Birani Homes Ltd. appealed an order from the Chief Building Official of the City of London compelling it and the homeowners to submit an engineering report and remediate an unsafe foundation.
Birani argued the City lacked jurisdiction and the order was unreasonable because Birani had no right of access to the property.
The court allowed the appeal, setting aside the order as it was unreasonable to compel compliance when access was impossible, especially after a prior resolution acknowledged this inability.
The City was prohibited from issuing further orders against Birani requiring access to the property.
