of all parties.

BSA Questionnaire and Allocation Case Management Conference

All claim forms and application notices in respect of claims in the TCC brought under the BSA must now be accompanied by the BSA Questionnaire, contained at appendix L of the TCC guide.

The form is designed to inform the presiding judge of key information about the affected buildings and any other related proceedings which have been, or are likely to be, commenced in the FTT or TCC. It also provides the claimant with an opportunity to outline its proposals for case management where multiple proceedings are likely.

The new guidance allows for an "Allocation Case Management Conference" to take place within the first 28 days of a claim under the BSA being issued.

Pre-action protocol obligations

Parties issuing claims in the TCC are usually required to comply with the Pre-Action Protocol for Construction and Engineering Disputes before lodging a claim. This protocol requires parties to air their positions and seek to narrow the issues in dispute before formal litigation.

However, under the TCC guide a claimant can now bypass this requirement if:

• the claim concerns an application for an information order under section 132 of the BSA (provided some minimum communication requirements expected of applicants have also been met); or
• if a party wishes to rely upon the BSA in the context of existing proceedings.

Both exemptions have been introduced in recognition of the fact that building safety issues are often urgent. People may be living in buildings which have building safety issues during litigation. The TCC guide reflects a deliberate judicial policy choice to ensure that the BSA's remedial tools remain accessible and are not blunted by procedural requirements designed for a different type of dispute, which may delay resolution.

Guidance on the use of AI in TCC proceedings

To date, the UK courts have been taking a pragmatic rather than prohibitive approach to AI: broadly welcoming its use, but making clear that it comes with necessary guardrails and checks. The TCC guide points readers to a general judicial guidance note on AI which was published in October 2025, and codifies that, in the TCC specifically, AI use is permitted but the following should be noted:

• legal representatives have a professional obligation to ensure that AI material is accurate and appropriate, and must be in a position to confirm they have independently verified the accuracy of any research or case citations; and
• the confidentiality and privacy of any underlying data must be upheld at all times.

Whether and to what extent legal representatives should disclose their use of AI will depend on the context. However, any doubt as to whether to disclose the fact that AI has been used should be resolved in favour of such disclosure.

Osborne Clarke comment

The new TCC guide recognises that BSA procedures in the TCC and FTT remain an emerging area, and that the new guidance cannot yet anticipate every issue that will arise. In practice, early strategic decisions and proactive open discussions about how to manage and coordinate claims across the TCC and FTT will be important for all parties.

On AI, the message is straightforward: use it thoughtfully, verify everything, and when in doubt, disclose.

As litigation under the BSA continues to evolve, we will continue to monitor developments and publish updates accordingly. If you would like to discuss how these changes may affect your position or any building safety dispute, please get in touch with our team.

Jai Balaghan, trainee solicitor at Osborne Clarke, assisted in producing this Insight.